B-47030, MAR. 15, 1965

B-47030: Mar 15, 1965

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WILL E. HANSEN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 2. WHICH YOU WOULD HAVE EARNED HAD YOUR SERVICES NOT BEEN SUSPENDED. THE INFORMATION FURNISHED BY THE ADMINISTRATIVE OFFICE SHOWS THAT YOU WERE GRANTED A RELIEF TRIP ON NOVEMBER 3. THE POST OFFICE DEPARTMENT POINTS OUT THAT SINCE YOU WERE GIVEN THE RELIEF TRIP IN YOUR NEW ASSIGNMENT FOR SERVICE PERFORMED PRIOR TO THAT TIME. WE ARE OF THE OPINION THAT THEY DO NOT CLEARLY COVER YOUR SITUATION SO AS TO HAVE ENTITLED YOU TO OVERTIME AS OF OCTOBER 27. THAT THE REGULATION AS PRESENTLY WORDED IS NOT ENTIRELY CLEAR AS TO THE CIRCUMSTANCES AND TIME CREDITS FOR WHICH OVERTIME MUST BE PAID. SECTION 755.211 OF THE POSTAL MANUAL AND 39 U.S.C. 3581 PROVIDE THAT THE WORK OF POSTAL CLERKS ASSIGNED TO ROAD DUTY WILL BE ORGANIZED INTO REGULAR TOURS OF DUTY AVERAGING 8 HOURS A DAY FOR 252 DAYS A YEAR.

B-47030, MAR. 15, 1965

TO MR. WILL E. HANSEN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 2, 1964, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF SEPTEMBER 15, 1964, WHICH DISALLOWED YOUR CLAIM FOR AN AMOUNT ALLEGED TO BE DUE FOR SERVICES RENDERED AS AN EMPLOYEE OF THE POST OFFICE DEPARTMENT, ASSIGNED TO THE PORTLAND AND SAN FRANCISCO SOUTH DIVISION RAILWAY POST OFFICE.

BY LETTERS OF DECEMBER 2, 1964, AND FEBRUARY 16, 1965, WE ADVISED YOU THAT WE FOUND IT NECESSARY TO REQUEST A REPORT FROM THE ADMINISTRATIVE OFFICE. THE REPORT HAS NOW BEEN RECEIVED.

YOUR CLAIM REQUESTS PAYMENT OF OVERTIME FOR ALL CREDITS DUE YOU AS OF OCTOBER 27, 1963, AFTER ADJUSTMENT FOR ANY DEFICIENCY AND ALSO FOR CREDIT INCLUDING NIGHT DIFFERENTIAL AND EXCESS TIME CREDITS ALLEGED TO BE DUE FOR THE TRIP NOVEMBER 3, 1963, WHICH YOU WOULD HAVE EARNED HAD YOUR SERVICES NOT BEEN SUSPENDED.

THE INFORMATION FURNISHED BY THE ADMINISTRATIVE OFFICE SHOWS THAT YOU WERE GRANTED A RELIEF TRIP ON NOVEMBER 3, 1963, FOR SERVICE PERFORMED PRIOR TO THAT TIME. SECTION 561.672F (3) OF THE POSTAL MANUAL PROVIDES THAT ANY RELIEF CREDIT OR DEBIT AND/OR LAYOFF, LOSS, OR GAIN FROM OLD ASSIGNMENTS MAY BE BALANCED AGAINST ANY LAYOFF, RELIEF OR ADDITIONAL TRIPS DUE IN ANY INCOMPLETE CYCLE OF NEW ASSIGNMENT. THE POST OFFICE DEPARTMENT POINTS OUT THAT SINCE YOU WERE GIVEN THE RELIEF TRIP IN YOUR NEW ASSIGNMENT FOR SERVICE PERFORMED PRIOR TO THAT TIME, IT WOULD APPEAR THAT THE ABOVE-CITED SECTION HAS BEEN PROPERLY APPLIED IN YOUR CASE. WHILE WE NOTE YOUR REFERENCE TO OTHER PARTS OF SECTION 561.672F (3), WE ARE OF THE OPINION THAT THEY DO NOT CLEARLY COVER YOUR SITUATION SO AS TO HAVE ENTITLED YOU TO OVERTIME AS OF OCTOBER 27, 1963, FOR THE CREDIT IN QUESTION. WE WOULD AGREE, HOWEVER, THAT THE REGULATION AS PRESENTLY WORDED IS NOT ENTIRELY CLEAR AS TO THE CIRCUMSTANCES AND TIME CREDITS FOR WHICH OVERTIME MUST BE PAID.

SECTION 755.211 OF THE POSTAL MANUAL AND 39 U.S.C. 3581 PROVIDE THAT THE WORK OF POSTAL CLERKS ASSIGNED TO ROAD DUTY WILL BE ORGANIZED INTO REGULAR TOURS OF DUTY AVERAGING 8 HOURS A DAY FOR 252 DAYS A YEAR, INCLUDING AN ALLOWANCE OF 1 HOUR AND 35 MINUTES FOR WORK TO BE PERFORMED ON LAYOFF PERIODS. IN ORDER THAT AN EMPLOYEE'S WORK COULD AVERAGE 8 HOURS IT IS, AS YOU ARE AWARE, NECESSARY IN SOME CASES TO SCHEDULE RELIEF TRIPS. UNDERSTAND THAT IN THOSE CASES WHERE AN EMPLOYEE IS PAID FOR A GREATER NUMBER OF TRIPS THAN ARE ACTUALLY COMPLETED THE EMPLOYEE PERFORMS THE ENTIRE SERVICE REQUIRED IN THE LESSER NUMBER OF TRIPS.

OVERTIME FOR EMPLOYEES ASSIGNED TO ROAD DUTY IS AUTHORIZED ONLY FOR WORK PERFORMED IN EXCESS OF THEIR REGULAR TOUR OF DUTY. THE SCHEDULE OF WORK PERFORMED BY YOU FOR THE CALENDAR YEAR 1963 SHOWS THAT YOU WERE ON RELIEF AND WERE NOT REQUIRED TO WORK THE TRIP SCHEDULED FOR NOVEMBER 3, 1963, THEREFORE, THERE IS NO AUTHORITY TO PAY OVERTIME COMPENSATION FOR THAT DAY.

THEREFORE, THE ACTION TAKEN IN OUR SETTLEMENT OF SEPTEMBER 15, 1964, OF DISALLOWING YOUR CLAIM IS SUSTAINED.