B-150244, JUN. 18, 1963

B-150244: Jun 18, 1963

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AS YOU SAY YOU HAVE A COPY OF THAT LETTER. THE RECORD SHOWS THAT YOU WERE APPOINTED IN GRADE 1 ON SEPTEMBER 13. THAT GRADE AND RATE WERE CONVERTED TO PFS-4. UNDER THE LAW AND REGULATIONS YOU RETAINED THE RATE OF $2.63 PER HOUR WHICH IS THE "SAVED RATE" EQUIVALENT OF $5. WAS CONVERTED UNDER SUBSECTION 711 (A) (1) OF THAT LAW TO $2.71. YOU WERE NOT ENTITLED TO AN ADDITIONAL STEP UNDER SUBSECTION 711 (A) (3) AS YOU HAD NOT SERVED 52 CALENDAR WEEKS IN YOUR PFS-5 POSITION ON OR BEFORE OCTOBER 13. YOUR VIEWS REGARDING EMPLOYEES WHOSE YEARS OF POSTAL SERVICE ARE LESS THAN YOURS. WE ARE NOT AWARE OF ANY PROVISION OF LAW. WE MUST ADVISE YOU THAT WE FIND NO BASIS WHEREBY WE COULD HOLD THAT YOU ARE ENTITLED TO A HIGHER RATE THAN THAT TO WHICH YOUR PAY WAS ADJUSTED ON OCTOBER 13.

B-150244, JUN. 18, 1963

TO MR. LAWRENCE A. DOUGHERTY:

YOUR LETTER OF MAY 6, 1963, REQUESTS THAT WE RECONSIDER THE MATTER COVERED IN OUR LETTER OF APRIL 18, 1963, TO MR. DAVID SILVERGLEID, SECRETARY-TREASURER, NATIONAL POSTAL UNION, CONCERNING THE APPLICATION OF THE PROVISIONS OF PUB.L. 87-793 IN YOUR CASE, AND IN THE CASES OF CERTAIN OTHER EMPLOYEES, SERVING IN SUBSTITUTE POSITIONS (PFS-5) IN MOBILE UNITS OF THE POSTAL TRANSPORTATION SERVICE.

YOUR LETTER DOES NOT PRESENT US WITH A BASIS TO REVIEW AGAIN ALL OF THE MATTERS DISCUSSED IN OUR LETTER OF APRIL 18, 1963. ALSO, AS YOU SAY YOU HAVE A COPY OF THAT LETTER, IT WOULD SERVE NO USEFUL PURPOSE HERE TO REPEAT THE EXPLANATION WHICH WE GAVE TO MR. SILVERGLEID.

THE RECORD SHOWS THAT YOU WERE APPOINTED IN GRADE 1 ON SEPTEMBER 13, 1951, AND THROUGH ANNUAL PROMOTIONS EACH YEAR REACHED GRADE 5 ON OCTOBER 1, 1955 ($4,102 PER ANNUM). THAT GRADE AND RATE WERE CONVERTED TO PFS-4, STEP 5 ($4,160 PER ANNUM) ON DECEMBER 3, 1955. THEREAFTER, BY STEP- INCREASES YOU ATTAINED $5,305 PER ANNUM IN PFS-4, STEP 7, THE TOP STEP OF THAT LEVEL AT THAT TIME. ON SEPTEMBER 29, 1962, YOU ACCEPTED TRANSFER TO THE POSITION OF SUBSTITUTE DISTRIBUTION CLERK, PFS-5, STEP 4. UNDER THE LAW AND REGULATIONS YOU RETAINED THE RATE OF $2.63 PER HOUR WHICH IS THE "SAVED RATE" EQUIVALENT OF $5,305. THAT HOURLY RATE ON OCTOBER 13, 1962, THE EFFECTIVE DATE OF PUB.L. 87-793, WAS CONVERTED UNDER SUBSECTION 711 (A) (1) OF THAT LAW TO $2.71. YOU WERE NOT ENTITLED TO AN ADDITIONAL STEP UNDER SUBSECTION 711 (A) (3) AS YOU HAD NOT SERVED 52 CALENDAR WEEKS IN YOUR PFS-5 POSITION ON OR BEFORE OCTOBER 13, 1962.

WE NOTE YOUR STATEMENTS CONCERNING LACK OF OPPORTUNITY TO ACCEPT OR TO SEEK OTHER MORE REMUNERATIVE POSITIONS, AND YOUR VIEWS REGARDING EMPLOYEES WHOSE YEARS OF POSTAL SERVICE ARE LESS THAN YOURS. HOWEVER, WE ARE NOT AWARE OF ANY PROVISION OF LAW--- PARTICULARLY IN PUB.L. 87 793 AND ITS LEGISLATIVE HISTORY--- WHICH WOULD TAKE INTO ACCOUNT THE FACTORS AND CIRCUMSTANCES YOU MENTION.

ACCORDINGLY, BASED UPON THE PRESENT RECORD, WE MUST ADVISE YOU THAT WE FIND NO BASIS WHEREBY WE COULD HOLD THAT YOU ARE ENTITLED TO A HIGHER RATE THAN THAT TO WHICH YOUR PAY WAS ADJUSTED ON OCTOBER 13, 1962.