B-37798, JANUARY 6, 1944, 23 COMP. GEN. 492

B-37798, JANUARY 6, 1944, 23 COMP. GEN. 492

POSTAL EMPLOYEES - SUBSTITUTE AND TEMPORARY RURAL CARRIERS - ADDITIONAL COMPENSATION UNDER ACT OF APRIL 9, 1943 IN APPLYING THE RULES STATED IN 23 COMP. GEN. 390, WITH RESPECT TO THE ADDITIONAL COMPENSATION AUTHORIZED FOR POSTAL EMPLOYEES UNDER THE ACT OF APRIL 9, 1943, SUBSTITUTE RURAL CARRIERS MAY BE DEEMED AS "SERVING IN THE OCCASIONAL ABSENCE OF REGULAR CARRIERS" SO AS TO BE REGARDED AS PART TIME EMPLOYEES ENTITLED TO 15 PERCENT OF THEIR EARNED BASIC COMPENSATION; WHEREAS TEMPORARY RURAL CARRIERS, SERVING OVER A SUFFICIENT PERIOD OF TIME TO WARRANT THEIR CERTIFICATION AS SUCH, MAY BE DEEMED AS "APPOINTED TO SERVE IN THE PROLONGED ABSENCE OF REGULAR CARRIERS, OR IN THE ABSENCE OF ANY REGULARLY APPOINTED CARRIER" SO AS TO BE REGARDED AS FULL TIME EMPLOYEES ENTITLED TO ADDITIONAL COMPENSATION AT THE RATE OF $300 PER ANNUM. 23 COMP. GEN. 390, AMPLIFIED. THIS OFFICE CANNOT UNDERTAKE TO PRESCRIBE WITH MINUTE DETAIL THE PROPER LINE OF DEMARCATION BETWEEN "SUBSTITUTE" AND "TEMPORARY" RURAL CARRIERS FOR PURPOSES OF COMPUTING THE ADDITIONAL COMPENSATION AUTHORIZED TO BE PAID POSTAL EMPLOYEES UNDER THE ACT OF APRIL 9, 1943, BUT, IT MAY BE STATED, GENERALLY, THAT IN THE ABSENCE OF ARBITRARY OR CAPRICIOUS ADMINISTRATIVE ACTION IN THE MATTER, THIS OFFICE WILL ACCEPT THE ADMINISTRATIVE DESIGNATION OF A POSTAL EMPLOYEE AS SUBSTITUTE OR TEMPORARY CARRIER AS ADMINISTRATIVELY CERTIFIED TO THIS OFFICE.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, JANUARY 6, 1944:

I HAVE YOUR LETTER OF DECEMBER 14, 1943, AS FOLLOWS:

THIS HAS REFERENCE TO YOUR LETTER OF NOVEMBER 26, 1943 (B-37798) TO ME, FROM WHICH THE FOLLOWING IS QUOTED:

"SINCE SUBSTITUTE RURAL CARRIERS SERVING IN THE OCCASIONAL ABSENCE OF REGULAR CARRIERS RENDER ONLY PART TIME SERVICE (39 U.S.C. 202), THE ADDITIONAL COMPENSATION PAYABLE TO THEM SHOULD BE ON A 15 PERCENT BASIS SUBJECT TO THE STATUTORY LIMITATION.

"HOWEVER, TEMPORARY OR SUBSTITUTE RURAL CARRIERS APPOINTED TO SERVE DURING THE PROLONGED ABSENCE OF REGULAR CARRIERS, OR IN THE ABSENCE OF ANY REGULARLY APPOINTED CARRIER (39 U.S.C. 203), PROPERLY ARE FOR REGARDING AS FULL-TIME EMPLOYEES DURING THE EFFECTIVE PERIOD OF THEIR APPOINTMENTS AND, ACCORDINGLY, THEIR ADDITIONAL COMPENSATION SHOULD BE PAID ON A $300 PER ANNUM BASIS.'

