B-86627, AUGUST 5, 1949, 29 COMP. GEN. 61

B-86627: Aug 5, 1949

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WHO WAS TRANSFERRED FROM A REGULAR POSITION TO A SUBSTITUTE POSITION FOR WHICH AUTOMATIC PROMOTIONS ARE PROVIDED BY THE ACT OF APRIL 15. IS ENTITLED UNDER THE ACT OF JUNE 19. TRANSFERRED FROM THE MAXIMUM AUTOMATIC GRADE IN A TERMINAL OFFICE TO A CLASS B LINE POSITION IN THE SAME GRADE WHICH WAS NOT THE MAXIMUM AUTOMATIC GRADE FOR SUCH SERVICE. IS NOT ENTITLED. IS REQUIRED UNDER SECTION 16 (C) OF THE ACT OF JULY 6. IT IS STATED THAT A RAILWAY POSTAL CLERK. WHEN SUCH MAXIMUM AUTOMATIC GRADE WAS RECLASSIFIED TO GRADE 11 PURSUANT TO THE PROVISIONS OF SECTION 16 (C) AND 23 OF THE ACT OF JULY 6. WAS ASSIGNED TO A POSITION AS A SUBSTITUTE RAILWAY POSTAL CLERK. THE EMPLOYEE WAS PROMOTED TO GRADE 12 UPON THE BASIS OF THREE YEARS OF FAITHFUL AND MERITORIOUS SERVICE IN GRADE 11.

B-86627, AUGUST 5, 1949, 29 COMP. GEN. 61

COMPENSATION - POSTAL SERVICE - PROMOTIONS - SERVICE CREDITS A RAILWAY POSTAL CLERK, GRADE 11, CLASS B LINE, WHO WAS TRANSFERRED FROM A REGULAR POSITION TO A SUBSTITUTE POSITION FOR WHICH AUTOMATIC PROMOTIONS ARE PROVIDED BY THE ACT OF APRIL 15, 1947, AND WHO SERVED UNTIL REAPPOINTED TO A REGULAR POSITION, GRADE 11, CLASS B LINE, IS ENTITLED UNDER THE ACT OF JUNE 19, 1948, AUTHORIZING THE CREDITING OF ALL SATISFACTORY SERVICE TO ESTABLISH ELIGIBILITY FOR PROMOTION IN A POSITION TO WHICH TRANSFERRED, TO COUNT ALL SATISFACTORY SERVICE IN THE SUBSTITUTE POSITION, TOGETHER WITH SERVICE IN THE REGULAR POSITION, TOWARD THE THREE YEARS REQUIRED FOR PROMOTION FROM GRADE 11 TO THE ADDITIONAL MERITORIOUS GRADE 12. A RAILWAY POSTAL CLERK WHO, PRIOR TO JULY 1, 1948, TRANSFERRED FROM THE MAXIMUM AUTOMATIC GRADE IN A TERMINAL OFFICE TO A CLASS B LINE POSITION IN THE SAME GRADE WHICH WAS NOT THE MAXIMUM AUTOMATIC GRADE FOR SUCH SERVICE, AND WHO RECEIVED AN AUTOMATIC PROMOTION IN THE LATTER POSITION, IS NOT ENTITLED, BY REASON OF SUCH PROMOTION, TO COUNT SERVICE IN THE FORMER POSITION, AS AUTHORIZED BY THE SERVICE CREDIT TRANSFER PROVISIONS OF THE ACT OF JUNE 19, 1948, TOWARD AUTOMATIC PROMOTION IN THE CLASS B LINE POSITION, BUT IS REQUIRED UNDER SECTION 16 (C) OF THE ACT OF JULY 6, 1945, TO WAIT A YEAR FROM THE DATE OF HIS LAST PROMOTION FOR AUTOMATIC PROMOTION TO THE NEXT HIGHER GRADE.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, AUGUST 5, 1949:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MAY 26, 1949, REFERENCE 24, REQUESTING A DECISION AS TO THE APPLICATION OF THE ACT OF JUNE 19, 1948, PUBLIC LAW 674, 62 STAT. 484, TO TWO SPECIFIC CASES SET OUT BELOW.

