B-51876, SEPTEMBER 25, 1945, 25 COMP. GEN. 287

B-51876: Sep 25, 1945

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IS EMPLOYED AT DUTIES OTHER THAN THE DELIVERY OF SPECIAL DELIVERY MAIL. AT A FIRST-CLASS POST OFFICE WHO ARE ASSIGNED TO DELIVER SPECIAL-DELIVERY MAIL UNDER AUTHORITY OF SECTION 22 (E) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6. 1945: I HAVE YOUR LETTER OF AUGUST 17. THE BILL PROVIDES FOR BOTH FULL TIME AND SUBSTITUTE SPECIAL-DELIVERY MESSENGERS. (1) WHEN UNDER THE AUTHORITY OF THE ABOVE QUOTED SECTION A FULL TIME SPECIAL-DELIVERY MESSENGER IS EMPLOYED AT DUTIES OTHER THAN THE DELIVERY OF SPECIAL DELIVERY MAIL SHALL HIS SALARY DURING SUCH PERIOD OF UTILIZATION BE PAID FROM THE APPROPRIATION TO WHICH THAT ACTIVITY IS REGULARLY CHARGED OR SHALL HE BE PAID FROM APPROPRIATION " SPECIAL DELIVERY FEES.

B-51876, SEPTEMBER 25, 1945, 25 COMP. GEN. 287

COMPENSATION - POSTAL SERVICE - SPECIAL-DELIVERY SERVICES; ETC. WHEN, UNDER AUTHORITY OF SECTION 22 (E) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, A SPECIAL-DELIVERY MESSENGER, EITHER FULL-TIME OR SUBSTITUTE, IS EMPLOYED AT DUTIES OTHER THAN THE DELIVERY OF SPECIAL DELIVERY MAIL, HIS COMPENSATION SHOULD BE PAID FROM THE APPROPRIATION," SPECIAL-DELIVERY FEES," AND NOT THE APPROPRIATION APPLICABLE TO SUCH OTHER DUTIES AT WHICH EMPLOYED. SPECIAL-DELIVERY MESSENGERS AT FIRST-CLASS POST OFFICES SHOULD BE PAID THEIR REGULAR RATE OF COMPENSATION AS SUCH MESSENGERS WHEN ASSIGNED UNDER AUTHORITY OF SECTION 22 (E) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, TO THER DUTIES DURING THEIR REGULAR TOUR OF DUTY. THE COMPENSATION OF REGULAR OR SUBSTITUTE EMPLOYEES, OTHER THAN SPECIAL- DELIVERY MESSENGERS, AT A FIRST-CLASS POST OFFICE WHO ARE ASSIGNED TO DELIVER SPECIAL-DELIVERY MAIL UNDER AUTHORITY OF SECTION 22 (E) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, SHOULD BE CHARGED UNDER THE APPROPRIATION FROM WHICH REGULARLY PAID AND NOT THE APPROPRIATION," SPECIAL-DELIVERY FEES.' NOTWITHSTANDING THE PROVISIONS OF SECTION 22 OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, ESTABLISHING A SALARY BASIS FOR COMPENSATING SPECIAL-DELIVERY MESSENGERS AT FIRST-CLASS POST OFFICES, RURAL DELIVERY CARRIERS WORKING OUT OF FIRST-CLASS POST OFFICES MAY BE PAID ON THE FEE BASIS SET FORTH IN 39 U.S.C. 169A FOR DELIVERING SPECIAL-DELIVERY MAIL TO PATRONS OF THEIR ROUTES.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, SEPTEMBER 25, 1945:

I HAVE YOUR LETTER OF AUGUST 17, 1945, REFERENCE 15, AS FOLLOWS:

SECTION 22 (E) OF PUBLIC LAW NO. 134, APPROVED JULY 6, 1945, PROVIDES THAT:

"SPECIAL-DELIVERY MESSENGERS MAY BE EMPLOYED AT DUTIES OTHER THAN THE DELIVERY OF SPECIAL-DELIVERY MAIL WHEN THEIR REGULAR DUTIES DO NOT REQUIRE EIGHT HOURS WORK IN TEN; AND SPECIAL-DELIVERY ARTICLES MAY, IN THE DISCRETION OF THE POSTMASTER GENERAL, BE DELIVERED BY REGULAR, SUBSTITUTE, AND TEMPORARY POSTAL EMPLOYEES, AND SUCH EMPLOYEES SHALL BE PAID THEIR REGULAR RATE OF COMPENSATION FOR SUCH DELIVERY SERVICE.'

