B-142866, JUN. 28, 1960

B-142866, JUN. 28, 1960

TO MR. LEROY P. AFDEM, AUTHORIZED CERTIFYING OFFICER, BUREAU OF FINANCE:

YOUR LETTER OF MAY 6, 1960, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE ENCLOSED PAYROLL VOUCHER FOR $16 IN FAVOR OF MR. ERNEST L. VANOUS, A CAREER SUBSTITUTE CARRIER, PFS-4, STEP 1, REPRESENTING SALARY FOR 8 HOURS AT THE RATE OF $2 PER HOUR, WHICH WAS ADMINISTRATIVELY DENIED HIM AS DESCRIBED BELOW.

MR. VANOUS WORKED ON THURSDAY, MARCH 5, 1959, AND WAS SCHEDULED TO WORK ON FRIDAY, MARCH 6, 1959, BUT WAS UNABLE TO REPORT FOR WORK ON MARCH 6 BECAUSE OF A HEAVY SNOW. THE LOCAL TIMEKEEPER HAD RECORDED THE 8 HOURS ABSENCE ON MARCH 6 AS "OTHER LEAVE.' PRIOR TO PAYMENT FOR THE PERIOD, HOWEVER, SUCH LEAVE ENTRY WAS CANCELED AND PAYMENT WAS NOT MADE FOR MARCH 6.

SUCH ACTION, YOU SAY, WAS BASED UPON A STATEMENT APPEARING IN 20 COMP. GEN. 133, WHICH WAS MADE IN ARRIVING AT OUR DECISION CONCERNING JURY DUTY OF SUBSTITUTES AND OTHER TEMPORARY EMPLOYEES IN THE POSTAL SERVICE. SUCH STATEMENT AND THE DECISION THERE CONCERNED STATUTORY PROVISIONS WHICH ARE NOT INVOLVED HERE; HENCE, THEY HAVE NO APPLICATION IN THIS CASE.

PURSUANT TO EXECUTIVE ORDER NO. 10552 OF AUGUST 10, 1954, THE CIVIL SERVICE COMMISSION ISSUED REGULATIONS (F.P.M. L-1-35 TO 36.01, 5 C.F.R. 30.901 TO 906), TO PROVIDE UNIFORM AND EQUITABLE STANDARDS UNDER WHICH REGULAR EMPLOYEES COMPENSATED AT PER DIEM, PER HOUR, OR PIECE-WORK RATES MAY BE RELIEVED FROM DUTY WITH PAY BY ADMINISTRATIVE ORDER. SECTION 30.903 (B) OF SUCH REGULATIONS PROVIDES AS FOLLOWS:

" "REGULAR EMPLOYEES" MEANS THOSE EMPLOYEES COMPENSATED AT PER DIEM, PER HOUR, OR PIECE WORK RATES WHO HAVE A REGULAR TOUR OF DUTY, AND WHOSE APPOINTMENTS ARE NOT LIMITED TO 90 DAYS OR LESS OR WHO HAVE BEEN EMPLOYED FOR A CONTINUOUS PERIOD OF 90 DAYS UNDER ONE OR MORE APPOINTMENTS WITHOUT A BREAK IN SERVICE.'

SECTION 30.906 OF THE REGULATIONS AUTHORIZES DEPARTMENTS AND AGENCIES TO ISSUE SUPPLEMENTAL REGULATIONS NOT INCONSISTENT WITH THE ABOVE-CITED REGULATIONS OF THE COMMISSION. THE POSTAL MANUAL, PART 721 "LEAVE," PROVIDES IN SUBSECTION 721.12 THAT SUCH ADMINISTRATIVE LEAVE REGULATIONS APPLY TO ALL EMPLOYEES OF THE POSTAL SERVICE EXCEPT SUBSTITUTE RURAL CARRIERS AND OTHER PERSONS EMPLOYED ON A CONTRACT OR FEE BASIS.

