B-158946, JUN. 9, 1966

B-158946: Jun 9, 1966

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THE FACTS IN YOUR CASE WERE FULLY SET FORTH IN OUR SETTLEMENT OF MARCH 25. WOULD HAVE ON YOUR SUBSEQUENT PROMOTIONS AND SUBMIT THE FOLLOWING QUESTIONS: 1. DOES THE FACT YOU WERE REQUIRED TO EARN AND DID IN FACT EARN THE GRADE INCREASE ESTABLISH NOVEMBER 1 AS YOUR DUE DATE FOR THE EARNING OF THE ENSUING GRADE INCREASE PAID AS OF THE FOLLOWING JANUARY 1? 2. WHOSE ORIGINAL APPOINTMENT WAS TO A GRADE LOWER THAN GRADE 3 UNDER SUCH ACT OF JULY 6. SHALL BE PLACED IN GRADE 3 AS OF THE EFFECTIVE DATE OF THIS ACT OR AS OF THE DATE HE SHALL HAVE BEEN ON THE ROLL FOR AN AGGREGATE PERIOD OF ONE YEAR. WHICHEVER DATE IS THE LATER.'. UNDER SECTION 2 (C) QUOTED ABOVE ALL SUBSTITUTE AND TEMPORARY EMPLOYEES IN THE POSTAL FIELD SERVICE WHO ARE IN POSITIONS FOR WHICH AUTOMATIC GRADES ARE PROVIDED AND HAVE NOT ADVANCED TO GRADE 3.

B-158946, JUN. 9, 1966

TO MR. SAM POPPER:

THIS REFERS TO YOUR LETTER OF MARCH 28, 1966, REQUESTING RECONSIDERATION OF OUR OFFICE SETTLEMENT OF MARCH 25, 1966, WHICH DISALLOWED YOUR CLAIM FOR AN ADJUSTMENT OF PAY ALLEGED TO BE DUE YOU AS AN EMPLOYEE OF THE UNITED STATES POST OFFICE, NEW YORK, NEW YORK.

THE FACTS IN YOUR CASE WERE FULLY SET FORTH IN OUR SETTLEMENT OF MARCH 25, 1966, AND NEED NOT BE FULLY REPEATED HERE.

YOU REQUEST THAT WE RULE ON THE EFFECT THE PAY ACTION ON NOVEMBER 1, 1949, WOULD HAVE ON YOUR SUBSEQUENT PROMOTIONS AND SUBMIT THE FOLLOWING QUESTIONS:

1. DOES THE FACT YOU WERE REQUIRED TO EARN AND DID IN FACT EARN THE GRADE INCREASE ESTABLISH NOVEMBER 1 AS YOUR DUE DATE FOR THE EARNING OF THE ENSUING GRADE INCREASE PAID AS OF THE FOLLOWING JANUARY 1?

2. IF THE RULING SHOULD BE IN THE AFFIRMATIVE, THEN RULE ON ANY FURTHER APPLICABILITY UNDER SECTION 304 (A) OF PUB.L. 68?

THE POST OFFICE DEPARTMENT CHARTERED YOUR SERVICE AS FOLLOWS:

CHART

APPT. TEMP. SUB. CLERK 11- 1-48 $1.29 (1)

P.L. 428 11- 1-49 1.415 (3)

GRADE INC. 1- 1-51 1.465 (4)

P.L. 204 7- 1-51 1.715 (3) NEW GRADE*

GRADE INC. 1- 1-52 1.765 (4)

CONV. TO CAREER STATUS -

E.O. 10376 8-17-52 1.765 (4)

GRADE INC. 1- 1-53 1.815 (5)

GRADE INC. 1- 1-54 1.865 (6)

REASSIGNED REG. CLERK 6-16-54 $3770 (6)

GRADE INC. 1- 1-55 3870 (7)

6 PERCENT INC. P.L. 68 3- 1-55 4102 (7)

P.L. 68 12- 3-55 4160 PFS-4, STEP 5

SECTION 2 (C) OF PUB.L. 428, 63 STAT. 953, PROVIDED THAT:

"EACH SUBSTITUTE OR TEMPORARY EMPLOYEE IN THE POSTAL FIELD SERVICE ON THE DAY BEFORE THE DAY ON WHICH THIS ACT TAKES EFFECT, WHOSE ORIGINAL APPOINTMENT WAS TO A GRADE LOWER THAN GRADE 3 UNDER SUCH ACT OF JULY 6, 1945, AS AMENDED, AND WHO HAS NOT PROGRESSED TO GRADE 3, SHALL BE PLACED IN GRADE 3 AS OF THE EFFECTIVE DATE OF THIS ACT OR AS OF THE DATE HE SHALL HAVE BEEN ON THE ROLL FOR AN AGGREGATE PERIOD OF ONE YEAR, WHICHEVER DATE IS THE LATER.'

