B-28595, SEPTEMBER 10, 1942, 22 COMP. GEN. 219

B-28595: Sep 10, 1942

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TRANSPORTATION - HOUSEHOLD EFFECTS - TRANSFERS TO FILL VACANCIES OF INDEFINITE DURATION WHERE AN EMPLOYEE IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER WITHIN THE SAME DEPARTMENT OR AGENCY TO FILL A VACANCY PENDING THE RETURN OF ANOTHER EMPLOYEE FROM THE MILITARY SERVICE OR FROM SERVICE IN ANOTHER FEDERAL AGENCY TO WHICH TRANSFERRED FOR NATIONAL DEFENSE WORK PURSUANT TO EXECUTIVE ORDER NO. 8973. IS REGARDED AS HAVING BEEN "TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY" WITHIN THE MEANING OF THE ACT OF OCTOBER 10. 1942: I HAVE YOUR LETTER OF AUGUST 31. AS FOLLOWS: THE COMMISSION IS FACED WITH THE NECESSITY OF TRANSFERRING EMPLOYEES FROM ONE OFFICIAL STATION TO ANOTHER TO FILL VACANCIES CAUSED BY THE INDUCTION OF CERTAIN PERSONNEL INTO THE MILITARY SERVICE.

B-28595, SEPTEMBER 10, 1942, 22 COMP. GEN. 219

TRANSPORTATION - HOUSEHOLD EFFECTS - TRANSFERS TO FILL VACANCIES OF INDEFINITE DURATION WHERE AN EMPLOYEE IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER WITHIN THE SAME DEPARTMENT OR AGENCY TO FILL A VACANCY PENDING THE RETURN OF ANOTHER EMPLOYEE FROM THE MILITARY SERVICE OR FROM SERVICE IN ANOTHER FEDERAL AGENCY TO WHICH TRANSFERRED FOR NATIONAL DEFENSE WORK PURSUANT TO EXECUTIVE ORDER NO. 8973, IS REGARDED AS HAVING BEEN "TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY" WITHIN THE MEANING OF THE ACT OF OCTOBER 10, 1940, AND THE PRESIDENT'S REGULATIONS THEREUNDER, WITH RESPECT TO PAYMENT OF THE EXPENSES OF TRANSPORTING THE HOUSEHOLD EFFECTS OF AN EMPLOYEE UPON CHANGE OF OFFICIAL STATION.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, INTERSTATE COMMERCE COMMISSION, SEPTEMBER 10, 1942:

I HAVE YOUR LETTER OF AUGUST 31, 1942, AS FOLLOWS:

THE COMMISSION IS FACED WITH THE NECESSITY OF TRANSFERRING EMPLOYEES FROM ONE OFFICIAL STATION TO ANOTHER TO FILL VACANCIES CAUSED BY THE INDUCTION OF CERTAIN PERSONNEL INTO THE MILITARY SERVICE, AND TO FILL VACANCIES RESULTING FROM TRANSFERS OF EMPLOYEES TO OTHER DEPARTMENTS HAVING HIGHER PRIORITY RATING.

THE ACT OF OCTOBER 10, 1940, PUBLIC NO. 839, 76TH CONGRESS, PROVIDES FOR UNIFORMITY OF ALLOWANCES FOR THE TRANSPORTATION OF HOUSEHOLD GOODS OF CIVILIAN OFFICERS AND EMPLOYEES WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY.

THE " SELECTIVE TRAINING AND SERVICE ACT OF 1940," PUBLIC 783, 76TH CONGRESS, SEC. 8 (A) PROVIDES THAT PERSONS ENTERING MILITARY SERVICE AND LEAVING A POSITION--- "IF SUCH PERSON WAS IN THE EMPLOY OF THE UNITED STATES GOVERNMENT, * * *, SUCH PERSON SHALL BE RESTORED TO SUCH POSITION OR TO A POSITION OF LIKE SENIORITY, STATUS, AND PAY.'

EXECUTIVE ORDER NO. 8973 OF DECEMBER 12, 1941, ENTITLED " TRANSFER OF EMPLOYEES POSSESSING QUALIFICATIONS FOR NATIONAL-DEFENSE WORK" PROVIDES IN PART---

"ANY PERSON, EXCEPT ONE HOLDING A TEMPORARY POSITION, TRANSFERRED UNDER THIS ORDER WHOSE SERVICES ARE SUBSEQUENTLY TERMINATED WITHOUT PREJUDICE SHALL BE ENTITLED TO REEMPLOYMENT BENEFITS AS STATED BELOW PROVIDED THAT HE IS STILL QUALIFIED TO PERFORM THE DUTIES OF HIS POSITION AND THAT HE MAKES APPLICATION FOR REINSTATEMENT WITHIN FORTY DAYS AFTER THE TERMINATION OF HIS SERVICES OR FORTY DAYS AFTER THE PRESENT NATIONAL EMERGENCY SHALL HAVE CEASED TO EXIST:

1. HE SHALL BE REINSTATED WITHIN THIRTY DAYS OF HIS APPLICATION IN THE SAME DEPARTMENT OR AGENCY, AND APPROXIMATELY THE SAME LOCALITY, IN HIS FORMER POSITION OR IN A POSITION OF LIKE SENIORITY, STATUS, AND PAY, PROVIDED THAT SUCH A POSITION THEN EXISTS.'

