B-73212, APRIL 9, 1948, 27 COMP. GEN. 618

B-73212: Apr 9, 1948

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IS TRANSFERRED FOR PERMANENT DUTY TO THAT STATION OR TO ONE OTHER THAN HIS ORIGINAL STATION. AS FOLLOWS: THE FOLLOWING INFORMATION IS SUBMITTED FOR YOUR CONSIDERATION AND DECISION. APPOINTMENTS AS POST OFFICE INSPECTOR ARE GIVEN TO SELECTED EMPLOYEES IN OTHER BRANCHES OF THE POSTAL SERVICE ON A TRIAL BASIS OF SIX MONTHS. SUCH APPOINTMENTS ARE USUALLY MADE AT THE PLACE WHERE THE APPLICANT IS THEN EMPLOYED AND WHERE HE RECEIVES HIS INITIAL INSTRUCTIONS AND EQUIPMENT. THE INSPECTOR IS THEREAFTER TRANSFERRED TO SOME OTHER POINT FOR FIELD TRAINING. PROVIDED THAT THE TRANSFER IS NOT MADE PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE EMPLOYEE OR AT HIS REQUEST. A NEWLY-APPOINTED INSPECTOR IS.

B-73212, APRIL 9, 1948, 27 COMP. GEN. 618

TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS - TRANSFER FOR PERMANENT DUTY WHILE AT TEMPORARY DUTY STATION IN THE CASE OF A POSTAL SERVICE EMPLOYEE WHO, WHILE AT A TEMPORARY DUTY STATION FOR TRAINING AS A POST OFFICE INSPECTOR, IS TRANSFERRED FOR PERMANENT DUTY TO THAT STATION OR TO ONE OTHER THAN HIS ORIGINAL STATION, TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS FROM THE OLD TO THE NEW PERMANENT STATION MAY BE AUTHORIZED UNDER SECTION 1 (A) OF THE ADMINISTRATIVE EXPENSE STATUTE OF AUGUST 2, 1946, AND EXECUTIVE ORDER NO. 9805 PROMULGATED THEREUNDER, IN THE ORDER DIRECTING THE TRAVEL OR, IF NO TRAVEL BE INVOLVED, IN THE ORDER DIRECTING THE TRANSFER--- PROVIDED THE AUTHORIZATION BE ISSUED PRIOR TO THE EFFECTIVE DATE OF THE TRANSFER.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, APRIL 9, 1948:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JANUARY 27, 1948, REFERENCE 3, AS FOLLOWS:

THE FOLLOWING INFORMATION IS SUBMITTED FOR YOUR CONSIDERATION AND DECISION.

APPOINTMENTS AS POST OFFICE INSPECTOR ARE GIVEN TO SELECTED EMPLOYEES IN OTHER BRANCHES OF THE POSTAL SERVICE ON A TRIAL BASIS OF SIX MONTHS, WHICH MAY BE EXTENDED TO NOT EXCEED ONE YEAR. SUCH APPOINTMENTS ARE USUALLY MADE AT THE PLACE WHERE THE APPLICANT IS THEN EMPLOYED AND WHERE HE RECEIVES HIS INITIAL INSTRUCTIONS AND EQUIPMENT. THE INSPECTOR IS THEREAFTER TRANSFERRED TO SOME OTHER POINT FOR FIELD TRAINING. IF HE SUCCESSFULLY COMPLETES HIS TRIAL PERIOD AND RECEIVES A PERMANENT APPOINTMENT, HE MAY OR MAY NOT REMAIN AT THE POINT WHERE HE COMPLETED HIS TRAINING.

SECTION 1, PUBLIC LAW 600 (79TH CONGRESS--- 2ND SESSION), AUTHORIZES THE PAYMENT OF THE TRANSPORTATION EXPENSES OF THE EMPLOYEE, HIS FAMILY, AND HIS HOUSEHOLD EFFECTS ON TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY, PROVIDED THAT THE TRANSFER IS NOT MADE PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE EMPLOYEE OR AT HIS REQUEST. IN ACCORDANCE WITH THIS LAW, AND FOR THE PROTECTION OF THE EMPLOYEE'S RIGHTS THEREUNDER, THE PRACTICE HAS BEEN FOLLOWED OF AUTHORIZING SUCH EXPENSES IN THE ORDER DIRECTING EACH TRANSFER. A NEWLY-APPOINTED INSPECTOR IS, HOWEVER, INSTRUCTED THAT UNDER NO CIRCUMSTANCES SHALL HE MOVE HIS FAMILY OR HOUSEHOLD EFFECTS UNTIL HE HAS SUCCESSFULLY COMPLETED HIS PROBATIONARY PERIOD. IN VIEW OF THIS ADMINISTRATIVE RESTRICTION, THE INCLUSION OF THE AUTHORIZATION FOR PAYMENT OF MOVING EXPENSES IN THE TRANSFER ORDER IS CONSIDERED UNNECESSARY.