AS TO THE FIRST CASE, IT IS STATED THAT A RAILWAY POSTAL CLERK, CLASS B LINE, SERVED IN GRADE 5, THE MAXIMUM AUTOMATIC GRADE FOR SUCH POSITION, FROM JANUARY 1, 1932, TO JULY 1, 1945, WHEN SUCH MAXIMUM AUTOMATIC GRADE WAS RECLASSIFIED TO GRADE 11 PURSUANT TO THE PROVISIONS OF SECTION 16 (C) AND 23 OF THE ACT OF JULY 6, 1945, PUBLIC LAW 134, 59 STAT. 451 AND 59 STAT. 460; THAT ON OCTOBER 1, 1945, HE TRANSFERRED AS A GRADE 11 RAILWAY POSTAL CLERK FROM ATLANTA, GA., TO SEATTLE, WASH., AND WAS ASSIGNED TO A POSITION AS A SUBSTITUTE RAILWAY POSTAL CLERK, GRADE 9, THE MAXIMUM GRADE PROVIDED FOR SUCH POSITION UNDER SECTION 16 (K), PUBLIC LAW 134, 59 STAT. 453; AND THAT THE EMPLOYEE SERVED SATISFACTORILY IN GRADE 9 UNTIL REAPPOINTED TO A REGULAR POSITION, GRADE 11, CLASS B LINE, EFFECTIVE JULY 1, 1946. EFFECTIVE APRIL 1, 1949, THE EMPLOYEE WAS PROMOTED TO GRADE 12 UPON THE BASIS OF THREE YEARS OF FAITHFUL AND MERITORIOUS SERVICE IN GRADE 11, THAT IS, 3 MONTHS AT THE ATLANTA OFFICE, JULY 1 TO OCTOBER 1, 1945, AND 33 MONTHS AT THE SEATTLE OFFICE, JULY 1, 1946, TO APRIL 1, 1949. UNDER THOSE FACTS, YOU REQUEST A DECISION AS TO WHETHER THE SERVICE AS A SUBSTITUTE RAILWAY POSTAL CLERK, GRADE 9, FROM OCTOBER 1, 1945, TO JULY 1, 1946, SHOULD HAVE BEEN COUNTED UNDER PUBLIC LAW 674, TOGETHER WITH HIS GRADE 11 SERVICE, FOR THE FAITHFUL AND MERITORIOUS SERVICE REQUIRED BY SECTION 16 (C) OF PUBLIC LAW 134, 59 STAT. 451, FOR PROMOTION FROM GRADE 11 TO GRADE 12 SO AS TO MAKE HIS PROMOTION TO GRADE 12 EFFECTIVE ON JULY 1, 1948, INSTEAD OF APRIL 1, 1949.

AUTHORITY FOR CREDITING SERVICE PERFORMED BY POSTAL SERVICE EMPLOYEES IN ONE POSITION TOWARD ELIGIBILITY FOR PROMOTION IN ANOTHER POSITION IS CONTAINED IN SECTION 1, PUBLIC LAW 674, 62 STAT. 484, PROVIDING, IN PART, THAT A POSTAL SERVICE EMPLOYEE TRANSFERRED FROM THE POSITION FOR WHICH AUTOMATIC PROMOTIONS ARE PROVIDED TO ANOTHER POSITION IN THE POSTAL SERVICE SHALL, FOR PURPOSES OF ESTABLISHING ELIGIBILITY FOR PROMOTION IN THE POSITION TO WHICH TRANSFERRED,"BE CREDITED WITH ALL SATISFACTORY SERVICE SINCE HIS LAST AUTOMATIC PROMOTION.' SECTION 2 OF PUBLIC LAW 674, 62 STAT. 485, PROVIDES THAT ANY EMPLOYEE SHALL BE ELIGIBLE FOR PROMOTION IN HIS NEW POSITION AFTER COMPLETING SERVICE IN SUCH POSITION, WHICH, WHEN ADDED TO THE PRIOR SERVICE FOR WHICH CREDIT IS PROVIDED BY SECTION 1 OF THE ACT, GIVES SUFFICIENT SERVICE FOR A PROMOTION IN THE NEW POSITION. AUTOMATIC PROMOTIONS FOR SUBSTITUTE EMPLOYEES OF THE POSTAL SERVICE ON THE BASIS OF ONE-TWELFTH OF A YEAR FOR EACH WHOLE CALENDAR MONTH THAT THE SUBSTITUTE HAS BEEN ON THE ROLLS AS A SUBSTITUTE ARE PROVIDED BY SECTIONS 1 AND 2 OF THE ACT OF APRIL 15, 1947, PUBLIC LAW 35, 61 STAT. 40.

ACCORDINGLY, SINCE THE EMPLOYEE'S SERVICE AS A SUBSTITUTE RAILWAY POSTAL CLERK, GRADE 9, WAS IN A POSITION FOR WHICH AUTOMATIC PROMOTIONS ARE PROVIDED BY PUBLIC LAW 35 THE EMPLOYEE IS ENTITLED UNDER PUBLIC LAW 674 TO COUNT SUCH SERVICE, TOGETHER WITH THE SERVICE IN GRADE 11 AS A REGULAR RAILWAY POSTAL CLERK, TOWARD THE THREE YEARS REQUIRED FOR PROMOTION FROM GRADE 11 TO THE ADDITIONAL MERITORIOUS GRADE 12. THUS, YOUR FIRST QUESTION IS ANSWERED IN THE AFFIRMATIVE. SEE DECISION DATED APRIL 14, 1949, B-82913, 28 COMP. GEN. 573, REFERRED TO IN YOUR LETTER, AND, COMPARE 28 COMP. GEN. 129, QUESTIONS AND ANSWERS 2 AND 5; 28 COMP. GEN. 213.

