B-73715, APRIL 6, 1948, 27 COMP. GEN. 600

B-73715, APRIL 6, 1948, 27 COMP. GEN. 600

COMPENSATION - POSTAL SERVICE - INITIAL SALARY RATES - RAILWAY MAIL SERVICE CLERKS IN CHARGE TRANSFERRED TO POSITIONS AS RAILWAY POSTAL CLERKS IN VIEW OF THE PROVISIONS OF SECTION 7 OF THE ACT OF AUGUST 24, 1912, AUTHORIZING THE TRANSFER OF RAILWAY MAIL SERVICE CLERKS TO ANY OTHER CLASSIFICATION IN THE SERVICE, AND THE PROVISIONS OF THE ACT OF MARCH 3, 1917, PRECLUDING THE SALARY REDUCTION OF SUCH CLERKS UPON TRANSFER, RAILWAY MAIL SERVICE CLERKS IN CHARGE, UPON TRANSFER AND REASSIGNMENT TO POSITIONS AS RAILWAY POSTAL CLERKS, MAY BE PAID SALARIES AT THE MAXIMUM ADDITIONAL SALARY GRADE PROVIDED FOR CLERKS IN THE LINE CLASSIFICATION TO WHICH THEY ARE ASSIGNED. 27 COMP. GEN. 68, DISTINGUISHED.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, APRIL 6, 1948:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF FEBRUARY 16, 1948, REFERENCE 24, WITH WHICH YOU FORWARDED COPIES OF FORM 1100, NOTICE OF EXCEPTION, ISSUED BY THE POSTAL ACCOUNTS DIVISION OF THIS OFFICE, CONCERNING SALARY PAYMENTS MADE TO LORAIN F. HAGADORN, AND OTHER RAILWAY POSTAL CLERKS, RAILWAY MAIL SERVICE, TO A POSITION AS CLERK IN A CLASS B LINE AT A SALARY OF $3,600 PER ANNUM, GRADE 14, WHICH IS THE MAXIMUM ADDITIONAL SALARY GRADE PROVIDED FOR A CLERK ON A CLASS B LINE. YOU REQUEST A DECISION AS TO THE CORRECTNESS OF THE AUDIT ACTION AS REFLECTED IN SAID NOTICES OF EXCEPTIONS.

THE BASIS STATED FOR THE EXCEPTIONS IS THE DECISION OF AUGUST 8, 1947, B- 67985, 27 COMP. GEN. 68, WHICH HELD, QUOTING FROM THE SYLLABUS:

SUPERVISORY EMPLOYEES IN FIRST-CLASS POST OFFICES WHO ARE TO BE REASSIGNED TO CLERICAL GRADES BECAUSE OF DECREASE OF POSTAL RECEIPTS OR FOR ANY OTHER REASON MAY NOT, UPON REASSIGNMENT, BE PLACED IN GRADES 12, 13, OR 14 WHICH WERE CREATED BY SECTION 12 (2) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, FOR THE PURPOSE OF PROMOTING THERETO CERTAIN EMPLOYEES WHO HAVE RENDERED PRESCRIBED MINIMUM PERIODS OF FAITHFUL AND MERITORIOUS SERVICE.

IN EFFECT, IT IS URGED IN YOUR LETTER THAT SAID DECISION IS NOT FOR APPLICATION WHERE PERSONS WHO HAVE BEEN ASSIGNED AS CLERKS IN CHARGE IN THE RAILWAY MAIL SERVICE ARE REASSIGNED IN POSITIONS AS RAILWAY POSTAL CLERKS, AND THAT SUCH REASSIGNMENTS LAWFULLY MAY BE MADE TO THE MAXIMUM ADDITIONAL SALARY GRADE PROVIDED FOR THE POSITION TO WHICH ASSIGNED. THAT CONNECTION, AMONG OTHER THINGS, YOU INVITE ATTENTION TO SECTION 7 OF THE ACT OF AUGUST 24, 1912, 37 STAT. 555, 556, 39 U.S.C. 624, AND THE PROVISIONS RELATING TO TRANSFERS OF POSTAL CLERKS CONTAINED IN THE ACT MAKING APPROPRIATIONS FOR THE SERVICE OF THE POST OFFICE DEPARTMENT FOR THE FISCAL YEAR 1918, APPROVED MARCH 3, 1917, 39 STAT. 1065, 39 U.S.C. 632, AS FOLLOWS:

624. SAME; TRANSFER.

A CLERK OF ANY GRADE OF ANY CLASSIFICATION OF RAILWAY POST OFFICES, TERMINAL RAILWAY POST OFFICES, TRANSFER OFFICES, OR IN THE OFFICE OF A DIVISION SUPERINTENDENT OR CHIEF CLERK, MAY BE TRANSFERRED AND ASSIGNED TO ANY CLASSIFICATION OF RAILWAY POST OFFICES, TERMINAL RAILWAY POST OFFICERS, TRANSFER OFFICES, OR TO AN OFFICE OF A DIVISION SUPERINTENDENT OR CHIEF CLERK UNDER SUCH REGULATIONS AS THE POSTMASTER GENERAL MAY DEEM PROPER.

632. TRANSFER; SALARIES NOT REDUCED.

WHEN RAILWAY POSTAL CLERKS ARE TRANSFERRED FROM ONE ASSIGNMENT TO ANOTHER BECAUSE OF CHANGES IN THE SERVICE THEIR SALARIES SHALL NOT BE REDUCED BY REASON OF SUCH CHANGE. ALSO, SEE FARLEY V. ABBETMEIER, 114 F.2D 569, 72 APP. D.C. 260.

IN VIEW OF THE ABOVE PROVISIONS OF LAW, IT IS CONCLUDED THAT THE DECISION REPORTED IN 27 COMP. GEN. 68 IS NOT FOR APPLICATION UNDER THE FACTS PRESENTED, AND THE AUDIT EXCEPTIONS TO WHICH YOU REFER IN YOUR LETTER WILL BE REMOVED.