B-155383, OCT. 30, 1964

B-155383: Oct 30, 1964

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THE RECORD SHOWS THAT YOUR NORMAL CYCLE OF RUNNING SIX DAYS AND EIGHT DAYS OFF WAS SCHEDULED UNDER POST OFFICE DEPARTMENT REGULATIONS WHICH REQUIRE THAT A MOBILE UNIT CLERK PERFORM THE EQUIVALENT OF 252 DAYS SERVICE EACH YEAR. THE CYCLE OF THE CREW TO WHICH YOU WERE ASSIGNED IN THE NORMAL SIX DAYS ON AND EIGHT DAYS OFF SCHEDULE STARTED SERVICE ON DECEMBER 23 AND FINISHED DECEMBER 28. THEY WERE THEN SCHEDULED TO BE OFF DUTY UNTIL JANUARY 6. UNDER THIS SECTION REGULAR EMPLOYEES IN THE POSTAL TRANSPORTATION SERVICE AND MOTOR VEHICLE SERVICE ASSIGNED TO ROAD DUTY (NOW UNDER THE JURISDICTION OF APPROPRIATE POST OFFICES AS HEREINAFTER EXPLAINED) WHO ARE REQUIRED TO PERFORM WORK IN EXCESS OF THE SCHEDULED TIME OF THEIR REGULAR TOURS OF DUTY AS ESTABLISHED BY THE POSTMASTER GENERAL SHALL BE PAID AT THE RATE OF 150 PERCENTUM OF THEIR HOURLY BASIC COMPENSATION FOR OVERTIME WORK.

B-155383, OCT. 30, 1964

TO MR. SIDNEY KAPLAN:

THIS REFERS TO YOUR LETTER OF OCTOBER 1, 1964, IN EFFECT ASKING RECONSIDERATION OF OUR SETTLEMENT OF SEPTEMBER 17, 1964, WHICH DISALLOWED YOUR CLAIM FOR PREMIUM COMPENSATION FOR SERVICES PERFORMED ON CHRISTMAS DAY, DECEMBER 25, 1963, AS A DISTRIBUTION CLERK, REGULAR LEVEL 5, MOBILE UNITS, POST OFFICE, BOSTON, MASSACHUSETTS.

THE RECORD SHOWS THAT YOUR NORMAL CYCLE OF RUNNING SIX DAYS AND EIGHT DAYS OFF WAS SCHEDULED UNDER POST OFFICE DEPARTMENT REGULATIONS WHICH REQUIRE THAT A MOBILE UNIT CLERK PERFORM THE EQUIVALENT OF 252 DAYS SERVICE EACH YEAR, WHETHER SCHEDULED ON A HOLIDAY OR OVER EIGHT HOURS IN ANY SINGLE DAY. MOBILE CLERKS RECEIVE OVERTIME PAY FOR ALL SERVICE PERFORMED IN EXCESS OF 252 DAYS A YEAR.

THE CYCLE OF THE CREW TO WHICH YOU WERE ASSIGNED IN THE NORMAL SIX DAYS ON AND EIGHT DAYS OFF SCHEDULE STARTED SERVICE ON DECEMBER 23 AND FINISHED DECEMBER 28, 1963, AND THEY WERE THEN SCHEDULED TO BE OFF DUTY UNTIL JANUARY 6, 1964, THEIR NEXT SCHEDULED TOUR OF DUTY.

39 U.S.C. 3573 (2) (B) (3) CONTAINS THE AUTHORITY TO PAY PREMIUM COMPENSATION AT THE RATE OF 150 PERCENTUM OF HIS HOURLY BASIC RATE TO EMPLOYEES IN OR BELOW THE SALARY LEVEL OF PFS-7. HOWEVER, 39 U.S.C. 3775 (B) EXEMPTS EMPLOYEES IN THE POSTAL TRANSPORTATION SERVICE AND THE MOTOR VEHICLE SERVICE ASSIGNED TO ROAD DUTY FROM THE BENEFITS OF THE PREMIUM COMPENSATION PROVIDED FOR IN 39 U.S.C. 3573 (2) (B) (3). 39 U.S.C. 3581 (B) PRESCRIBES THE RULES WHICH RELATE TO OVERTIME COMPENSATION FOR EMPLOYEES IN THE POSTAL VEHICLE SERVICES. UNDER THIS SECTION REGULAR EMPLOYEES IN THE POSTAL TRANSPORTATION SERVICE AND MOTOR VEHICLE SERVICE ASSIGNED TO ROAD DUTY (NOW UNDER THE JURISDICTION OF APPROPRIATE POST OFFICES AS HEREINAFTER EXPLAINED) WHO ARE REQUIRED TO PERFORM WORK IN EXCESS OF THE SCHEDULED TIME OF THEIR REGULAR TOURS OF DUTY AS ESTABLISHED BY THE POSTMASTER GENERAL SHALL BE PAID AT THE RATE OF 150 PERCENTUM OF THEIR HOURLY BASIC COMPENSATION FOR OVERTIME WORK.

UNDER THE ABOVE-MENTIONED SECTION OF THE U.S.C. FOR YOU TO RECEIVE PREMIUM COMPENSATION FOR CHRISTMAS DAY THAT DAY WOULD HAVE TO BE OUTSIDE YOUR REGULAR TOUR OF DUTY. SINCE THE RECORD SHOWS THAT YOUR REGULAR TOUR OF DUTY AS ESTABLISHED BY THE POSTMASTER GENERAL INCLUDED CHRISTMAS DAY OF 1963 THERE IS NO AUTHORITY TO PAY YOU PREMIUM COMPENSATION FOR THAT DAY.

THEREFORE, THE PRIOR ACTION OF DISALLOWING YOUR CLAIM IS SUSTAINED.

IN YOUR LETTER OF OCTOBER 1, 1964, YOU REQUEST TO BE INFORMED WHETHER THE POSTAL TRANSPORTATION SERVICE IS A SEPARATE ORGANIZATION WITHIN THE POST OFFICE DEPARTMENT. WE HAVE INFORMALLY ASCERTAINED FROM THE DEPARTMENT THAT BY LETTER OF JULY 5, 1960, RL NO. 60-117, THE RESPONSIBILITY FOR THE OPERATION OF MOBILE UNITS WAS ASSIGNED TO THE APPROPRIATE POSTMASTER AND THE POSTAL TRANSPORTATION SERVICE CEASED TO EXIST AS A SEPARATE ENTITY. THE MOBILE UNITS ARE COMPOSED OF EMPLOYEES ASSIGNED TO ROAD DUTY AND EMPLOYEES ASSIGNED AT INSTALLATIONS JUST AS WAS THE CASE WHEN THE POSTAL TRANSPORTATION SERVICE OPERATED AS A SEPARATE ENTITY. THE PREMIUM PAY BENEFITS OF EMPLOYEES OF MOBILE UNITS WHO ARE ASSIGNED TO ROAD DUTY ARE NOT REGARDED AS BEING ANY DIFFERENT FROM THE PREMIUM PAY BENEFITS APPLICABLE TO EMPLOYEES OF THE FORMER POSTAL TRANSPORTATION SERVICE ..END