B-135129, APR. 24, 1958

B-135129, APR. 24, 1958

TO MR. JOHN B. MOORE:

YOUR LETTER DATED JANUARY 10, 1958, REQUESTS THAT WE RECONSIDER OUR SETTLEMENT OF DECEMBER 23, 1957, WHICH DISALLOWED YOUR CLAIM FOR AN ADJUSTMENT IN PAY BETWEEN THAT APPLICABLE TO A MESSENGER AND TO A CITY LETTER CARRIER DURING THE PERIOD 1947 TO 1954. YOUR CLAIM WAS DISALLOWED UPON THE GROUND THAT YOU AS A MESSENGER DID NOT QUALIFY AS A CITY LETTER CARRIER UNTIL FEBRUARY 16, 1954.

YOU ALLEGE THAT OUT OF A GROUP OF EMPLOYEES WHO TRANSFERRED TO THE CITY POST OFFICE, MAIL MESSENGER SERVICE IN 1940, SOME OF THE GROUP, INCLUDING MESSRS. GATLING, BRONSON, AND HOLMES, WERE MADE REGULAR CARRIERS IN 1947 AND THE OTHERS, INCLUDING YOU, WERE NOT MADE REGULAR CARRIERS UNTIL 1954. YOU SAY THAT NEITHER MESSRS. GATLING, BRONSON, NOR HOLMES WERE COMPELLED TO PASS AN EXAMINATION OR TEST IN ORDER TO BE PROMOTED AND YOU BELIEVE THAT YOUR QUALIFICATIONS WERE AS GOOD AS THEIRS AND THAT, THEREFORE, YOU SHOULD HAVE BEEN PROMOTED WITH THEM IN 1947.

THE POST OFFICE DEPARTMENT REPORTS THAT BETWEEN AUGUST 1943 AND JANUARY 1954, THE CIVIL SERVICE COMMISSION REQUIRED THAT ALL POST OFFICE MESSENGERS WHO WISHED TO BE TRANSFERRED TO THE POSITION OF LETTER CARRIER MUST PASS AN EXAMINATION BEFORE SUCH A TRANSFER COULD BE EFFECTED. THE REPORT FURTHER STATES THAT, BETWEEN 1947 AND 1954, YOU WERE OFFERED AN OPPORTUNITY TO QUALIFY FOR THE POSITION OF LETTER CARRIER BUT YOU DID NOT PASS THE NECESSARY EXAMINATION. MOREOVER, THE POST OFFICE DEPARTMENT SAYS THAT YOU SIGNED A PETITION, TRANSMITTED TO THE DEPARTMENT BY LETTER DATED OCTOBER 12, 1953, IN WHICH YOU ADMITTED THAT YOU COULD NOT PASS THE EXAMINATION FOR LETTER CARRIER.

IN VIEW OF THE REPORT OF THE POST OFFICE DEPARTMENT, IT WOULD APPEAR THAT IF, AS YOU SAY, MESSRS, GATLING, BRONSON, AND HOLMES WERE TRANSFERRED FROM THE MAIL MESSENGER SERVICE TO THE POSITION OF REGULAR LETTER CARRIER IN 1947 WITHOUT PASSING AN EXAMINATION, THEN THEIR PROMOTIONS WERE ERRONEOUS, BUT, EVEN IF THOSE EMPLOYEES WERE PROMOTED ERRONEOUSLY, THAT WOULD PRESENT NO BASIS FOR MAKING AN ADJUSTMENT IN YOUR PAY. IN THAT REGARD WE MAY SAY THAT THE REPORT FURNISHED TO US BY THE POST OFFICE DEPARTMENT ON APRIL 9, 1958, DOES NOT SUPPORT YOUR CONTENTION THAT MESSRS. GATLING, BRONSON, AND HOLMES WERE TRANSFERRED FROM THE MAIL MESSENGER SERVICE TO THE POSITION OF REGULAR LETTER CARRIER WITHOUT PASSING AN EXAMINATION. THAT REPORT STATES, IN PERTINENT PART, THAT ALTHOUGH THE DEPARTMENT'S RECORDS FOR 1946 AND 1947 HAVE BEEN DESTROYED TO A CERTAIN EXTENT, NEVERTHELESS: "THE RECORDS OF THE WASHINGTON POST OFFICE SHOW THAT THE DEPARTMENT ADVISED THAT OFFICE UNDER DATE OF DECEMBER 6, 1946, THAT THE CIVIL SERVICE COMMISSION HAD BEEN REQUESTED TO CONDUCT A CLERK-CARRIER EXAMINATION FOR MESSRS. A. GATLING, S. BRONSON AND H. HOLMES. ON APRIL 14, 1947, THE DEPARTMENT ADVISED THE POSTMASTER THAT THESE EMPLOYEES SHOULD BE TRANSFERRED TO THE POSITION OF CITY LETTER CARRIER BECAUSE THEY HAD MET THE QUALIFICATIONS OF SUCH ACTION. WHILE THE LETTER FROM THE DEPARTMENT DID NOT STATE SPECIFICALLY THAT THESE MEN HAD ACTUALLY PASSED A CIVIL SERVICE EXAMINATION, IT IS ASSUMED THAT THEY DID IN ORDER TO ESTABLISH ELIGIBILITY FOR THEIR TRANSFER TO CARRIER AND SINCE THE CIVIL SERVICE COMMISSION HAD GONE ON RECORD THAT THEY DESIRED THE POST OFFICE MESSENGERS TO QUALIFY ON AN APPROPRIATE EXAMINATION BEFORE THEY WOULD APPROVE THE TRANSFER OF SUCH EMPLOYEES TO THE POSITION OF CITY LETTER CARRIERS.'

IT APPEARS THAT, PRIOR TO FEBRUARY 16, 1954, YOU WERE PROPERLY CLASSIFIED AS A MAIL MESSENGER. CERTAINLY YOU WERE NOT TRANSFERRED TO THE POSITION OF LETTER CARRIER UNTIL FEBRUARY 16, 1964, AND THERE IS NOT AUTHORITY TO PAY YOU THE SALARY OF A POSITION FOR A PERIOD DURING WHICH YOU DID NOT OCCUPY THAT POSITION. SEE 3 COMP. GEN. 844.