AS TO THE SECOND CASE, IT IS STATED THAT, ON JULY 1, 1941, THE EMPLOYEE WAS PROMOTED TO THE POSITION OF REGULAR RAILWAY POSTAL CLERK IN A TERMINAL OFFICE, GRADE 4, THE MAXIMUM AUTOMATIC GRADE FOR SUCH POSITION AT THAT TIME. ON JULY 1, 1945, GRADE 4 WAS RECLASSIFIED TO GRADE 9 UNDER SECTION 16 (D) AND 23 OF PUBLIC LAW 134, 59 STAT. 452 AND 59 STAT. 460, AND THE EMPLOYEE CONTINUED TO SERVE IN THE SAME POSITION UNTIL TRANSFERRED ON SEPTEMBER 1, 1947, TO A CLASS B LINE AT THE SAME GRADE, GRADE 9. RECEIVED AN AUTOMATIC PROMOTION TO GRADE 10 ON OCTOBER 1, 1947. UNDER SUCH CIRCUMSTANCES, YOU REQUEST A DECISION AS TO WHETHER, UNDER SECTION 4 OF PUBLIC LAW 674, 62 STAT. 485, THE EMPLOYEE'S AUTOMATIC PROMOTION ON OCTOBER 1, 1947, WOULD PREVENT HIS BEING PROMOTED TO GRADE 11, JULY 1, 1948, OR WHETHER IT WAS PROPER TO REQUIRE HIM TO WAIT UNTIL OCTOBER 1, 1948, A YEAR FROM THE DATE OF HIS LAST AUTOMATIC PROMOTION. SECTION 4 OF PUBLIC LAW 674 EXTENDS THE BENEFITS OF THE ACT TO AN EMPLOYEE WHO TRANSFERRED PRIOR TO THE DATE OF ENACTMENT OF THE ACT AND ,WHO HAS NOT RECEIVED A PROMOTION IN HIS NEW POSITION SINCE SUCH TRANSFER.'

IN THE PRESENT CASE THE EMPLOYEE TRANSFERRED FROM A TERMINAL OFFICE TO A CLASS B LINE ON SEPTEMBER 1, 1947, AND WAS GIVEN AN AUTOMATIC PROMOTION ON OCTOBER 1, 1947. IN OTHER WORDS, THE EMPLOYEE HAS BEEN GRANTED AN AUTOMATIC PROMOTION AFTER HIS TRANSFER. WHILE IT IS NOTED, AS POINTED OUT IN YOUR LETTER, THAT EMPLOYEES WHO ARE TRANSFERRED FROM TERMINALS TO CLASS B LINES AND TRANSFER OFFICES ON AND AFTER JULY 1, 1948, WITH CREDITS FOR PAST SERVICE IN ACCORDANCE WITH SECTIONS 1 AND 2 OF PUBLIC LAW 674, MAY BE PLACED IN HIGHER GRADES AHEAD OF CLERKS WITH GREATER SERVICE CREDITS WHO WERE TRANSFERRED AND GIVEN A PROMOTION IN THE POSITION TO WHICH TRANSFERRED DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF PUBLIC LAW 674, NEVERTHELESS, ANY EMPLOYEE WHO RECEIVED A PROMOTION IN HIS NEW POSITION TO WHICH TRANSFERRED PRIOR TO PUBLIC LAW 674, CLEARLY IS EXCLUDED BY THE PROVISIONS OF SECTION 4 FROM ANY BENEFITS INCIDENT TO SUCH TRANSFER.

ACCORDINGLY, THE RAILWAY POSTAL CLERK HERE INVOLVED, WHO TRANSFERRED FROM A TERMINAL OFFICE TO A CLASS B LINE AT GRADE 9 ON SEPTEMBER 1, 1947, AND WHO RECEIVED AN AUTOMATIC PROMOTION TO GRADE 10 ON OCTOBER 1, 1947, IS NOT ENTITLED TO ANY BENEFITS UNDER PUBLIC LAW 674 INCIDENT TO SUCH TRANSFER, BUT IS REQUIRED, UNDER SECTION 16 (C), PUBLIC LAW 134, TO WAIT UNTIL OCTOBER 1, 1948, FOR PROMOTION TO GRADE 11, A YEAR FROM THE DATE OF HIS LAST AUTOMATIC PROMOTION.