B-66815, JUNE 25, 1947, 26 COMP. GEN. 951

B-66815, JUNE 25, 1947, 26 COMP. GEN. 951

COMPENSATION - POSTAL SERVICE - AUTOMATIC PROMOTIONS - SERVICE CREDITS - TEMPORARY CUSTODIAL SERVICE EMPLOYEES GIVEN PERMANENT APPOINTMENTS TEMPORARY POSTAL SERVICE EMPLOYEES OF THE CUSTODIAL SERVICE WHO ARE COMPENSATED PURSUANT TO SECTION 14 (1) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, AT THE RESPECTIVE RATES OF GRADE 1 PROVIDED FOR REGULAR EMPLOYEES OF THE CUSTODIAL SERVICE MAY NOT, WHEN GIVEN PERMANENT APPOINTMENTS IMMEDIATELY PRECEDING THEIR PERMANENT APPOINTMENTS TOWARD THE ONE YEAR'S SATISFACTORY SERVICE IN EACH GRADE REQUIRED BY SAID STATUTE FOR AUTOMATIC PROMOTION TO THE NEXT HIGHER GRADE.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, JUNE 25, 1947:

I HAVE YOUR LETTER OF MAY 29, 1947, REFERENCE 47, AS FOLLOWS:

PARAGRAPH "1" OF SECTION 14 OF PUBLIC LAW 134-79TH CONGRESS, PROVIDES THAT TEMPORARY EMPLOYEES IN THE CUSTODIAL SERVICE SHALL BE PAID AT THE RESPECTIVE RATES OF GRADE 1 ESTABLISHED FOR REGULAR EMPLOYEES. PARAGRAPHS "B" THROUGH "K" OF SECTION 14 PROVIDE THAT EMPLOYEES SHALL BE PROMOTED SUCCESSIVELY AT THE BEGINNING OF THE QUARTER FOLLOWING ONE YEAR OF SATISFACTORY SERVICE IN EACH GRADE TO THE NEXT HIGHER GRADE UNTIL THEY REACH THE HIGHEST AUTOMATIC GRADE.

THE CIVIL SERVICE COMMISSION IS NOW IN THE PROCESS OF ESTABLISHING REGISTERS OF ELIGIBLES TO REPLACE TEMPORARY AND WAR SERVICE EMPLOYEES WITH CLASSIFIED EMPLOYEES HAVING A COMPETITIVE STATUS AND A NUMBER OF TEMPORARY EMPLOYEES ARE AS A RESULT BEING APPOINTED PROBATIONALLY FROM CIVIL SERVICE LISTS OF ELIGIBLES. MANY OF THESE TEMPORARY EMPLOYEES HAVE RENDERED A YEAR OR MORE OF SERVICE PRIOR TO PROBATIONAL APPOINTMENT, AND WE ARE DESIROUS OF KNOWING WHETHER THEY MUST SERVE ONE YEAR IN THE GRADE AFTER PROBATIONAL APPOINTMENT BEFORE PROMOTION TO GRADE 2, OR WHETHER THEY SHOULD BE CREDITED IMMEDIATELY WITH THE SERVICE RENDERED IN A TEMPORARY CAPACITY.

FOR EXAMPLE, WE HAVE THE CASE OF AN ELEVATOR OPERATOR WHO WAS APPOINTED TEMPORARILY ON NOVEMBER 15, 1945, AND WHO WAS GIVEN A PROBATIONAL APPOINTMENT TO THE SAME POSITION ON FEBRUARY 15, 1947. GRADE 1 IN THIS POSITION IS $1,800 PER ANNUM. WHEN HE OBTAINED HIS CLASSIFIED COMPETITIVE STATUS HE HAD COMPLETED MORE THAN ONE YEAR OF SATISFACTORY SERVICE IN THE GRADE. SHOULD HE HAVE BEEN APPOINTED AT GRADE 2, THUS GIVING HIM CREDIT FOR THE TIME PREVIOUSLY SERVED IN THE GRADE, ALTHOUGH UNDER TEMPORARY APPOINTMENT; OR SHOULD HE HAVE BEEN APPOINTED AT GRADE 1 AND BEEN GIVEN A TWO GRADE INCREASE ON JANUARY 1, 1948, THE BEGINNING OF THE QUARTER FOLLOWING TWO YEARS OF SATISFACTORY SERVICE IN GRADE 1; OR IS HE REQUIRED TO WORK ONE YEAR IN GRADE 1 UNDER A CLASSIFIED COMPETITIVE APPOINTMENT BEFORE BECOMING ELIGIBLE FOR A PROMOTION TO GRADE 2, THUS DISREGARDING HIS SERVICE UNDER TEMPORARY APPOINTMENT?