SECTION 721.9 "ADMINISTRATIVE ORDERS RELIEVING EMPLOYEES FROM DUTY" PROVIDES IN SUBSECTION 721.921, IN PART, AS FOLLOWS:

"EMPLOYEES WHO ARE SCHEDULED TO REPORT AND ARE PREVENTED FROM REPORTING BY AN "ACT OF GOD" AND EMPLOYEES WHO REPORT AND ARE PREVENTED FROM WORKING BY SUCH AN ACT WILL BE GRANTED ADMINISTRATIVE LEAVE, WITHOUT CHARGE TO ANNUAL LEAVE OR LOSS OF PAY, FOR THE TIME INVOLVED BUT NOT TO EXCEED ONE DAY. * * * POSTMASTERS AND OTHER APPROPRIATE LOCAL POSTAL OFFICIALS ARE RESPONSIBLE FOR DETERMINING WHETHER ABSENCES FROM DUTY ALLEGEDLY DUE TO "ACTS OF GOD" WERE AS A MATTER OF FACT DUE TO SUCH CAUSE OR WHETHER THE EMPLOYEE OR EMPLOYEES IN QUESTION MIGHT WITH REASONABLE DILIGENCE HAVE REPORTED FOR DUTY. IN CASE THE LOCAL POSTAL OFFICIAL IS IN DOUBT HE MAY REFER THE QUESTION, TOGETHER WITH ALL AVAILABLE AND PERTINENT FACTS, TO THE REGIONAL OPERATIONS DIRECTOR FOR DECISION. ACTS OF GOD INVOLVE COMMUNITY DISASTERS SUCH AS FIRE, FLOOD, OR STORMS. THE SITUATION MUST BE GENERAL RATHER THAN PERSONAL IN SCOPE AND MUST PREVENT GROUPS OF EMPLOYEES FROM WORKING OR REPORTING TO WORK.'

THE QUESTION PRESENTED ESSENTIALLY IS WHETHER THE CAREER SUBSTITUTE CARRIER, MR. VANOUS--- APPARENTLY IN CITY OR VILLAGE DELIVERY SERVICE-- SHOULD BE PAID THE SAME AS REGULAR CARRIERS WHO ALSO WERE SCHEDULED TO WORK AND WERE PAID FOR THE DAY, MARCH 6, WITHOUT CHARGE TO THEIR LEAVE IN ACCORDANCE WITH SUBSECTION 721.921 OF THE POSTAL MANUAL. YOU SAY THAT AS A CAREER SUBSTITUTE MR. VANOUS' APPOINTMENT WAS NOT LIMITED TO 90 DAYS OR LESS, AND THAT ALTHOUGH HE DID NOT HAVE A ,REGULAR TOUR OF DUTY" THE ATTACHED TIME CARDS SHOW HE WORKED FULL TIME AND WAS PAID FOR THE FIVE FRIDAYS PRIOR TO MARCH 6, 1959. HOWEVER, AS STATED IN OUR DECISION OF MARCH 11, 1925, R-7970, 4 COMP. GEN. 748, THE AUTHORITY TO EMPLOY A SUBSTITUTE CARRIER OR TEMPORARY CARRIER IS THE ABSENCE OF THE REGULAR CARRIER.

SINCE MR. VANOUS WORKED FULL TIME FOR THE WEEK IN WHICH MARCH 6, 1959, OCCURRED, WHICH TOUR OF DUTY APPARENTLY WAS SCHEDULED IN ADVANCE, WE HAVE NO OBJECTION TO SUCH EMPLOYEE BEING REGARDED AS HAVING HAD "A REGULAR TOUR OF DUTY" WITHIN THE MEANING OF SECTION 30.903 (B) OF THE CIVIL SERVICE REGULATIONS. THE VOUCHER IS RETURNED HEREWITH AND UNDER THE CIRCUMSTANCES RELATED HEREIN MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.