B-152761, NOV. 8, 1963

B-152761: Nov 8, 1963

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NATIONAL ASSOCIATION OF LETTER CARRIERS: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 7. KUNKEL WAS SERVING AS A TEMPORARY RURAL CARRIER ON DECEMBER 24. ALTHOUGH HE WAS PAID HIS REGULAR DAY'S PAY TOGETHER WITH EQUIPMENT MAINTENANCE ALLOWANCE OF $7.20 FOR DECEMBER 24. KUNKEL WAS REAPPOINTED SUBSTITUTE LETTER CARRIER ON JANUARY 5. HAS NOT BEEN GRANTED THE COMPENSATORY TIME OFF UNDER THAT APPOINTMENT BECAUSE IT WAS EARNED UNDER A DIFFERENT APPOINTMENT AND BECAUSE SUBSTITUTE EMPLOYEES ARE NOT ENTITLED TO COMPENSATORY TIME OFF FOR WORK ON A HOLIDAY DESIGNATED AS SUCH BY THE PRESIDENT. YOU SAY THAT THE EMPLOYEE HERE INVOLVED APPLIED FOR HIS LEAVE THROUGH HIS POSTMASTER WHILE HE WAS A TEMPORARY RURAL CARRIER.

B-152761, NOV. 8, 1963

TO MR. J. STANLEY LEWIS, NATIONAL ASSOCIATION OF LETTER CARRIERS:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 7, 1963, WRITTEN ON BEHALF OF LOUIS A. KUNKEL, REQUESTING REVIEW OF OUR SETTLEMENT DATED AUGUST 13, 1963, WHICH DISALLOWED MR. KUNKEL'S CLAIM FOR ONE DAY'S PAY IN LIEU OF COMPENSATORY TIME OFF.

THE RECORD DISCLOSES THAT MR. KUNKEL WAS SERVING AS A TEMPORARY RURAL CARRIER ON DECEMBER 24, 1962, AND PERFORMED ONE DAY'S SERVICE ON THAT DATE AT AN ANNUAL RATE OF $4,997 PER YEAR.

THE PRESIDENT OF THE UNITED STATES AUTHORIZED FEDERAL EMPLOYEES TO BE EXCUSED FROM DUTY ON DECEMBER 24, 1962. SEE EXECUTIVE ORDER NO. 11064, DATED NOVEMBER 21, 1962. CONSEQUENTLY, MR. KUNKEL BECAME ENTITLED TO A DAY OFF, WITH PAY, WITHIN ONE YEAR THEREAFTER IN ACCORDANCE WITH 39 U.S.C. 3576. MR. KUNKEL'S APPOINTMENT AS A TEMPORARY RURAL CARRIER TERMINATED ON JANUARY 4, 1963. HE DID NOT RECEIVE THIS DAY OFF, WITH PAY, AS A TEMPORARY RURAL CARRIER, ALTHOUGH HE WAS PAID HIS REGULAR DAY'S PAY TOGETHER WITH EQUIPMENT MAINTENANCE ALLOWANCE OF $7.20 FOR DECEMBER 24, 1962.

THE RECORD FURTHER SHOWS THAT MR. KUNKEL WAS REAPPOINTED SUBSTITUTE LETTER CARRIER ON JANUARY 5, 1963, BUT HAS NOT BEEN GRANTED THE COMPENSATORY TIME OFF UNDER THAT APPOINTMENT BECAUSE IT WAS EARNED UNDER A DIFFERENT APPOINTMENT AND BECAUSE SUBSTITUTE EMPLOYEES ARE NOT ENTITLED TO COMPENSATORY TIME OFF FOR WORK ON A HOLIDAY DESIGNATED AS SUCH BY THE PRESIDENT.

YOU SAY THAT THE EMPLOYEE HERE INVOLVED APPLIED FOR HIS LEAVE THROUGH HIS POSTMASTER WHILE HE WAS A TEMPORARY RURAL CARRIER, AND THE POSTMASTER BEING UNFAMILIAR WITH PROCEDURES FOR HANDLING SUCH MATTERS REFERRED THE PROBLEM TO THE MINNEAPOLIS REGIONAL OFFICE WHICH DENIED MR. KUNKEL'S REQUEST INASMUCH AS HE WAS SERVING IN A TEMPORARY CAPACITY. YOU FURTHER SAY THAT AT A SUBSEQUENT DATE A NOTICE APPEARED IN THE POSTAL BULLETIN STATING THAT TEMPORARY RURAL CARRIERS WERE COVERED UNDER THE EXECUTIVE ORDER AND IN VIEW THEREOF MR. KUNKEL (WHOSE TEMPORARY APPOINTMENT APPARENTLY HAD BEEN TERMINATED) AGAIN REQUESTED THE POSTMASTER TO CONTACT THE REGIONAL OFFICE; ALSO, THAT IN REPLY THERETO THE REGIONAL OFFICE STATED THAT SINCE THE DAY OFF, WITH PAY, WAS NOT TAKEN BEFORE THE TERMINATION OF HIS APPOINTMENT AS A TEMPORARY RURAL CARRIER, AND SUBSTITUTE LETTER CARRIERS MAY NOT BE GRANTED COMPENSATORY TIME OFF, THE REQUEST WAS NOT TIMELY AND THEREFORE COULD NOT BE GRANTED.

THE STATUTE IN QUESTION MAKES NO PROVISION FOR AN AWARD OF PAY IN LIEU OF COMPENSATORY TIME OFF WHERE AN EMPLOYEE HAS NOT BEEN GRANTED THE TIME OFF BECAUSE OF ADMINISTRATIVE ERROR, SEPARATION FROM THE SERVICE, OR OTHERWISE.

ACCORDINGLY, IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY THEREFOR, THIS OFFICE MAY NOT AUTHORIZE PAYMENT TO MR. KUNKEL AND THE SETTLEMENT OF AUGUST 13, 1963, MUST BE, AND IS, SUSTAINED.