MARCH 21, 1923, 2 COMP. GEN. 586

MARCH 21, 1923, 2 COMP. GEN. 586

AUTOMATIC PROMOTION OF SUBSTITUTE RAILWAY POSTAL CLERKS RAILWAY POSTAL CLERKS RENDERED SURPLUS BY THE REORGANIZATION OF THE SERVICE AND THEREAFTER CARRIED AS SUBSTITUTE CLERKS MAY NOT WHILE SO SERVING AS SUBSTITUTE BE PROMOTED ABOVE GRADE 2, BUT IF RECEIVING THE PAY OF A HIGHER GRADE AT THE DATE THEY BECAME SURPLUS THEY MAY CONTINUE IN RECEIPT OF THE HIGHER PAY WHILE PERFORMING ACTUAL SERVICE AS SUBSTITUTE.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, MARCH 21, 1923:

I HAVE YOUR LETTER OF MARCH 10, 1923, AS FOLLOWS:

THE POSTAL APPROPRIATION ACT, APPROVED AUGUST 24, 1912, 37 STAT., 555, CONTAINS THE FOLLOWING LEGISLATION PERTAINING TO THE PROMOTION OF RAILWAY POSTAL CLERKS:

"THE POSTMASTER GENERAL SHALL CLASSIFY AND FIX THE SALARIES OF RAILWAY POSTAL CLERKS, UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE, IN THE GRADES PROVIDED BY LAW; AND FOR THE PURPOSE OF ORGANIZATION AND OF ESTABLISHING MAXIMUM GRADES TO WHICH PROMOTIONS MAY BE MADE SUCCESSIVELY AS HEREINAFTER PROVIDED, HE SHALL CLASSIFY RAILWAY POST OFFICES, TERMINAL RAILWAY POST OFFICES, AND TRANSFER OFFICES WITH REFERENCE TO THEIR CHARACTER AND IMPORTANCE IN THREE CLASSES, WITH SALARY GRADES AS FOLLOWS: CLASS A, NINE HUNDRED DOLLARS TO ONE THOUSAND TWO HUNDRED DOLLARS; CLASS B, NINE HUNDRED DOLLARS TO ONE THOUSAND THREE HUNDRED DOLLARS; AND CLASS C, NINE HUNDRED DOLLARS TO ONE THOUSAND FIVE HUNDRED DOLLARS. HE MAY ASSIGN TO THE OFFICES OF DIVISION SUPERINTENDENTS AND CHIEF CLERKS SUCH RAILWAY POSTAL CLERKS AS MAY BE NECESSARY AND FIX THEIR SALARIES WITHIN THE GRADES PROVIDED BY LAW WITHOUT REGARD TO THE CLASSIFICATION OF RAILWAY POST OFFICES.

"AFTER SEPTEMBER THIRTIETH, NINETEEN HUNDRED AND TWELVE, CLERKS IN CLASS A SHALL BE PROMOTED SUCCESSIVELY TO GRADE THREE, CLERKS IN CLASS B SHALL BE PROMOTED SUCCESSIVELY TO GRADE FOUR, AND CLERKS IN CLASS C SHALL BE PROMOTED SUCCESSIVELY TO GRADE FIVE, AT THE BEGINNING OF THE QUARTER FOLLOWING THE EXPIRATION OF A YEAR'S SATISFACTORY SERVICE IN THE NEXT LOWER GRADE. PROMOTIONS ABOVE THESE GRADES WITHIN THE MAXIMUM GRADES OF THE CLASSIFICATION MAY BE MADE IN THE DISCRETION OF THE POSTMASTER GENERAL FOR MERITORIOUS SERVICE. NO PROMOTION SHALL BE MADE EXCEPT UPON EVIDENCE SATISFACTORY TO THE POST OFFICE DEPARTMENT OF THE EFFICIENCY AND FAITHFULNESS OF THE EMPLOYEE DURING THE PRECEDING YEAR.'

AS NO SPECIFIC PROVISION WAS MADE FOR THE CLASSIFICATION AND PROMOTION OF SURPLUS CLERKS--- THAT IS, CLERKS WHO ARE RELEASED FROM LINES AND OFFICES BY REASON OF DISCONTINUANCE OF SERVICE, REDUCTION OF FORCE, ETC., TO WORK AS SUBSTITUTES WHEREVER THEIR SERVICES ARE NEEDED -- A RULE WAS ADOPTED IN 1917, PROVIDING THAT THEY COULD BE PROMOTED ONLY TO THE MAXIMUM SUCCESSIVE GRADE OF THE LOWEST CLASSIFICATION. THIS RULE IS STILL IN EFFECT. UNDER IT A SURPLUS CLERK MAY NOW BE PROMOTED SUCCESSIVELY TO GRADE 3.