SUBSECTIONS (H) AND (1) OF SECTION 14 OF THE POSTAL EMPLOYEES PAY ACT OF 1945, PUBLIC LAW 134, 59 STAT. 449, 450, PROVIDE:

(H) FIREMEN-LABORERS, OILER, WINDOW CLEANERS, ELEVATOR OPERATORS, AND MESSENGERS IN HE CUSTODIAL SERVICE SHALL BE DIVIDED INTO SEVEN GRADES AS FOLLOWS:

CHART GRADE 1 ---------------- $1,400 GRADE 5 ------------------ 1,800 GRADE 2 ---------------- 1,500 GRADE 6 ------------------ 1,900 GRADE 3 -- -------------- 1,600 GRADE 7 ------------------ 2,000 GRADE 4 ------------ ---- 1,700 AND SHALL BE PROMOTED SUCCESSIVELY AT THE BEGINNING OF THE QUARTER FOLLOWING ONE YEAR'S SATISFACTORY SERVICE IN EACH GRADE TO THE NEXT HIGHER GRADE UNTIL THEY REACH THE SEVENTH GRADE.

(1) TEMPORARY EMPLOYEES IN THE CUSTODIAL SERVICE SHALL BE PAID AT THE RESPECTIVE RATES OF PAY OF GRADE 1 PROVIDED HEREIN FOR REGULAR EMPLOYEES.

THE SALARY RATES FIXED IN THE ABOVE SECTION 14 (H) WERE INCREASED BY $400 EACH BY THE ACT OF MAY 21, 1946, PUBLIC LAW 386, 60 STAT. 203.

ELSEWHERE IN THE ABOVE ACT--- WHERE SUBSTITUTE POSITIONS ARE AUTHORIZED-- - IT IS PROVIDED SPECIFICALLY FOR THE PROMOTION OF SUBSTITUTES AND THE SALARY TO BE PAID WHEN THEY ARE GIVEN REGULAR APPOINTMENTS. CREDITS FOR SUBSTITUTE SERVICE ARE FURTHER PROVIDED FOR IN SUBSEQUENT AMENDATORY STATUTES--- SEE ACT OF MARCH 6, 1946, PUBLIC LAW 317, 60 STAT. 35, AND ACT OF APRIL 15, 1947, PUBLIC LAW 35, 61 STAT. 40. BUT I FIND NO PROVISION FOR THE PROMOTION OF TEMPORARY EMPLOYEES OR FOR CREDITING TEMPORARY SERVICE TOWARD GRADE ADVANCES AFTER RECEIPT OF A REGULAR APPOINTMENT. COMP. GEN. 791 (PARTICULARLY PAGE 794). THEREFORE, IT MUST BE CONCLUDED THAT A TEMPORARY CUSTODIAL EMPLOYEE, WHEN GIVEN A PERMANENT APPOINTMENT, IS NOT ENTITLED TO CREDIT FOR SERVICE RENDERED IN HIS TEMPORARY APPOINTMENT IMMEDIATELY PRECEDING HIS PERMANENT APPOINTMENT. HENCE, THE LAST ALTERNATE QUESTION PRESENTED IN THE PENULTIMATE PARAGRAPH OF YOUR LETTER IS ANSWERED IN THE AFFIRMATIVE, AND THE OTHER ALTERNATE QUESTIONS, IN THE NEGATIVE.