IN THE SECOND PARAGRAPH QUOTED ABOVE REFERENCE IS MADE TO TEMPORARY OR SUBSTITUTE RURAL CARRIERS APPOINTED TO SERVE DURING THE PROLONGED ABSENCE OF REGULAR CARRIERS, AND THE SAME SENTENCE CONTAINS CITATION TO TITLE 39 U.S.C. 203 WHICH STATES THAT "RURAL LETTER CARRIERS * * * SHALL BE ALLOWED ANNUAL LEAVE WITH PAY NOT TO EXCEED 15 DAYS" AND SPECIFIES THAT "THE SUBSTITUTES FOR CARRIERS ON VACATION TO BE PAID DURING SAID SERVICE AT THE RATE PAID THE CARRIER.' THIS INDICATES THAT A SUBSTITUTE CARRIER WHO SERVES DURING THE 15 DAY ANNUAL LEAVE PERIOD OF A REGULAR CARRIER MAY BE REGARDED AS "A SUBSTITUTE CARRIER SERVING DURING THE PROLONGED ABSENCE OF THE REGULAR CARRIER.' DOUBT EXISTS AS TO YOUR INTENDED DISTINCTION BETWEEN OCCASIONAL ABSENCE AND PROLONGED ABSENCE, AS REFERRED TO IN YOUR DECISION.

1. AS REFERRED TO IN THE PENULTIMATE PARAGRAPH OF YOUR LETTER (QUOTED ABOVE), WOULD SERVICE BY A SUBSTITUTE RURAL CARRIER DURING A 15-DAY PERIOD OF ABSENCE ON ANNUAL LEAVE BY A REGULAR CARRIER BE REGARDED AS SERVICE DURING THE PROLONGED ABSENCE OF THE REGULAR CARRIER?

2. IF YOUR ANSWER TO QUESTION 1 IS IN THE AFFIRMATIVE, WHAT PERIOD OF SERVICE DURING THE ABSENCE OF THE REGULAR CARRIER ON ANNUAL LEAVE WOULD BE CONSIDERED AS SERVICE IN THE OCCASIONAL ABSENCE OF THE REGULAR CARRIER?

3. IF THE DISTINCTION BETWEEN OCCASIONAL ABSENCE AND PROLONGED ABSENCE IS DETERMINED BY THE NUMBER OF DAYS, WOULD A SUBSTITUTE RURAL CARRIER WHO BEGINS SERVICE TWO DAYS PRIOR TO THE END OF A PAY PERIOD, BECAUSE OF THE ABSENCE OF THE REGULAR CARRIER WHOSE PERIOD OF ABSENCE WOULD NOT BE DETERMINABLE UNTIL SOME LATER DATE?

4. WOULD THE NUMBER OF DAYS SERVICE RENDERED BY A TEMPORARY RURAL CARRIER APPOINTED TO FILL A VACANCY ON A RURAL ROUTE, PENDING THE APPOINTMENT OF A REGULAR CARRIER, BE THE DETERMINING FACTOR AS TO WHETHER THE SERVICE SHALL BE REGARDED AS SERVICE IN THE OCCASIONAL ABSENCE OF A REGULAR CARRIER OR DURING THE PROLONGED ABSENCE OF A REGULAR CARRIER?

5. IF YOUR ANSWER TO THE PRECEDING QUESTION IS IN THE AFFIRMATIVE, WHAT NUMBER OF DAYS SERVICE WOULD BE REGARDED AS SERVICE IN THE OCCASIONAL ABSENCE OF A REGULAR CARRIER, AS DISTINGUISHED FROM SERVICE DURING THE PROLONGED ABSENCE OF A REGULAR CARRIER?

IT IS BELIEVED YOUR ANSWERS TO THE NUMBERED QUESTIONS OUTLINED ABOVE WILL ENABLE THIS OFFICE TO ISSUE DEFINITE INSTRUCTIONS WHICH MAY BE FOLLOWED BY RURAL DISBURSING POSTMASTERS IN COMPUTING THE INCREASED COMPENSATION PAYABLE TO SUBSTITUTE AND TEMPORARY RURAL CARRIERS. AN EARLY REPLY WILL BE APPRECIATED.