THE QUESTION PRESENTED IS WHETHER OR NOT THE ACT OF OCTOBER 10, 1940 AND EXECUTIVE ORDER NO. 8588, OR ANY SUBSEQUENT ACT OR EXECUTIVE ORDER, AUTHORIZES THE TRANSPORTATION, AT GOVERNMENT EXPENSE, OF HOUSEHOLD GOODS OF GOVERNMENT EMPLOYEES WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER TO FILL A VACANCY OF AN EMPLOYEE THAT HAS BEEN INDUCTED INTO THE MILITARY SERVICE WITH REEMPLOYMENT RIGHTS IN ACCORDANCE WITH THE " SELECTIVE TRAINING AND SERVICE ACT, 1940; " OR, THAT HAS BEEN TRANSFERRED FROM A LOWER PRIORITY GOVERNMENT DEPARTMENT OR AGENCY TO ONE WITH HIGHER PRIORITY, WITH REEMPLOYMENT RIGHTS IN ACCORDANCE WITH EXECUTIVE ORDER NO. 8973.

YOUR FORMAL RULING ON THIS QUESTION IS RESPECTFULLY REQUESTED.

THE WORDS,"WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY," AS USED IN BOTH THE TITLE AND BODY OF THE ACT OF OCTOBER 10, 1940, 54 STAT. 1105--- AS WELL AS IN THE PRESIDENT'S REGULATIONS THEREUNDER, EXECUTIVE ORDER NO. 8588, DATED NOVEMBER 7, 1940--- APPEAR TO RELATE TO A CHANGE IN THE PERMANENT DUTY STATION OF THE EMPLOYEE AND NOT TO THE TENURE OF THE APPOINTMENT OF THE EMPLOYEE. THUS, IF OTHER CONDITIONS OF THE STATUTE AND REGULATIONS BE MET, HOUSEHOLD GOODS ARE AUTHORIZED TO BE TRANSPORTED AT THE EXPENSE OF THE GOVERNMENT WHEN THE OFFICIAL STATION OR HEADQUARTERS OF AN EMPLOYEE IS TRANSFERRED FROM ONE PLACE TO ANOTHER--- AS DISTINGUISHED FROM OFFICIAL TRAVEL TO ANOTHER PLACE ON TEMPORARY DUTY AWAY FROM THE OFFICIAL STATION OR HEADQUARTERS OF AN EMPLOYEE--- REGARDLESS OF THE TENURE OF THE APPOINTMENT OF THE EMPLOYEE. IN THAT CONNECTION, SEE THE DECISION OF SEPTEMBER 12, 1939, 19 COMP. GEN. 347, 351, WHEREIN IT WAS STATED:

* * * THE FIXING OF THE TENURE OF AN APPOINTMENT, EITHER TEMPORARY OR PERMANENT, IS NOT SYNONYMOUS WITH THE FIXING OF A TEMPORARY OR PERMANENT DUTY STATION FOR THE PURPOSE OF REIMBURSING AN EMPLOYEE TRAVELING EXPENSES UNDER THE SUBSISTENCE EXPENSE ACT AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. AN EMPLOYEE SERVING EITHER UNDER A TEMPORARY OR PERMANENT APPOINTMENT MAY HAVE BOTH A PERMANENT AND A TEMPORARY DUTY STATION. * * * COMPARE 18 COMP. GEN. 423, AND THE DECISION OF JULY 2, 1942, B-26782, 22 COMP. GEN. 1.

ACCORDINGLY WHEN AN EMPLOYEE IS APPOINTED AND TRANSFERRED TO ANOTHER OFFICIAL STATION TO FILL A VACANCY PENDING THE RETURN OF ANOTHER EMPLOYEE FROM THE MILITARY SERVICE OR FROM SERVICE IN ANOTHER FEDERAL AGENCY TO WHICH TRANSFERRED PURSUANT TO EXECUTIVE ORDER 8973, HE IS TO BE REGARDED AS HAVING BEEN "TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY" WITHIN THE MEANING OF THE ACT OF OCTOBER 10, 1940, AND THE PRESIDENT'S REGULATIONS THEREUNDER.