CERTAIN CLERKS CONTEND THAT UNDER THE FOLLOWING PASSAGES OF THE POSTAL RECLASSIFICATION ACT OF JUNE 5, 1920, THEY ARE ENTITLED TO PROMOTION ABOVE GRADE 3:

"FOR THE PURPOSE OF ORGANIZATION AND ESTABLISHING MAXIMUM GRADES TO WHICH PROMOTIONS MAY BE MADE SUCCESSIVELY, AS HEREIN PROVIDED, RUNS NOW IN CLASS A AND ALL TERMINAL RAILWAY POST OFFICES AND TRANSFER OFFICES SHALL BE PLACED IN CLASS A, AND THE REMAINDER IN CLASS B.

"ROAD CLERKS SHALL BE PROMOTED SUCCESSIVELY TO GRADE THREE FOR CLERKS, AND TO GRADE FOUR FOR CLERKS IN CHARGE OF CLASS A, AND TO GRADE FIVE FOR CLERKS AND TO GRADE SIX FOR CLERKS IN CHARGE OF CLASS B.

"TERMINAL RAILWAY POST OFFICE AND TRANSFER CLERKS SHALL BE PROMOTED SUCCESSIVELY TO GRADE THREE FOR CLERKS OF WHOM GENERAL SCHEME DISTRIBUTION IS NOT REQUIRED; AND TO GRADE FOUR FOR CLERKS OF WHOM GENERAL SCHEME DISTRIBUTION IS REQUIRED, AND FOR CLERKS IN CHARGE TO GRADE FIVE IN TERMINALS OR TOURS OR CREWS IN TERMINALS CONSISTING OF NOT MORE THAN NINETEEN CLERKS OR IN TRANSFER OFFICES OR TOURS IN TRANSFER OFFICES OF NOT MORE THAN FOUR CLERKS, AND TO GRADE SIX IN TERMINALS OR TOURS OR CREWS IN TERMINALS CONSISTING OF TWENTY OR MORE CLERKS AND IN TRANSFER OFFICES OR TOURS IN TRANSFER OFFICES OF FIVE OR MORE CLERKS.

"ALL CLERKS ASSIGNED TO THE OFFICE OF DIVISION SUPERINTENDENTS OR CHIEF CLERKS OFFICES SHALL BE PROMOTED SUCCESSIVELY TO GRADE THREE, AND IN THE OFFICE OF DIVISION SUPERINTENDENT FOUR CLERKS MAY BE PROMOTED ONE GRADE PER ANNUM TO GRADE FOUR, FOUR CLERKS TO GRADE FIVE, AND FOUR CLERKS TO GRADE SIX, AND IN THE OFFICE OF CHIEF CLERKS ONE CLERK MAY BE PROMOTED ONE GRADE PER ANNUM TO GRADE FOUR, ONE CLERK TO GRADE FIVE, AND ONE CLERK TO GRADE SIX.

"PROMOTIONS SHALL BE MADE SUCCESSIVELY AT THE BEGINNING OF THE QUARTER FOLLOWING A YEAR'S SATISFACTORY SERVICE IN THE NEXT LOWER GRADE.'

CLERKS ASSIGNED TO LINES, TERMINALS, TRANSFER OFFICES, AND OFFICES OF CHIEF CLERKS AND SUPERINTENDENTS ARE PROVIDED FOR, BUT IT APPEARS NO PROVISION IS MADE FOR THE CLERKS WHO ARE NOT ASSIGNED TO ANY PARTICULAR ORGANIZATION (SURPLUS CLERKS). THE FOLLOWING CASE IS CITED AS AN EXAMPLE:

CLERK LEWIS V. BOGY, OF THE ST. LOUIS AND LITTLE ROCK R.P.O., WAS PROMOTED TO GRADE 4 JULY 1, 1921, AS A CLERK IN CLASS B TRAINS. COMPLETED A YEAR OF SATISFACTORY SERVICE IN GRADE 4 JUNE 30, 1922, BUT THE NEXT DAY, JULY 1, 1922, WHEN DUE TO BE CONSIDERED FOR PROMOTION TO GRADE 5, HE BECAME A SURPLUS CLERK, DUE TO REORGANIZATION OF SERVICE. FOR THAT REASON THE PROMOTION TO GRADE 5 WAS WITHHELD. HE CLAIMS THAT HE SHOULD BE PROMOTED BECAUSE HE HAD COMPLETED A YEAR OF SATISFACTORY SERVICE IN GRADE 4 BEFORE BECOMING SURPLUS. I WOULD LIKE TO BE INFORMED WHETHER THE PROMOTION SHOULD BE MADE.

ANOTHER CLERK WAS PROMOTED TO GRADE 3 IN CLASS B TRAINS JULY 1, 1921, AND BECAME SURPLUS JUNE 1, 1922. HIS PROMOTION TO GRADE 4 WAS WITHHELD JULY 1, 1922, BECAUSE HE WAS ON THE SURPLUS LIST. SHOULD THIS PROMOTION BE MADE?