SECTION 974 OF THE POSTAL LAWS AND REGULATIONS 1940, PROVIDES IN PERTINENT PART:

* * * SUBSTITUTES FOR (RURAL) CARRIERS ON VACATION TO BE PAID DURING SAID SERVICE AT THE RATE PAID THE CARRIER.

2. A SUBSTITUTE CARRIER WHO PERFORMS SERVICE FOR A REGULAR CARRIER ABSENT WITH PAY SHALL BE PAID AT THE SAME RATE PAID THE REGULAR CARRIER FOR EACH DAY'S SERVICE, EXCLUSIVE OF SUNDAYS AND AUTHORIZED HOLIDAYS.

3. A TEMPORARY CARRIER SERVING A ROUTE FOR WHICH THERE IS NO REGULAR CARRIER, OR IN PLACE OF A REGULAR CARRIER ABSENT WITHOUT PAY, SHALL BE PAID AT THE SAME RATE PAID THE REGULAR CARRIER, SUNDAYS AND HOLIDAYS INCLUDED, EXCEPT AT THE BEGINNING OR ENDING OF THE PERIOD OF EMPLOYMENT.

IN THE LIGHT OF THE BASIC STATUTES UNDERLYING THE ABOVE-QUOTED REGULATIONS, THE DISTINCTION BETWEEN OCCASIONAL AND PROLONGED ABSENCES OF REGULAR CARRIERS ALLUDED TO IN THAT PART OF MY DECISION (23 COMP. GEN. 390) QUOTED IN YOUR LETTER, SUPRA, MAY BE REGARDED AS SUGGESTED OR IMPLIED BY THE DESIGNATIONS,"SUBSTITUTE" AND "TEMPORARY," AS APPLIED TO THEIR REPLACEMENTS. AS SO VIEWED, SUBSTITUTES PROPERLY MAY BE DEEMED AS "SERVING IN THE OCCASIONAL ABSENCE OF REGULAR CARRIERS," WHEREAS TEMPORARIES MAY BE DEEMED AS "APPOINTED TO SERVE IN THE PROLONGED ABSENCE OF REGULAR CARRIERS, OR IN THE ABSENCE OF ANY REGULARLY APPOINTED CARRIER" AT ALL. UPON THAT BASIS, SUBSTITUTES PROPERLY MAY BE REGARDED AS PART- TIME EMPLOYEES, WHEREAS TEMPORARIES, SERVING OVER A SUFFICIENT PERIOD OF TIME TO WARRANT THEIR CERTIFICATION AS SUCH, PROPERLY MAY BE REGARDED AS FULL-TIME EMPLOYEES FOR THE PURPOSE OF APPLYING THE RULES STATED IN THE DECISION OF NOVEMBER 26, 1943, SUPRA. OF COURSE, THIS OFFICE CANNOT UNDERTAKE TO PRESCRIBE WITH MINUTE DETAIL THE PROPER LINE OF DEMARCATION IN RESPECT OF THE TRUE STATUS OF THE INVOLVED POSTAL EMPLOYEES; AND IT MAY BE STATED GENERALLY THAT IN THE ABSENCE OF ANY ARBITRARY OR CAPRICIOUS ADMINISTRATIVE ACTION IN THE MATTER, THIS OFFICE WILL ACCEPT THE ADMINISTRATIVE DESIGNATION OF A POSTAL EMPLOYEE AS SUBSTITUTE OR TEMPORARY CARRIER AS ADMINISTRATIVELY CERTIFIED TO THIS OFFICE. IN VIEW OF THE FOREGOING, SPECIFIC ANSWERS TO THE FIVE QUESTIONS PRESENTED ARE NOT REQUIRED.