THE BILL PROVIDES FOR BOTH FULL TIME AND SUBSTITUTE SPECIAL-DELIVERY MESSENGERS. (1) WHEN UNDER THE AUTHORITY OF THE ABOVE QUOTED SECTION A FULL TIME SPECIAL-DELIVERY MESSENGER IS EMPLOYED AT DUTIES OTHER THAN THE DELIVERY OF SPECIAL DELIVERY MAIL SHALL HIS SALARY DURING SUCH PERIOD OF UTILIZATION BE PAID FROM THE APPROPRIATION TO WHICH THAT ACTIVITY IS REGULARLY CHARGED OR SHALL HE BE PAID FROM APPROPRIATION " SPECIAL DELIVERY FEES," NOTWITHSTANDING THAT A PORTION OF HIS TIME WAS DEVOTED TO SOME OTHER DUTY? FOR EXAMPLE. A FULL TIME (REGULAR) SPECIAL-DELIVERY MESSENGER MAY BE EMPLOYED TWO HOURS DAILY BETWEEN SPECIAL DELIVERY TRIPS AS A MAIL HANDLER. SHALL HE BE PAID FOR THE TWO HOURS FROM THE APPROPRIATION " CLERKS, FIRST- AND SECOND CLASS POST OFFICES" AND THE REMAINING SIX HOURS FROM THE APPROPRIATION " SPECIAL DELIVERY FEES" OR SHALL HE BE PAID FOR ALL EIGHT HOURS FROM THE LATTER APPROPRIATION?

IN A SIMILAR MANNER, SUBSTITUTE SPECIAL-DELIVERY MESSENGERS, WHO ARE HOURLY-RATE EMPLOYEES, MAY BE UTILIZED AT DUTIES OTHER THAN THE DELIVERY OF SPECIAL DELIVERY MATTER WHEN NOT NEEDED FOR THAT PURPOSE. (2) SHALL THEIR EMPLOYMENT AT DUTIES OTHER THAN THE DELIVERY OF SPECIAL DELIVERY MATTER BE PAID FROM THE APPROPRIATION GOVERNING THAT SERVICE? FOR EXAMPLE: A SUBSTITUTE SPECIAL-DELIVERY MESSENGER MAY BE EMPLOYED TWO HOURS DAILY IN THE DELIVERY OF SPECIAL DELIVERY MATTER AND FOUR HOURS DAILY AS A MAIL HANDLER. SHALL HIS PAY AS A MAIL HANDLER BE PAID FROM THE APPROPRIATION " CLERKS, FIRST- AND SECOND CLASS POST OFFICES" OR SHALL ALL SIX HOURS BE PAID FROM THE APPROPRIATION " SPECIAL DELIVERY FEES?

(3) WHEN SPECIAL-DELIVERY MESSENGERS ARE EMPLOYED AT DUTIES OTHER THAN THE DELIVERY OF SPECIAL DELIVERY MAIL SHALL THEIR HOURLY RATE OF PAY BE COMPUTED ON THE BASIS OF THE RATES APPLICABLE TO THE DUTIES THAT THEY PERFORM OR SHALL THEY BE PAID AT THEIR REGULAR RATES OF PAY AS SPECIAL- DELIVERY MESSENGERS? FOR EXAMPLE: A GRADE 1 SUBSTITUTE SPECIAL-DELIVERY MESSENGER IS PAID 79 CENTS AN HOUR FOR THE DELIVERY OF SPECIAL DELIVERY MATTER. IF HE PERFORMS SERVICE AS A SUBSTITUTE CITY CARRIER WILL HIS PAY BE COMPUTED FOR SUCH TIME AT 79 CENTS AN HOUR, THE RATE APPLICABLE TO GRADE 1 SPECIAL-DELIVERY MESSENGERS, OR AT 84 CENTS AN HOUR, THE RATE APPLICABLE TO GRADE 1 SUBSTITUTE CITY DELIVERY CARRIERS?

