B-150930, MAR. 15, 1963

B-150930: Mar 15, 1963

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HENRY WAS APPOINTED CAREER SUBSTITUTE CLERK. WAS APPOINTED TEMPORARY INDEFINITE SUBSTITUTE CLERK. HENRY FEELS THAT HE SHOULD HAVE BEEN APPOINTED IN THE ROCKVILLE. HENRY'S APPOINTMENTS WAS A TEMPORARY LIMITED APPOINTMENT. THE LINE OF WORK WAS UNCHANGED. IT HAS BEEN SUGGESTED THAT ESSENTIALLY THE SECOND PERSONNEL ACTION WAS A REASSIGNMENT WITHOUT A BREAK IN SERVICE AND SHOULD BE SO TREATED.'. ALTHOUGH SUCH CHANGE WAS ACCOMPLISHED BY RESIGNATION AND APPOINTMENT RATHER THAN . " THERE WAS NOT INVOLVED ANY CHANGE IN THE DUTIES BEING PERFORMED BY MR. HENRY WAS NOT ENTITLED TO BE ADVANCED FROM PFS-4. WHICH IS RETURNED HEREWITH.

B-150930, MAR. 15, 1963

TO MR. LEROY P. AFDEM:

ON FEBRUARY 27, 1963, REFERENCE AIR:LPA, YOU REQUESTED OUR DECISION WHETHER A VOUCHER IN FAVOR OF MR. J. W. HENRY FOR THE DIFFERENCE IN COMPENSATION BETWEEN PFS-4, STEP 1, $2.26 PER HOUR AND PFS-4, STEP 2, $2.34 PER HOUR, FOR THE PERIOD OCTOBER 13, 1962, TO DECEMBER 7, 1962, MAYBE CERTIFIED FOR PAYMENT.

YOU INFORM US THAT MR. HENRY WAS APPOINTED CAREER SUBSTITUTE CLERK, PFS- 4, STEP 1, $2.16 PER HOUR, ON AUGUST 18, 1962, IN THE WASHINGTON, D.C. POST OFFICE. HE RESIGNED ON OCTOBER 12, 1962, AND WAS APPOINTED TEMPORARY INDEFINITE SUBSTITUTE CLERK, PFS-4, STEP 1, $2.26 PER HOUR ON OCTOBER 13, 1962, IN THE ROCKVILLE, MARYLAND, POST OFFICE.

YOU ALSO SAY THAT:

"MR. HENRY FEELS THAT HE SHOULD HAVE BEEN APPOINTED IN THE ROCKVILLE, MARYLAND POST OFFICE AT PFS-4, STEP-2, $2.34 PER HOUR UNDER THE PROVISIONS OF SEC. 711 (A) (1) OF PUBLIC LAW 87-793 WHICH PROVIDES THAT THE BASIC COMPENSATION OF AN EMPLOYEE IN PFS-4, STEP-1 ON THE EFFECTIVE DATE SHALL BE ADVANCED TO PFS-4, STEP-2.

"NEITHER OF MR. HENRY'S APPOINTMENTS WAS A TEMPORARY LIMITED APPOINTMENT. THE LINE OF WORK WAS UNCHANGED. IT HAS BEEN SUGGESTED THAT ESSENTIALLY THE SECOND PERSONNEL ACTION WAS A REASSIGNMENT WITHOUT A BREAK IN SERVICE AND SHOULD BE SO TREATED.'

THE PROVISIONS OF SECTION 711 (A) (1) OF PUBLIC LAW 87-793, BECAME EFFECTIVE ON OCTOBER 13, 1962, THE SAME DATE AS THE CHANGE IN THE LOCATION OF HIS EMPLOYMENT WITH THE POST OFFICE DEPARTMENT. ALTHOUGH SUCH CHANGE WAS ACCOMPLISHED BY RESIGNATION AND APPOINTMENT RATHER THAN ,REASSIGNMENT," THERE WAS NOT INVOLVED ANY CHANGE IN THE DUTIES BEING PERFORMED BY MR. HENRY OR ANY BREAK IN SERVICE. CONSEQUENTLY, WE PERCEIVE NO REASON WHY MR. HENRY WAS NOT ENTITLED TO BE ADVANCED FROM PFS-4, STEP 1, TO PFS-4, STEP 2, UNDER THE PROVISIONS OF SECTION 711 (A) (1) OF THE POSTAL EMPLOYEES SALARY ADJUSTMENT ACT OF 1962, PUBLIC LAW 87-793, 76 STAT. 855.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.