B-48901, APRIL 13, 1945, 24 COMP. GEN. 747

B-48901: Apr 13, 1945

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IT IS ADMINISTRATIVELY DETERMINED TO RESTORE AN EMPLOYEE AFTER WAR INDUSTRY SERVICE IN A POSITION AT A NEW OFFICIAL STATION RATHER THAN IN HIS FORMER POSITION AT HIS OLD STATION. WHICH IS STILL IN BEING ALTHOUGH OCCUPIED BY ANOTHER EMPLOYEE. 1945: I HAVE YOUR UNDATED LETTER. WHO IS SUBSEQUENTLY INVOLUNTARILY FURLOUGHED OR TERMINATED WITHOUT CAUSE SUCH AS WOULD REFLECT ON HIS SUITABILITY FOR REEMPLOYMENT IN THE FEDERAL SERVICE. PROVIDED 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. THAT HE DOES NOT LOSE ANY OF THE RIGHTS OR BENEFITS TO WHICH HE WOULD HAVE BEEN ENTITLED HAD HE NOT BEEN TRANSFERRED OR RELEASED.

B-48901, APRIL 13, 1945, 24 COMP. GEN. 747

TRAVELING EXPENSES; TRANSPORTATION OF HOUSEHOLD EFFECTS - STATION CHANGE UPON RESTORATION AFTER WAR INDUSTRY SERVICE WHERE, UNDER AUTHORITY OF SECTION 5 OF WAR SERVICE REGULATION IX, IT IS ADMINISTRATIVELY DETERMINED TO RESTORE AN EMPLOYEE AFTER WAR INDUSTRY SERVICE IN A POSITION AT A NEW OFFICIAL STATION RATHER THAN IN HIS FORMER POSITION AT HIS OLD STATION, WHICH IS STILL IN BEING ALTHOUGH OCCUPIED BY ANOTHER EMPLOYEE, THE EMPLOYEE MAY BE RESTORED AT HIS OLD STATION WITH RIGHT TO REIMBURSEMENT OF TRAVELING EXPENSES AND TRANSFER. 22 COMP. GEN. 825, AMPLIFIED.

ACTING COMPTROLLER GENERAL YATES TO THE CHAIRMAN, WAR MANPOWER COMMISSION, APRIL 13, 1945:

I HAVE YOUR UNDATED LETTER, RECEIVED HERE APRIL 3, 1945, AS FOLLOWS:

SECTION 5 OF WAR SERVICE REGULATION IX PROVIDES IN PART:

"ANY PERSON, EXCEPT ONE HOLDING A TEMPORARY POSITION, TRANSFERRED UNDER THIS REGULATION UNDER SUCH CONDITIONS AS TO ENTITLE HIM TO REEMPLOYMENT BENEFITS, WHO IS SUBSEQUENTLY INVOLUNTARILY FURLOUGHED OR TERMINATED WITHOUT CAUSE SUCH AS WOULD REFLECT ON HIS SUITABILITY FOR REEMPLOYMENT IN THE FEDERAL SERVICE, SHALL BE ENTITLED TO THE RIGHTS SPECIFIED BELOW, PROVIDED 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, BUT IN NO EVENT LATER THAN SIX MONTHS AFTER THE END OF THE WAR * * * HE SHALL BE REINSTATED WITHIN THIRTY DAYS OF HIS APPLICATION IN THE SAME DEPARTMENT OR AGENCY AND TO THE MAXIMUM EXTENT PRACTICABLE, IN THE SAME LOCALITY, IN HIS FORMER POSITION, OR IN A POSITION OF LIKE SENIORITY, STATUS, AND PAY, IN SUCH MANNER, TO THE EXTENT CONSISTENT WITH LAW, THAT HE DOES NOT LOSE ANY OF THE RIGHTS OR BENEFITS TO WHICH HE WOULD HAVE BEEN ENTITLED HAD HE NOT BEEN TRANSFERRED OR RELEASED, PROVIDED THAT SUCH A POSITION THEN EXISTS.'

