A-56413, JULY 5, 1934, 14 COMP. GEN. 13

A-56413: Jul 5, 1934

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ARE THE RATES PAYABLE TO SUBSTITUTE AND TEMPORARY RURAL LETTER CARRIERS UNDER ANY CONDITIONS WITHOUT REFERENCE TO THE SAVING CLAUSE IN SUBSECTION (D) OF THE SAME ACT LIMITING THE AMOUNT BY WHICH SALARY RATES BEING PAID ON JUNE 30. WHICH IS FOR THE BENEFIT OF INDIVIDUAL CARRIERS. EXCEPT THAT THE SAVING CLAUSE IS APPLICABLE IN COMPUTING THE SALARY RATES OF SUBSTITUTE AND TEMPORARY CARRIERS FOR SERVICE ON ROUTES ON WHICH SERVING JULY 1. A RULING IS REQUESTED WHETHER IN THE CASE OF A SUBSTITUTE OR TEMPORARY CARRIER SERVING DURING THE ABSENCE ON LEAVE. ON A ROUTE FOR WHICH THERE IS NO PERMANENTLY APPOINTED CARRIER. IT WILL BE APPRECIATED IF YOUR RULING COVERING THESE QUESTIONS IS RENDERED WITHIN THE SHORTEST TIME POSSIBLE.

A-56413, JULY 5, 1934, 14 COMP. GEN. 13

POSTAL SERVICE - COMPENSATION OF SUBSTITUTE AND TEMPORARY RURAL LETTER CARRIERS THE BASIC RATES OF COMPENSATION FIXED IN SUBSECTION (A) OF THE ACT OF JUNE 25, 1934, 48 STAT. 1212, ARE THE RATES PAYABLE TO SUBSTITUTE AND TEMPORARY RURAL LETTER CARRIERS UNDER ANY CONDITIONS WITHOUT REFERENCE TO THE SAVING CLAUSE IN SUBSECTION (D) OF THE SAME ACT LIMITING THE AMOUNT BY WHICH SALARY RATES BEING PAID ON JUNE 30, 1934, MAY BE REDUCED, WHICH IS FOR THE BENEFIT OF INDIVIDUAL CARRIERS, EXCEPT THAT THE SAVING CLAUSE IS APPLICABLE IN COMPUTING THE SALARY RATES OF SUBSTITUTE AND TEMPORARY CARRIERS FOR SERVICE ON ROUTES ON WHICH SERVING JULY 1, 1934.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, JULY 5, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 27, 1934, AS FOLLOWS:

THE ACT OF JUNE 25, 1934, TO ADJUST THE SALARIES OF RURAL LETTER CARRIERS, WHICH BECOMES EFFECTIVE JULY 1, 1934, PROVIDES THAT "/D) IN THE CASE OF ANY CARRIER IN THE RURAL MAIL DELIVERY SERVICE ON THE DATE THIS ACT TAKES EFFECT, WHO SERVES SIX DAYS A WEEK A RURAL ROUTE OF LESS THAN THIRTY MILES, OR WHO SERVES THREE DAYS A WEEK A RURAL ROUTE OF LESS THAN SIXTY MILES OR TWO ROUTES OF A COMBINED LENGTH OF LESS THAN SIXTY MILES, THE ANNUAL SALARY OF SUCH CARRIER SHALL NOT BE REDUCED MORE THAN $180 BY OPERATION OF SUBSECTION (A) OF THIS SECTION.'

A RULING IS REQUESTED WHETHER IN THE CASE OF A SUBSTITUTE OR TEMPORARY CARRIER SERVING DURING THE ABSENCE ON LEAVE, EITHER WITH PAY OR WITHOUT PAY, OF A REGULAR CARRIER WHOSE SALARY BECAUSE OF THE PROVISION OF LAW QUOTED ABOVE HAS BEEN REDUCED ONLY $180 PER ANNUM SHOULD BE PAID AT THE SAME RATE OF SALARY AS THAT ALLOWED THE REGULAR CARRIER OR WHETHER HE SHOULD RECEIVE THE BASE PAY PROVIDED BY LAW ACCORDING TO THE MILEAGE OF THE ROUTE SERVED; ALSO WHETHER THE $180 PROVISION APPLIES TO A TEMPORARY CARRIER IN THE SERVICE ON JULY 1, 1934, ON A ROUTE FOR WHICH THERE IS NO PERMANENTLY APPOINTED CARRIER.

IT WILL BE APPRECIATED IF YOUR RULING COVERING THESE QUESTIONS IS RENDERED WITHIN THE SHORTEST TIME POSSIBLE, IN ORDER THAT WE MAY PROCEED WITH THE ISSUANCE OF NECESSARY INSTRUCTIONS TO FIELD OFFICERS OF THE POSTAL SERVICE.