SECTION 4 OF THE ACT PROVIDED:

"THIS ACT SHALL TAKE EFFECT ON THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGINS AFTER THE DATE OF ITS ENACTMENT.'

UNDER SECTION 2 (C) QUOTED ABOVE ALL SUBSTITUTE AND TEMPORARY EMPLOYEES IN THE POSTAL FIELD SERVICE WHO ARE IN POSITIONS FOR WHICH AUTOMATIC GRADES ARE PROVIDED AND HAVE NOT ADVANCED TO GRADE 3, SHALL BE PLACED IN GRADE 3, THE EFFECTIVE DATE OF THE ACT OR ON THE DATE HE SHALL HAVE BEEN ON THE ROLLS ONE YEAR, WHICHEVER DATE IS THE LATER.

SINCE YOU WERE APPOINTED IN GRADE 1 AS A TEMPORARY SUBSTITUTE CLERK ON NOVEMBER 1, 1948, THE PROVISIONS OF SECTION 2 (C) OF PUBLIC LAW 428, APPLIED IN YOUR CASE AND YOU WERE PLACED IN GRADE 3 ON NOVEMBER 1, 1949. ALSO, ON THAT SAME DATE YOU COMPLETED ONE YEAR OF SERVICE IN GRADE 1. APPEARS TO BE YOUR CONTENTION THAT SINCE YOU HAD COMPLETED ENOUGH SERVICE IN GRADE 1 ON NOVEMBER 1, 1949, FOR ADVANCEMENT TO GRADE 2, EACH NOVEMBER 1 OF FOLLOWING YEARS SHOULD BE THE DUE DATE FOR THE EARNING OF ADDITIONAL GRADE INCREASES. IF PUB.L. 428 HAD NOT BEEN ENACTED YOU WOULD HAVE BEEN ENTITLED TO BE ADVANCED TO GRADE 2 AT THE BEGINNING OF THE NEXT QUARTER AFTER NOVEMBER 1, 1949, OR JANUARY 1, 1950. TO QUALIFY FOR ADVANCEMENT TO GRADE 3 YOU WOULD HAVE HAD TO SERVE IN GRADE 2 ONE YEAR FROM JANUARY 1, 1950, NOT NOVEMBER 1, 1949. LIKEWISE UNDER PUB.L. 428, WHEN YOU WERE ADVANCED TO GRADE 3 EFFECTIVE NOVEMBER 1, 1949, YOU WERE NOT ENTITLED TO BE ADVANCED TO GRADE 4 UNTIL THE BEGINNING OF THE QUARTER FOLLOWING COMPLETION OF ONE YEAR OF SERVICE IN GRADE 3. WHILE THE SERVICE IN GRADE 3 WAS COMPLETED ON NOVEMBER 1, 1950, YOU COULD NOT ACTUALLY BE PLACED IN GRADE 4 UNTIL JANUARY 1, 1951, THE BEGINNING OF THE NEXT QUARTER AND YOUR SERVICE IN THAT GRADE BEGAN TO RUN FROM THAT DATE, NOT NOVEMBER 1, 1950.

WE FIND NOTHING IN PUB.L. 428 OR THE LEGISLATIVE HISTORY WHICH WOULD INDICATE ANY DIFFERENT METHOD FOR DETERMINING THE ANNIVERSARY DATE FOR AUTOMATIC GRADE PROMOTION PURPOSES. THE PRACTICE OF CREDITING SERVICE IN A GRADE ONLY FROM THE TIME AN EMPLOYEE ACTUALLY IS PLACED IN A GRADE FOR PAY PURPOSES APPEARS TO ACCORD WITH THE PROVISIONS OF THE ACT OF JULY 6, 1945, PUB.L. 134, 59 STAT. 435, AS AMENDED, WHICH AUTHORIZED EMPLOYEES OF YOUR CLASS TO BE ADVANCED TO A HIGHER GRADE AT THE BEGINNING OF THE QUARTER FOLLOWING ONE YEAR'S SATISFACTORY SERVICE IN A GRADE. THEREFORE, IT APPEARS THAT THE ACTION OF THE POST OFFICE DEPARTMENT IN ADVANCING YOU TO GRADE 4 ON JANUARY 1, 1951, WAS PROPER.

YOUR FIRST QUESTION IS ANSWERED IN THE NEGATIVE, AND NO ANSWER TO YOUR SECOND QUESTION IS REQUIRED. THE ACTION TAKEN IN OUR SETTLEMENT OF MARCH 25, 1966, IS SUSTAINED.