UNDER THE AUTHORITY GRANTED IN SECTION 22 (E) THE POSTMASTER GENERAL MAY UTILIZE REGULAR, SUBSTITUTE, AND TEMPORARY POSTAL EMPLOYEES AT FIRST-CLASS POST OFFICES IN THE DELIVERY OF SPECIAL-DELIVERY MATTER AND SUCH EMPLOYEES SHALL BE PAID THEIR REGULAR RATE OF COMPENSATION FOR SUCH DELIVERY SERVICE. (4) IN THE EVENT A REGULAR EMPLOYEE IS ASSIGNED TO THE DELIVERY OF SPECIAL DELIVERY MAIL SHALL HIS SALARY FOR SUCH TIME BE CHARGED TO THE APPROPRIATION FROM WHICH HE IS REGULARLY PAID OR SHALL HE BE PAID FROM THE APPROPRIATION " SPECIAL DELIVERY FEES? " FOR EXAMPLE: A REGULAR CITY DELIVERY CARRIER MAY BE UTILIZED SIX HOURS EACH DAY IN THE DELIVERY OF A CITY DELIVERY ROUTE AND TWO HOURS EACH DAY IN THE DELIVERY OF SPECIAL DELIVERY MAIL. SHALL THE TWO HOURS' EMPLOYMENT IN THE SPECIAL DELIVERY SERVICE BE CHARGED TO " SPECIAL DELIVERY FEES" OR SHALL HIS ENTIRE PAY BE CHARGED TO THE APPROPRIATION FROM WHICH HE IS REGULARLY PAID?

IN A SIMILAR MANNER SUBSTITUTE EMPLOYEES WHO ARE PAID ON AN HOURLY BASIS MAY BE ASSIGNED TO THE DELIVERY OF SPECIAL DELIVERY MAIL. (5) SHALL THEIR TIME SERVED AS SPECIAL-DELIVERY MESSENGERS BE CHARGED TO THAT APPROPRIATION OR SHALL THEIR FULL-TIME BE CHARGED TO THE APPROPRIATION FROM WHICH THEY ARE REGULARLY PAID? FOR EXAMPLE: A SUBSTITUTE CLERK MAY BE EMPLOYED FOUR HOURS DAILY AS A SUBSTITUTE CLERK AND THREE HOURS DAILY IN THE DELIVERY OF SPECIAL DELIVERY MATTER. SHALL THE FOUR HOURS CLERICAL TIME BE CHARGED TO THE APPROPRIATION " CLERKS, FIRST- AND SECOND-CLASS POST OFFICES" AND THE THREE HOURS' TIME USED IN THE SPECIAL DELIVERY SERVICE CHARGED TO THE APPROPRIATION " SPECIAL DELIVERY FEES" OR SHALL THE ENTIRE SEVEN HOURS BE CHARGED TO THE APPROPRIATION " CLERKS, FIRST- AND SECOND-CLASS POST OFFICES?

IN PREVIOUS DECISIONS YOU HAVE HELD THAT RURAL DELIVERY CARRIERS MAY BE PAID FEES FOR THE DELIVERY OF SPECIAL DELIVERY MATTER AT SECOND-, THIRD- AND FOURTH-CLASS OFFICES. (6) INASMUCH AS SPECIAL DELIVERY MATTER ADDRESSED TO PATRONS OF RURAL ROUTES EMANATING FROM OFFICES OF THE FIRST- CLASS CANNOT BE DELIVERED BY SPECIAL DELIVERY MESSENGERS BUT DELIVERY MUST BE EFFECTED BY RURAL DELIVERY CARRIERS, MAY RURAL CARRIERS AT OFFICES OF THE FIRST-CLASS BE PAID FEES FOR THE DELIVERY OF SUCH MAIL?

