B-19955, AUGUST 30, 1941, 21 COMP. GEN. 189

B-19955: Aug 30, 1941

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THE SALARIES OF WHICH WERE FIRST SPECIFICALLY FIXED AT DEFINITE RATES IN THE POSTAL SERVICE RECLASSIFICATION ACT OF 1925 AND NOW ARE ADMINISTRATIVELY FIXED UNDER A LUMP-SUM APPROPRIATION AT DEFINITE RATES IN LINE WITH THE 1925 STATUTE. ARE IN THE POSTAL SERVICE. ARE EXCLUDED FROM THE CLASSIFICATION ACT OF 1923. PROVIDING A UNIFORM WITHIN-GRADE SALARY-ADVANCEMENT PLAN FOR EMPLOYEES WHOSE SALARY RATES ARE FIXED UNDER THE CLASSIFICATION ACT OF 1923. 1941: I HAVE YOUR LETTER OF AUGUST 22. AS FOLLOWS: CERTAIN EMPLOYEES OF THE FIELD SERVICE OF THIS DEPARTMENT ARE PAID FROM THE APPROPRIATION " POST OFFICE STATIONERY. YOUR DECISION IS REQUESTED AS TO WHETHER THESE EMPLOYEES COME WITHIN THE PROVISIONS OF THE RAMSPECK ACT ( PUBLIC.

B-19955, AUGUST 30, 1941, 21 COMP. GEN. 189

COMPENSATION - WITHIN-GRADE PROMOTIONS - POSTAL SERVICE POSITIONS POSITIONS APPROPRIATED FOR IN THE APPROPRIATION ITEM " POST OFFICE STATIONERY, EQUIPMENT, AND SUPPLIES," ACT OF MAY 31, 1941, THE SALARIES OF WHICH WERE FIRST SPECIFICALLY FIXED AT DEFINITE RATES IN THE POSTAL SERVICE RECLASSIFICATION ACT OF 1925 AND NOW ARE ADMINISTRATIVELY FIXED UNDER A LUMP-SUM APPROPRIATION AT DEFINITE RATES IN LINE WITH THE 1925 STATUTE, ARE IN THE POSTAL SERVICE, AND, ACCORDINGLY, ARE EXCLUDED FROM THE CLASSIFICATION ACT OF 1923, SO THAT THE SALARIES OF SAID POSITIONS MAY NOT BE ADJUSTED UNDER THE ACT OF AUGUST 1, 1941, PROVIDING A UNIFORM WITHIN-GRADE SALARY-ADVANCEMENT PLAN FOR EMPLOYEES WHOSE SALARY RATES ARE FIXED UNDER THE CLASSIFICATION ACT OF 1923.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE POSTMASTER GENERAL, AUGUST 30, 1941:

I HAVE YOUR LETTER OF AUGUST 22, 1941, AS FOLLOWS:

CERTAIN EMPLOYEES OF THE FIELD SERVICE OF THIS DEPARTMENT ARE PAID FROM THE APPROPRIATION " POST OFFICE STATIONERY, EQUIPMENT AND SUPPLIES," THEIR SALARIES HAVING BEEN FIXED BY SECTION 9 OF THE ACT OF FEBRUARY 28, 1925 (43 STAT. 1064). YOUR DECISION IS REQUESTED AS TO WHETHER THESE EMPLOYEES COME WITHIN THE PROVISIONS OF THE RAMSPECK ACT ( PUBLIC, NO. 200, 77TH CONG.).

SECTION 9 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1064, CITED IN YOUR LETTER, PROVIDES:

THAT THE SALARY OF REQUISITION FILLERS AND PACKERS IN THE DIVISION OF EQUIPMENT AND SUPPLIES SHALL BE AS FOLLOWS: ONE FOREMAN, $2,100 PER ANNUM; TEN REQUISITION FILLERS AND NINE PACKERS AT $1,800 EACH PER ANNUM.

IN ANNUAL APPROPRIATION ACTS FOR THE POST OFFICE DEPARTMENT ENACTED SUBSEQUENT TO THE QUOTED STATUTE ADDITIONAL POSITIONS AT SPECIFIED SALARY RATES HAVE BEEN AUTHORIZED. THE LAST APPROPRIATION ACT SO PROVIDING FOR PAYMENT OF SPECIFIED POSITIONS OF THE CLASS HERE INVOLVED WAS THE ACT OF JANUARY 26, 1927, 44 STAT. 1051, READING, IN PERTINENT PART, AS FOLLOWS:

FOR EXPENSES INCIDENT TO THE SHIPMENT OF SUPPLIES, INCLUDING HARDWARE, BOXING, PACKING, AND THE PAY OF EMPLOYEES IN CONNECTION THEREWITH IN THE DISTRICT OF COLUMBIA AT THE FOLLOWING ANNUAL ATES: STOREKEEPER, $2,650; FOREMAN, $2,100; REQUISITION FILLERS--- TEN AT $1,800 EACH, ONE AT $1,600, TWO AT $1,200 EACH; PACKERS--- NINE AT $1,800 EACH, ONE AT $1,600, TWO AT $1,200 EACH; AND TWO CHAUFFEURS, AT $1,400 EACH; IN ALL, $67,750. SINCE THAT TIME THE APPROPRIATION ACTS HAVE NOT SPECIFIED THE RATES, BUT, INSTEAD, HAVE PROVIDED A LUMP-SUM FOR PAYMENT OF PERSONNEL OF THE CLASS IN QUESTION.