SUBSECTION (A) OF SECTION 1 OF THE ACT OF JUNE 25, 1934, 48 STAT. 1212, PROVIDES AS FOLLOWS:

THAT (A) THE FIRST PARAGRAPH OF SECTION 8 OF THE ACT ENTITLED "AN ACT RECLASSIFYING THE SALARIES OF POSTMASTERS AND EMPLOYEES OF THE POSTAL SERVICE, READJUSTING THEIR SALARIES AND COMPENSATION ON AN EQUITABLE BASIS, INCREASING POSTAL RATES TO PROVIDE FOR SUCH READJUSTMENT, AND FOR OTHER PURPOSES," APPROVED FEBRUARY 28, 1925, AS AMENDED (U.S.C., TITLE 39, SEC. 197), IS AMENDED TO READ AS FOLLOWS:

"SEC. 8. THE SALARY OF CARRIERS IN THE RURAL MAIL DELIVERY SERVICE FOR SERVING A RURAL ROUTE OF THIRTY MILES SIX DAYS A WEEK SHALL BE $1,800; ON ROUTES LESS THAN THIRTY MILES, $60 PER MILE PER ANNUM FOR EACH MILE OR MAJOR FRACTION THEREOF. EACH RURAL CARRIER ASSIGNED TO A ROUTE SERVED SIX DAYS IN A WEEK SHALL RECEIVE $20 PER MILE PER ANNUM FOR EACH MILE OR MAJOR FRACTION THEREOF SAID ROUTE IS IN EXCESS OF THIRTY MILES, BASED ON ACTUAL MILEAGE, AND EACH RURAL CARRIER ASSIGNED TO A ROUTE SERVED THREE DAYS IN THE WEEK SHALL RECEIVE $10 PER MILE PER ANNUM FOR EACH MILE OR MAJOR FRACTION THEREOF SAID ROUTE IS IN EXCESS OF THIRTY MILES, BASED ON ACTUAL MILEAGE.'

SECTIONS 202 AND 203, TITLE 39, U.S.C. PROVIDE AS FOLLOWS:

RATE OF COMPENSATION OF TEMPORARY CARRIERS.--- ACTING OR SUBSTITUTE RURAL LETTER CARRIERS SHALL BE PAID AT THE USUAL RATE FOR EACH DAY'S SERVICE. (MAR. 2, 1907, C. 2513, 34 STAT. 1213.)

CARRIERS; LEAVE OF ABSENCE; SUBSTITUTES.--- RURAL LETTER CARRIERS AFTER TWELVE MONTHS' SERVICE SHALL BE ALLOWED ANNUAL LEAVE WITH PAY NOT TO EXCEED FIFTEEN DAYS; THE SUBSTITUTES FOR CARRIERS ON VACATION TO BE PAID DURING SAID SERVICE AT THE RATE PAID THE CARRIER. (MAR. 2, 1907, C. 2513, 34 STAT. 1215.)

SECTION 974, POSTAL LAWS AND REGULATIONS, 1932, PROVIDES IN PART AS FOLLOWS:

* * * 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.

SUBSECTION (A) OF SECTION 1 OF THE ACT OF JUNE 25, 1934, IS GENERAL LEGISLATION FIXING THE BASIS FOR DETERMINING THE RATE OF COMPENSATION TO BE PAID REGULAR AND SUBSTITUTE RURAL CARRIERS, WHEREAS SUBSECTION (D) IS MERELY A "SAVING CLAUSE" FOR THE BENEFIT OF CARRIERS IN THE RURAL MAIL DELIVERY SERVICE ON JULY 1, 1934, THE EFFECTIVE DATE OF THE ACT. THAT IS TO SAY, IT IS INTENDED TO LIMIT THE AMOUNT BY WHICH CERTAIN SALARIES BEING PAID ON JUNE 30, 1934, MAY BE REDUCED. THEREFORE, IT HAS NO APPLICATION TO ANY SUBSTITUTE OR TEMPORARY CARRIER UNLESS ON AND PRIOR TO JULY 1, 1934, HE WAS SERVING THE ROUTE OF A REGULAR CARRIER TO WHICH THE SAVING CLAUSE APPLIES AND THEN ONLY SO LONG AS HE CONTINUES TO SERVE ON THAT ROUTE. IN OTHER WORDS, THE BASIS FOR THE SALARY RATES OF SUBSTITUTE AND TEMPORARY CARRIERS "AT THE USUAL RATE FOR EACH DAY'S SERVICE" (SEC. 202, TITLE 39, U.S.C.), OR "AT THE RATE PAID THE CARRIER" (SEC. 203, TITLE 39, U.S.C.), IS THE STATUTORY RATES FIXED FOR THE SERVICE OF A REGULAR CARRIER BASED ON THE LENGTH OF THE ROUTE, TC., WITHOUT REFERENCE TO ANY SAVING CLAUSE FOR THE BENEFIT OF INDIVIDUAL CARRIERS.

THEREFORE, THE BASIC RATES FIXED IN SUBSECTION (A) OF THE ACT OF JUNE 25, 1934, SUPRA, ARE THE RATES PAYABLE TO A SUBSTITUTE OR TEMPORARY CARRIER UNDER ANY CONDITIONS WITHOUT REFERENCE TO THE SAVING CLAUSE IN SUBSECTION (D), EXCEPT THAT THE SAVING CLAUSE IS APPLICABLE IN COMPUTING THEIR SALARY RATES FOR SERVICE ON ROUTES ON WHICH SERVING JULY 1, 1934.

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