IT IS DESIRED TO EMPHASIZE THAT AT THE TIME A TRAINEE IS TRANSFERRED FOR FIELD TRAINING, IT IS NOT KNOWN WHETHER HE WILL RECEIVE A PERMANENT APPOINTMENT, NOR IS IT KNOWN AT THAT TIME WHERE HE WILL BE EMPLOYED PERMANENTLY IF HE SUCCESSFULLY COMPLETES THE TRIAL PERIOD. THE ORDER DIRECTING THE TRANSFER FOR TRAINING PURPOSES COULD BE WORDED TO SHOW THAT IT WAS FOR TEMPORARY EMPLOYMENT. IF HE LATER RECEIVED A PERMANENT APPOINTMENT, A SUBSEQUENT ORDER COULD THEN BE ISSUED TRANSFERRING HIM FOR PERMANENT DUTY AND AUTHORIZING THE PAYMENT OF THE EXPENSES OF TRANSPORTATION OF HIS FAMILY AND HOUSEHOLD EFFECTS. IT IS BELIEVED THAT THIS WOULD BE IN/COMPLIANCE WITH PUBLIC LAW 600, WHICH PROVIDES FOR PAYMENT OF SUCH EXPENSES WHERE THE TRANSFER IS MADE FOR PERMANENT DUTY.

EXAMPLE: AN INSPECTOR IS INITIALLY APPOINTED AT NEW ORLEANS,LOUISIANA, HIS RESIDENCE AND PLACE OF EMPLOYMENT. AFTER SUCCESSFULLY COMPLETING HIS PROBATIONARY PERIOD HE RECEIVES A PERMANENT APPOINTMENT AND IS TRANSFERRED TO ST. PAUL, MINNESOTA, FOR PERMANENT DUTY.

QUESTION 1. IF THE ORDER TRANSFERRING HIM FROM NEW ORLEANS TO ST. LOUIS STATED THAT THE TRANSFER WAS FOR TEMPORARY DUTY AND THE ORDER TRANSFERRING HIM FROM ST. LOUIS TO ST. PAUL STATED THAT THE TRANSFER WAS FOR PERMANENT DUTY, COULD THE LATTER ORDER AUTHORIZE THE PAYMENT OF TRANSPORTATION EXPENSES OF HIS FAMILY AND HOUSEHOLD EFFECTS FROM NEW ORLEANS TO ST. PAUL?

QUESTION 2. AT THE TIME OF RECEIVING A PERMANENT APPOINTMENT IF IT WAS DECIDED THAT HE SHOULD REMAIN AT ST. LOUIS FOR PERMANENT DUTY, COULD AN ORDER THEN BE ISSUED AUTHORIZING THE PAYMENT OF TRANSPORTATION EXPENSES OF HIS FAMILY AND HOUSEHOLD EFFECTS FROM NEW ORLEANS TO ST. LOUIS?

QUESTION 3. IF THE ORDER TRANSFERRING HIM TO ST. LOUIS SPECIFIES TEMPORARY DUTY, WOULD IT BE NECESSARY TO ALSO AUTHORIZE THEREIN THE PAYMENT OF THE EMPLOYEE'S OWN TRANSPORTATION EXPENSES SINCE THE TRANSFER IS NOT FOR PERMANENT DUTY UNDER THE PROVISIONS OF PUBLIC LAW 600?

IT IS ASSUMED THAT SO FAR AS IT PERTAINS TO EXPENSES OF TRANSFER OF STATION THE EXAMPLE PRESENTED IN YOUR LETTER RELATES TO THE CASE OF AN EMPLOYEE "TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER * * * FOR PERMANENT DUTY" WITHIN THE MEANING OF THAT TERM AS USED IN SECTION 1 (A) OF THE ACT OF AUGUST 2, 1946, PUBLIC LAW 600, 60 STAT. 806--- AS DISTINGUISHED FROM AN ORIGINAL APPOINTMENT--- AND THE CONCLUSIONS STATED HEREIN ARE PREDICATED UPON THAT BASIS.

