B-145735, MAY 16, 1961

B-145735: May 16, 1961

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YOU SAY THAT YOUR POSITION WAS INCORRECTLY CLASSIFIED ON DECEMBER 3. 1955 AS PFS-1 AND THAT UPON DISCOVERY OF THE ERROR BY SUPERVISORY PERSONNEL IT WAS CORRECTLY CLASSIFIED ON FEBRUARY 27. A RETROACTIVE SALARY ADJUSTMENT WAS NOT AUTHORIZED BY OUR SETTLEMENT BECAUSE YOU HAD NOT MADE A TIMELY REQUEST FOR A REVIEW OF YOUR POSITION. YOU SAY THAT FROM THE INFORMATION YOU HAD IN 1955 THE CLASSIFICATION APPEARED TO BE CORRECT BUT THAT IN 1956 (DAY AND MONTH NOT SHOWN) YOU SPOKE TO YOUR SUPERVISOR AND WERE TOLD NOTHING COULD BE DONE. THE CLASSIFICATION OF THE POSTAL FIELD POSITIONS IN QUESTION WAS MADE PURSUANT TO THE POSTAL FIELD SERVICE COMPENSATION ACT OF 1955. IT PROVIDED THAT IN CASES IN WHICH WRITTEN APPEALS WERE RECEIVED BY THE REGIONAL OFFICE OR THE DEPARTMENT IN WASHINGTON PRIOR TO FEBRUARY 1.

B-145735, MAY 16, 1961

TO MR. ROY W. JACKSON:

YOUR LETTER OF APRIL 20, 1961, REQUESTS REVIEW OF OUR SETTLEMENT OF SEPTEMBER 8, 1960, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION INCIDENT TO YOUR SERVICE AS AN EMPLOYEE OF THE POSTAL FIELD SERVICE FOR THE PERIOD FROM DECEMBER 3, 1955, TO FEBRUARY 27, 1959.

YOU SAY THAT YOUR POSITION WAS INCORRECTLY CLASSIFIED ON DECEMBER 3, 1955 AS PFS-1 AND THAT UPON DISCOVERY OF THE ERROR BY SUPERVISORY PERSONNEL IT WAS CORRECTLY CLASSIFIED ON FEBRUARY 27, 1959, AS FIREMAN LABORER PFS-3. HOWEVER, A RETROACTIVE SALARY ADJUSTMENT WAS NOT AUTHORIZED BY OUR SETTLEMENT BECAUSE YOU HAD NOT MADE A TIMELY REQUEST FOR A REVIEW OF YOUR POSITION. YOU SAY THAT FROM THE INFORMATION YOU HAD IN 1955 THE CLASSIFICATION APPEARED TO BE CORRECT BUT THAT IN 1956 (DAY AND MONTH NOT SHOWN) YOU SPOKE TO YOUR SUPERVISOR AND WERE TOLD NOTHING COULD BE DONE.

THE CLASSIFICATION OF THE POSTAL FIELD POSITIONS IN QUESTION WAS MADE PURSUANT TO THE POSTAL FIELD SERVICE COMPENSATION ACT OF 1955, 68 STAT. 88. POSTAL BULLETIN DATED DECEMBER 6, 1955, LATER INCORPORATED IN THE POSTAL MANUAL, CONTAINED A DETAILED EXPLANATION OF THE PROCEDURE FOR REVIEW OF POSITION CLASSIFICATIONS UNDER THE ACT. IT PROVIDED THAT IN CASES IN WHICH WRITTEN APPEALS WERE RECEIVED BY THE REGIONAL OFFICE OR THE DEPARTMENT IN WASHINGTON PRIOR TO FEBRUARY 1, 1956, ANY RESULTING INCREASES IN COMPENSATION WOULD BE MADE RETROACTIVE TO DECEMBER 3, 1955. IT FOLLOWS THAT ADJUSTMENTS MADE PURSUANT TO REQUESTS RECEIVED AFTER FEBRUARY 1, 1956, WOULD NOT BE MADE RETROACTIVE BUT WOULD BE EFFECTIVE BEGINNING WITH THE FIRST PAY PERIOD FOLLOWING APPROVAL OF THE NEW GRADES OR CLASSIFICATIONS. 36 COMP. GEN. 747.

THE POSTAL BULLETIN WAS CLEAR AND UNAMBIGUOUS AS TO THE FORM, MANNER, AND TIME IN WHICH A REQUEST FOR REVIEW AS TO BE SUBMITTED. THE POST OFFICE DEPARTMENT REPORTS THAT IT RECEIVED NO SUCH REQUEST FROM YOU AND OTHER THAN YOUR STATEMENT THAT YOU SPOKE TO YOUR SUPERVISOR SOMETIME IN 1956 YOU DO NOT CONTEND OTHERWISE. UNDER THE CIRCUMSTANCES WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE SETTLEMENT OF SEPTEMBER 8, 1960.