THE POSTAL SERVICE RECLASSIFICATION ACT OF JUNE 5, 1920, 41 STAT., 1050, PROVIDED THAT RAILWAY POSTAL CLERKS BE DIVIDED INTO TWO CLASSES, CLASS A AND CLASS B, AND INTO SIX GRADES AS FOLLOWS: GRADE 1, SALARY, $1,600; GRADE 2, SALARY, $1,700; GRADE 3, SALARY, $1,800; GRADE 4, SALARY, $2,000; GRADE 5, SALARY, $2,150; GRADE 6, SALARY, $2,300. THE PROVISIONS OF SAID ACT AS QUOTED IN YOUR LETTER PRESCRIBE THE CLASS TO WHICH CLERKS IN THE VARIOUS BRANCHES OF THE SERVICE, SUCH AS ROAD CLERKS, TERMINAL RAILWAY POST OFFICE AND TRANSFER CLERKS, CLERKS IN CHARGE AND CLERKS IN OFFICES OF DIVISION SUPERINTENDENTS AND CHIEF CLERKS, SHALL BE ASSIGNED AND THE MAXIMUM GRADE TO WHICH EACH GROUP MAY BE PROMOTED.

NO PROVISION IS MADE IN THE ACT FOR WHAT ARE TERMED "SURPLUS CLERKS.' YOU STATE THAT THESE SURPLUS CLERKS ARE "CLERKS WHO ARE RELEASED FROM LINES AND OFFICES BY REASON OF DISCONTINUANCE OF SERVICE, REDUCTION IN FORCE, ETC., TO WORK AS SUBSTITUTES WHEREVER THEIR SERVICES ARE NEEDED.' IT IS UNDERSTOOD FROM THIS THAT THE PRACTICE OF CONTINUING THESE SURPLUS CLERKS ON THE ROLL AND USING THEM AS SUBSTITUTES IS TO OBVIATE THE NECESSITY OF DISCHARGING THEM WHEN THEIR SERVICES ARE NO LONGER REQUIRED IN THE POSITIONS THEY HAD PREVIOUSLY OCCUPIED.

THE PROVISIONS OF LAW QUOTED IN YOUR LETTER RELATIVE TO PROMOTIONS ARE APPLICABLE ONLY TO CLERKS REGULARLY ASSIGNED AND CAN NOT BE HELD TO AUTHORIZE THE PROMOTION OF A CLERK AFTER BEING RELEASED FROM HIS REGULAR ASSIGNMENT AND WHILE SERVING ONLY AS A SUBSTITUTE.

THE ACT OF JUNE 5, 1920, 41 STAT., 1050, CONTAINS THE FOLLOWING PROVISION RELATIVE TO THE PAY AND PROMOTION OF SUBSTITUTE RAILWAY POSTAL CLERKS:

SUBSTITUTE RAILWAY POSTAL CLERKS SHALL BE PAID THE SALARY OF GRADE ONE FOR SERVICE ACTUALLY PERFORMED DURING THE FIRST CALENDAR YEAR OF SERVICE, WHICH SHALL CONSTITUTE HIS PROBATIONARY PERIOD, WHEN, IF HIS SERVICES ARE SATISFACTORY, UNLESS SOONER APPOINTED A REGULAR CLERK, HE SHALL BE PROMOTED TO GRADE TWO AND PAID THE SALARY OF THAT GRADE FOR SERVICE ACTUALLY PERFORMED UNTIL APPOINTED A REGULAR CLERK.

IN VIEW OF THE PRACTICE HERETOFORE OBTAINING WITH RESPECT TO THESE SURPLUS CLERKS A RAILWAY POSTAL CLERK WHO AT THE TIME OF BEING RELIEVED FROM A REGULAR ASSIGNMENT IS IN RECEIPT OF A SALARY ABOVE THAT PRESCRIBED FOR GRADE 2 MAY CONTINUE TO RECEIVE PAY AT THAT RATE FOR SERVICE ACTUALLY PERFORMED AS A SUBSTITUTE WHILE CARRIED AS A SURPLUS CLERK. IF HE SHOULD THEREAFTER RECEIVE A REGULAR ASSIGNMENT, THE SERVICE RENDERED BY HIM PRIOR TO THE DATE OF RELIEF FROM HIS FORMER REGULAR ASSIGNMENT WOULD BE FOR CONSIDERATION IN DETERMINING HIS RIGHT TO PROMOTION UNDER THE REASSIGNMENT, BUT THERE IS NO AUTHORITY FOR PROMOTING SUCH CLERK ABOVE GRADE 2 WHILE HE IS BEING CARRIED AS A SURPLUS CLERK AND PERFORMING SERVICE AS A SUBSTITUTE.