IN DECISION OF JULY 19, 1945, B-50960, 25 COMP. GEN. 71, IT WAS STATED, IN ANSWER TO QUESTION 1, AS FOLLOWS:

THERE IS NOTHING IN SECTION 27 OF THE STATUTE WHICH BROADENS THE AVAILABILITY OF EXISTING ITEMS OF APPROPRIATION FOR THE POSTAL SERVICE. HENCE, I FIND NO BASIS FOR HOLDING THAT THE CHANGE MADE BY THE NEW STATUTE IN THE BASIS OF PAYMENT OF COMPENSATION--- FROM A FEE BASIS TO A TIME BASIS--- IN THE CASE OF SPECIAL-DELIVERY MESSENGERS AT FIRST-CLASS POST OFFICES HAS THE EFFECT OF MAKING THE APPROPRIATION ITEM," CITY DELIVERY CARRIERS," AVAILABLE FOR PAYMENT OF THE COMPENSATION OF SPECIAL-DELIVERY MESSENGERS--- IT BEING UNDERSTOOD THAT THE SUBITEM FOR " MESSENGER SERVICE" IN THE APPROPRIATION ITEM," CITY DELIVERY CARRIERS," HERETOFORE HAS NOT BEEN USED FOR PAYMENT OF FEES OF SPECIAL-DELIVERY MESSENGERS. CONSEQUENTLY, I HAVE TO ADVISE THAT THE SALARIES OF SPECIAL-DELIVERY MESSENGERS AT FIRST-CLASS POST OFFICES, PROVIDED FOR UNDER THE NEW POSTAL SERVICE PAY ACT, ARE FOR PAYMENT UNDER THE APPROPRIATION ITEM," SPECIAL DELIVERY FEES.'

SECTION 22 (E) OF THE ACT, 59 STAT. 460, QUOTED IN THE FIRST PARAGRAPH OF YOUR LETTER, DOES NOT INVOLVE DUAL EMPLOYMENT IN TWO CAPACITIES WITHIN THE MEANING OF 39 U.S.C. 136, AS AMENDED. IT MERELY AUTHORIZES THE ASSIGNMENT OF SPECIAL-DELIVERY MESSENGERS TO OTHER CLASSES OF WORK DURING THEIR REGULAR TOURS OF DUTY AND, ALSO, THE ASSIGNMENT OF OTHER CLASSES OF POSTAL EMPLOYEES TO MAKE DELIVERY OF SPECIAL-DELIVERY MAIL AS A PART OF THEIR REGULAR DUTIES, WITHOUT ANY CHANGE IN THE PAYMENT OF, OR ACCOUNTING FOR, THE REGULAR COMPENSATION OF THE EMPLOYEES. SEE THE ANSWER TO QUESTION 5, DECISION OF JULY 19, 1945, B-50960, SUPRA. CF. THE ACT OF NOVEMBER 4, 1943, 57 STAT. 586, AS AMENDED BY THE ACT OF JUNE 30, 1945, 59 STAT. 270 PUBLIC LAW 100.

REFERRING TO QUESTION 1, THE REGULAR SALARY OF THE SPECIAL-DELIVERY MESSENGERS FOR THE ENTIRE PERIOD SHOULD BE PAID FROM THE APPROPRIATION," SPECIAL DELIVERY FEES," NOTWITHSTANDING THAT A PORTION OF THE TIME IS DEVOTED TO OTHER DUTY.

THE ANSWER TO QUESTION (1) ANSWERS QUESTION (2,) ALSO. THAT IS, IN THE EXAMPLE GIVEN, ALL SIX HOURS' SERVICE SHOULD BE PAID FOR UNDER THE APPROPRIATION," SPECIAL DELIVERY FEES.'