THE WAR MANPOWER COMMISSION HAS RECEIVED SEVERAL APPLICATIONS FOR REINSTATEMENT UNDER THIS SECTION FROM PERSONS WHO WERE TRANSFERRED TO PRIVATE INDUSTRY WITH REEMPLOYMENT RIGHTS. THE EMPLOYEES INVOLVED IN THESE CASES HAVE RETURNED THEMSELVES TO THEIR OFFICIAL STATIONS AT THEIR PERSONAL EXPENSE BUT THEY HAVE NOT BEEN RESTORED TO DUTY STATUS IN THE FORMER POSITIONS. THE POSITIONS WHICH THEY OCCUPIED BEFORE TRANSFERRING TO PRIVATE INDUSTRY ARE NOW BEING FILLED BY OTHER GOVERNMENT EMPLOYEES. IN THE INTERESTS OF SOUND ADMINISTRATION IT HAS, IN SOME OF THESE CASES, BEEN DETERMINED TO BE MORE ADVISABLE AND MUTUALLY BENEFICIAL BOTH FOR THE GOVERNMENT AND THE EMPLOYEE TO MAINTAIN THE STATUS QUO AND MERELY FILL EXISTING SIMILAR VACANCIES IN OTHER LOCALITIES WITH THE RETURNING APPLICANT, PROVIDED, OF COURSE, THAT THE APPLICANT IS WILLING TO ACCEPT THE EMPLOYMENT OFFERED. SINCE REINSTATEMENT OF THESE EMPLOYEES TO THEIR FORMER POSITIONS WOULD NECESSITATE REMOVING THE PRESENT INCUMBENT AND PROBABLY TRANSFERRING THAT INCUMBENT TO THE VACANT POSITION REFERRED TO ABOVE, OR MAY WELL REQUIRE INVOKING THE PRESCRIBED REDUCTION IN FORCE PROCEDURE WHICH COULD NECESSITATE THE SHIFTING OF SEVERAL OTHERS FROM POSITIONS WHICH THEY NOW OCCUPY, THE WAR MANPOWER COMMISSION WOULD PREFER IN SUCH CASES TO RESTORE THE RETURNING APPLICANT TO DUTY STATUS IN THE VACANT POSITION AND PAY THEIR TRAVELING EXPENSES TO THEIR NEW OFFICIAL STATION.

IN 21 COMP. GEN. 398 THE COMPTROLLER HELD:

"AN EMPLOYEE INDUCTED INTO THE MILITARY FORCES UNDER EITHER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 OR PUBLIC RESOLUTION NO. 96 OF AUGUST 27, 1940, WHOSE POSITION HAS BEEN ABOLISHED DURING A PERIOD OF FURLOUGH FOR SUCH DUTY BUT WHO IS OFFERED A POSITION OF LIKE SENIORITY, STATUS, AND PAY AT A DIFFERENT LOCATION IS REQUIRED TO BEAR THE EXPENSE OF TRAVELING TO SUCH NT.'

HOWEVER, THAT DECISION TURNED ON THE FACT THAT THE POSITION WHICH THE EMPLOYEE HAD PREVIOUSLY OCCUPIED HAD BEEN ABOLISHED AND THAT, THEREFORE, HE HAD NO OFFICIAL STATION TO RETURN TO.

IN 22 COMP. GEN. 825 THE COMPTROLLER HELD, QUOTING FROM SYLLABUS:

"A CIVILIAN EMPLOYEE WHO, UPON HIS RETURN FROM ACTIVE MILITARY SERVICE, WAS ASSIGNED AS A MATTER OF ADMINISTRATIVE CONVENIENCE TO A NEW OFFICIAL STATION, RATHER THAN RESTORED TO HIS POSITION AT THE OLD STATION, WHICH IS STILL IN BEING ALTHOUGH THE POSITION IS OCCUPIED BY ANOTHER EMPLOYEE, MAY BE PAID THE EXPENSES OF SUCH TRAVEL AND TRANSPORTATION OF HOUSEHOLD EFFECTS INCURRED IN CONNECTION WITH THE TRANSFER FROM THE OLD TO THE NEW STATION.'