EXECUTIVE ORDER 9805, DATED NOVEMBER 25, 1946, PROMULGATED BY THE PRESIDENT PURSUANT TO THE AUTHORITY CONFERRED UPON HIM BY SECTION 1 (A) OF PUBLIC LAW 600, SUPRA, PROVIDES, INTER ALIA, THAT UPON TRANSFER OF AN EMPLOYEE FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY THE EXPENSES OF TRAVEL FOR HIMSELF AND THE EXPENSES OF TRANSPORTATION OF HIS IMMEDIATE FAMILY AND HOUSEHOLD EFFECTS SHALL BE ALLOWED AND PAID FROM GOVERNMENT FUNDS "WHEN AUTHORIZED, IN THE ORDER DIRECTING THE TRAVEL.' ITALICS SUPPLIED.) IN CONSTRUING THAT RESTRICTION, IT WAS HELD IN DECISION OF NOVEMBER 24, 1947, B-70535, 27 COMP. GEN. 294, THAT WHERE AN EMPLOYEE ALREADY IS AT HIS NEW HEADQUARTERS PERFORMING TEMPORARY DUTY AT THE TIME HIS TRANSFER OF STATION IS ORDERED THE TRANSPORTATION OF HIS DEPENDENTS AND HOUSEHOLD EFFECTS MAY BE AUTHORIZED IN THE ORDER DIRECTING THE TRANSFER OF OFFICIAL STATION EVEN THOUGH NO TRAVEL ON THE PART OF THE EMPLOYEE IS INVOLVED IN THE TRANSFER. ALSO, SEE 27 COMP. GEN. 97, COVERING GENERALLY THE SAME POINT.

WHERE AN EMPLOYEE IN THE POSTAL SERVICE REPORTS TO A TEMPORARY POST OF DUTY FOR FIELD TRAINING AS A POST OFFICE INSPECTOR WITH THE EXPECTATION THAT IF HE SUCCESSFULLY COMPLETES THE TRAINING OR TRIAL PERIOD HE WILL RECEIVE A PERMANENT APPOINTMENT TO SUCH POSITION AT THE SAME PLACE WHERE HE IS PERFORMING TEMPORARY DUTY OR SOME OTHER LOCATION, NO PERMANENT TRANSFER OF DUTY STATION WITHIN THE MEANING OF THE ACT OR EXECUTIVE ORDER IS INVOLVED AND NO AUTHORIZATION FOR TRANSFER OF HIS DEPENDENTS AND HOUSEHOLD EFFECTS IS FOR CONSIDERATION AT THAT TIME. HOWEVER, IF AT THE DATE HIS APPOINTMENT AS A POST OFFICE INSPECTOR IS MADE PERMANENT IT BE DESIRED TO TRANSFER THE EMPLOYEE FROM HIS OLD OFFICIAL STATION TO A NEW OFFICIAL STATION--- LOCATED AT THE PLACE WHERE HE IS ON TEMPORARY DUTY OR SOME OTHER LOCATION--- FOR PERMANENT DUTY, IT WOULD BE PROPER TO INCLUDE AN AUTHORIZATION FOR TRANSPORTATION OF HIS DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FROM HIS OLD TO HIS NEW PERMANENT HEADQUARTERS IN THE ORDER DIRECTING THE TRAVEL OR, IF NO TRAVEL OF THE EMPLOYEE BE INVOLVED, IN THE ORDER DIRECTING THE TRANSFER. ACCORDINGLY, QUESTION 1 IS ANSWERED IN THE AFFIRMATIVE. QUESTION 2 ALSO IS ANSWERED IN THE AFFIRMATIVE WITH THE CAUTION THAT THE AUTHORIZATION FOR THE INVOLVED EXPENSES MUST BE ISSUED PRIOR TO THE TIME THE EMPLOYEE'S TRANSFER OF STATION BECOMES EFFECTIVE. 27 COMP. GEN. 128; ID. 294, 296.

WITH RESPECT TO YOUR FINAL QUESTION, YOU ARE ADVISED THAT WHILE PUBLIC LAW 600 IS NOT APPLICABLE TO SUCH TRAVEL PARAGRAPH 5 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES THAT ALL TRAVEL PERFORMED UNDER THOSE REGULATIONS "SHALL BE EITHER AUTHORIZED OR APPROVED IN WRITING" BY THE HEAD OF THE DEPARTMENT OR INDEPENDENT ESTABLISHMENT CONCERNED, OR BY AN OFFICIAL TO WHOM SUCH AUTHORITY HAS BEEN PROPERLY DELEGATED. THE QUESTION IS ANSWERED ACCORDINGLY.