REFERRING TO QUESTION (3) SPECIAL-DELIVERY MESSENGERS AT FIRST-CLASS POST OFFICES SHOULD BE PAID THEIR REGULAR RATE OF COMPENSATION AS A SPECIAL- DELIVERY MESSENGER WHILE ASSIGNED TO OTHER DUTIES DURING THEIR REGULAR TOUR OF DUTY. IN THE EXAMPLE GIVEN, THE RATE OF COMPENSATION WOULD BE 79 CENTS PER HOUR.

IN LINE WITH THE ANSWERS TO QUESTIONS (1) AND (2,) QUESTION (4) MAY BE ANSWERED BY STATING THAT THE COMPENSATION OF A REGULAR EMPLOYEE AT A FIRST -CLASS POST OFFICE WHO IS ASSIGNED TO DELIVER SPECIAL-DELIVERY MAIL, SHOULD BE CHARGED UNDER THE APPROPRIATION FROM WHICH HE REGULARLY IS PAID. IN THE EXAMPLE GIVEN, THE REGULAR CARRIER'S ENTIRE COMPENSATION SHOULD BE CHARGED TO THE APPROPRIATION FROM WHICH HE REGULARLY IS PAID.

THE ANSWER TO QUESTION (4) ANSWERS QUESTION (5,) ALSO. THAT IS, IN THE EXAMPLE GIVEN, THE SALARY OF THE SUBSTITUTE CLERK FOR THE ENTIRE SEVEN HOURS SHOULD BE CHARGED UNDER THE ROPRIATION," CLERKS, FIRST- AND SECOND- CLASS POST OFFICES.'

REFERRING TO QUESTION (6), IT HAS BEEN HELD THAT THE NEW BASIS OF PAYING SPECIAL-DELIVERY MESSENGERS UPON A SALARY BASIS PROVIDED BY THE NEW LAW IS LIMITED TO FIRST-CLASS POST OFFICES, AND THAT AT POST OFFICES OF OTHER CLASSES THE FEE SYSTEM OF PAYING SPECIAL-DELIVERY MESSENGERS PRESCRIBED BY 39 U.S.C. 169A (46 STAT. 1469) REMAINS IN OPERATION, AND, ACCORDINGLY, THAT RURAL CARRIERS, AMONG OTHER CLASSES OF POSTAL EMPLOYEES, WORKING OUT OF POST OFFICES OTHER THAN FIRST-CLASS MAY BE PAID UPON A FEE BASIS FOR DELIVERING SPECIAL-DELIVERY MAIL. DECISION OF AUGUST 2, 1945, B-51146. HOWEVER, THAT DECISION WAS NOT INTENDED TO IMPLY THAT RURAL CARRIERS WORKING OUT OF FIRST-CLASS POST OFFICES COULD NOT BE PAID UPON A FEE BASIS FOR DELIVERING SPECIAL DELIVERY MAIL. THE RURAL DELIVERY SERVICE IS UNDERSTOOD TO BE A SEPARATE AND DISTINCT UNIT OF THE POSTAL SERVICE REGARDLESS OF THE CLASS OF THE POST OFFICE OUT OF THE WHICH THE ROUTES EMANATE. ALSO, IT IS UNDERSTOOD THAT, ORDINARILY, SPECIAL-DELIVERY MESSENGERS WERE NOT USED PRIOR TO JULY 1, 1945, TO DELIVER SPECIAL- DELIVERY MESSAGES ON RURAL ROUTES OUT OF FIRST-CLASS POST OFFICES.

BUT, HOWEVER THAT MAY BE, THE PROVISION OF THE NEW STATUTE ESTABLISHING A SALARY BASIS OF PAYMENT FOR SPECIAL-DELIVERY MESSENGERS AT FIRST-CLASS POST OFFICES DOES NOT APPEAR TO HAVE BEEN INTENDED TO DISTURB THE EXISTING PRACTICE OF AUTHORIZING RURAL CARRIERS WORKING OUT OF FIRST-CLASS POST OFFICES TO DELIVER SPECIAL-DELIVERY MAIL FROM FIRST CLASS OFFICES UPON A FEE BASIS. THEREFORE, QUESTION (6) IS ANSWERED IN THE AFFIRMATIVE.