HOWEVER, IN THAT CASE THE EMPLOYEE INVOLVED HAD BEEN RESTORED TO DUTY STATUS AT HIS FORMER OFFICIAL STATION.

IN THE CASES NOW FOR CONSIDERATION BEFORE THE WAR MANPOWER COMMISSION THE POSITIONS HAVE NOT BEEN ABOLISHED AND WHILE THE EMPLOYEES HAVE RETURNED THEMSELVES TO THEIR OLD OFFICIAL STATIONS THEY HAVE NOT BEEN RETURNED TO DUTY STATUS. THE PLAN IS TO RETURN THEM TO DUTY STATUS IN SIMILAR POSITIONS WHICH ARE LOCATED AT ANOTHER LOCALITY.

ACCORDINGLY, WHERE IT HAS BEEN ADMINISTRATIVELY DETERMINED TO BE IN THE BEST INTERESTS OF THE GOVERNMENT TO REINSTATE AN EMPLOYEE CLAIMING REEMPLOYMENT RIGHTS UNDER SECTION 5 OF WAR SERVICE REGULATION IX TO A POSITION OTHER THAN THE POSITION WHICH HE PREVIOUSLY OCCUPIED AND LOCATED AT ANOTHER LOCALITY AND THE EMPLOYEE ACQUIESCES, MAY THE GOVERNMENT PAY THE TRAVELING EXPENSES AND THE EXPENSE FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS INCIDENT TO THIS CHANGE OF OFFICIAL STATION UNDER SUCH CIRCUMSTANCES. SINCE THE WAR MANPOWER COMMISSION IS NOW CONSIDERING THE REINSTATEMENT OF SEVERAL RETURNING APPLICANTS, I WOULD APPRECIATE YOUR EARLY REPLY.

APPARENTLY, THE PURPOSE OR INTENT OF THE WAR SERVICE REGULATION QUOTED IN YOUR LETTER IS TO GRANT EMPLOYEES WHO ARE REINSTATED TO THEIR FORMER CIVILIAN POSITIONS OR POSITIONS OF LIKE SENIORITY, STATUS, AND PAY AFTER SERVICE IN PUBLIC OR PRIVATE WAR INDUSTRY, THE SAME REEMPLOYMENT BENEFITS- -- SO FAR AS IS CONSISTENT WITH EXISTING LAW--- AS ARE ENJOYED PURSUANT TO LAW BY EMPLOYEES RETURNING TO CIVILIAN POSITIONS FROM ACTIVE SERVICE IN THE ARMED FORCES. HENCE, THE RULE STATED IN THE DECISION OF FEBRUARY 20, 1943, 22 COMP. GEN. 825, THE SYLLABUS OF WHICH IS QUOTED IN YOUR LETTER, MAY BE REGARDED AN EQUALLY APPLICABLE IN THE INSTANT CASE. THE EMPLOYEE CONSIDERED IN THAT DECISION WAS NOT ACTUALLY RESTORED AT HIS OLD STATION FOR DUTY--- HIS FORMER POSITION THEN BEING OCCUPIED BY ANOTHER--- BUT WAS RESTORED ONLY FOR THE PURPOSE OF AUTHORIZING HIS TRANSFER TO A NEW DUTY STATION WITH RIGHT TO REIMBURSEMENT OF TRAVELING EXPENSES AND TRANSFER OF HOUSEHOLD GOODS INCIDENT TO SUCH TRANSFER IN THE USUAL MANNER. SIMILAR ACTION APPEARS AUTHORIZED IN THE INSTANT CASE.

ACCORDINGLY, THE QUESTION PRESENTED IN THE CONCLUDING PARAGRAPH OF YOUR LETTER IS ANSWERED IN THE AFFIRMATIVE.