THE APPROPRIATION ITEM," POST OFFICE STATIONERY, EQUIPMENT, AND SUPPLIES," UNDER THE HEADING," OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL," ACT APPROVED MAY 31, 1941, PUBLIC LAW 88, 55 STAT. 212, PROVIDES, AMONG OTHER THINGS,"FOR EXPENSES INCIDENT TO THE SHIPMENT OF SUPPLIES, INCLUDING HARDWARE, BOXING, PACKING, AND NOT EXCEEDING $62,300 FOR THE PAY OF EMPLOYEES IN CONNECTION THEREWITH IN THE DISTRICT OF COLUMBIA.' SEE THE BUDGET, 1942, PAGE 896. IT IS UNDERSTOOD THAT THE INVOLVED EMPLOYEES ARE IN THE FIELD SERVICE WITH PLACE OF DUTY, WASHINGTON, D.C.--- IT BEING PERTINENT TO NOTE IN THAT CONNECTION THAT THE APPROPRIATION FOR THE " OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL," UNDER WHICH THE MENTIONED APPROPRIATION ITEM APPEARS, IS INCLUDED UNDER THE GENERAL HEADING: " FIELD SERVICE, POST OFFICE DEPARTMENT.'

THE ACT OF AUGUST 1, 1941, PUBLIC LAW 200, 55 STAT. 613, AMENDS SECTION 7 OF THE ORIGINAL CLASSIFICATION ACT OF 1923, TO PROVIDE A UNIFORM WITHIN- GRADE SALARY-ADVANCEMENT PLAN FOR EMPLOYEES WHOSE SALARY RATES ARE REQUIRED TO BE FIXED ADMINISTRATIVELY AT ONE OF THE RATES WITHIN THE SALARY RANGES PRESCRIBED BY SECTION 13 OF THE ACT BASED ON THE ALLOCATION OF THE POSITIONS.

SECTION 2 OF THE ORIGINAL CLASSIFICATION ACT, 42 STAT. 1488, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

THE TERM "POSITION" MEANS A SPECIFIC CIVILIAN OFFICE OR EMPLOYMENT, WHETHER OCCUPIED OR VACANT, IN A DEPARTMENT OTHER THAN THE FOLLOWING: OFFICES OR EMPLOYMENTS IN THE POSTAL SERVICE; * * *

AS HEREINBEFORE INDICATED, THE SALARIES OF THE POSITIONS MENTIONED IN YOUR LETTER WERE FIRST SPECIFICALLY FIXED AT DEFINITE RATES IN THE POSTAL SERVICE RECLASSIFICATION ACT OF FEBRUARY 28, 1925, AND WERE LATER CARRIED AT FIXED RATES IN THE ANNUAL POSTAL SERVICE APPROPRIATION ACTS UP TO AND INCLUDING THE ACT OF JANUARY 26, 1927, SUPRA. THEREAFTER, THEY WERE ADMINISTRATIVELY FIXED UNDER A LUMP-SUM POSTAL SERVICE APPROPRIATION AT DEFINITE RATES CORRESPONDING WITH RATES STATED IN THE ESTIMATES ON THE BASIS OF WHICH THE LUMP-SUM APPROPRIATIONS WERE PROVIDED--- THE RATES SO ADMINISTRATIVELY FIXED APPEARING IN LINE WITH THE 1925 STATUTE, AND CERTAIN SUBSEQUENT APPROPRIATION ACTS. IN THE LIGHT OF THE STATUTES ABOVE REFERRED TO, RELATING TO THE POSTAL SERVICE, I AM CONSTRAINED TO HOLD THAT THE POSITIONS HERE INVOLVED ARE IN THE POSTAL SERVICE AND, ACCORDINGLY, ARE EXCLUDED FROM THE CLASSIFICATION ACT, AND THAT THE SALARIES FIXED FOR THE EMPLOYEES SO OCCUPYING SAID POSITIONS MAY NOT BE ADJUSTED BY ADMINISTRATIVE ACTION PURSUANT TO THE ACT OF AUGUST 1, 1941, SUPRA. IN OTHER WORDS, THE QUESTION PRESENTED IS ANSWERED IN THE NEGATIVE.