A-43534, JULY 30, 1932, 12 COMP. GEN. 146

A-43534, JULY 30, 1932, 12 COMP. GEN. 146

ECONOMY ACT - POSTAL SERVICE - AUTOMATIC AND ADMINISTRATIVE PROMOTIONS INCREASES IN COMPENSATION OF POSTMASTERS, ASSISTANT POSTMASTERS, SUPERVISORY OFFICIALS, INCLUDING SUPERINTENDENTS AND ASSISTANT SUPERINTENDENTS OF CLASSIFIED STATIONS, BASED ON THE INCREASE IN GROSS RECEIPTS OF POST OFFICES FOR THE PRECEDING CALENDAR YEAR OR ON AN INCREASE IN THE NUMBER OF EMPLOYEES ASSIGNED TO CLASSIFIED STATIONS, CONSTITUTE AUTOMATIC PROMOTIONS WITHIN THE MEANING OF SECTION 201 OF THE ECONOMY ACT AND ARE PROHIBITED FROM BECOMING EFFECTIVE DURING THE FISCAL YEAR 1933. WHERE POSTAL EMPLOYEES WERE PERMANENTLY, AS DISTINGUISHED FROM TEMPORARILY, REDUCED IN A GRADE PRIOR TO JULY 1, 1932, EITHER FOR CAUSE OR PURSUANT TO PROPER ADMINISTRATIVE ACTION UNDER STATUTORY AUTHORITY, RESTORATION TO THEIR FORMER GRADE OR ADVANCEMENT TO AN INTERMEDIATE GRADE, UNDER THE TERMS OF SECTION 11 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1064, EFFECTIVE DURING THE FISCAL YEAR 1933, CONSTITUTES ADMINISTRATIVE PROMOTIONS AND SUCH ADMINISTRATIVE ACTIONS ARE PROHIBITED BY SECTION 202 OF THE ACT OF JUNE 30, 1932, 47 STAT. 403.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, JULY 30, 1932:

YOU HAVE CERTIFIED TO THIS OFFICE INCREASES IN COMPENSATION OF POSTMASTERS, ASSISTANT POSTMASTERS, SUPERVISORY OFFICIALS, INCLUDING SUPERINTENDENTS AND ASSISTANT SUPERINTENDENTS OF CLASSIFIED STATIONS, EFFECTIVE JULY 1, 1932, WHICH ARE BASED ON THE GROSS RECEIPTS OF THE RESPECTIVE POST OFFICES FOR THE PRECEDING CALENDAR YEAR OR ON THE NUMBER OF EMPLOYEES ASSIGNED TO THE CLASSIFIED STATIONS.

THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1053, PROVIDES:

THE RESPECTIVE COMPENSATION OF POSTMASTERS OF THE FIRST, SECOND, AND THIRD CLASSES SHALL BE ANNUAL SALARIES, GRADED IN EVEN HUNDREDS OF DOLLARS, AND PAYABLE IN SEMIMONTHLY PAYMENTS TO BE ASCERTAINED AND FIXED BY THE POSTMASTER GENERAL FROM THEIR RESPECTIVE QUARTERLY RETURNS TO THE GENERAL ACCOUNTING OFFICE, OR COPIES OF DUPLICATES THEREOF TO THE FIRST ASSISTANT POSTMASTER GENERAL, FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING THE ADJUSTMENT, BASED ON GROSS POSTAL RECEIPTS AT THE FOLLOWING RATES, NAMELY: * * *

THE ACT OF FEBRUARY 28, 1925, 43 STAT. 105, AS AMENDED BY THE ACT OF JUNE 4, 1926, 44 STAT. 696, PROVIDES:

* * * THAT WHEN THE TOTAL COMPENSATION OF ANY POSTMASTER AT A POST OFFICE OF THE FOURTH CLASS FOR THE CALENDAR YEAR SHALL AMOUNT TO $1,100, EXCLUSIVE OF 3 CENTS COMMISSION ON EACH MONEY-ORDER ISSUED, AND THE RECEIPTS OF SUCH POST OFFICE FOR THE SAME PERIOD SHALL AGGREGATE AS MUCH AS $1,500, THE OFFICE SHALL BE ASSIGNED TO ITS PROPER CLASS ON JULY 1 FOLLOWING AND THE SALARY OF THE POST-MASTER FIXED ACCORDING TO THE RECEIPTS: * * *

SECTION 3 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1056, PROVIDES:

THAT AT OFFICES OF THE SECOND CLASS THE ANNUAL SALARIES OF ASSISTANT POSTMASTERS SHALL BE IN EVEN HUNDREDS OF DOLLARS, BASED ON THE GROSS POSTAL RECEIPTS FOR THE PRECEDING CALENDAR YEAR, AS FOLLOWS: * * *

THAT AT OFFICES OF THE FIRST CLASS THE ANNUAL SALARIES OF THE EMPLOYEES, OTHER THAN THOSE IN THE AUTOMATIC GRADES, SHALL BE IN EVEN HUNDREDS OF DOLLARS, BASED ON THE GROSS POSTAL RECEIPTS FOR THE PRECEDING CALENDAR YEAR, AS FOLLOWS:

THE SALARY OF SUPERINTENDENTS OF CLASSIFIED STATIONS SHALL BE BASED ON THE NUMBER OF EMPLOYEES ASSIGNED THERETO AND THE ANNUAL POSTAL RECEIPTS. NO ALLOWANCE SHALL BE MADE FOR SALES OF STAMPS TO PATRONS RESIDING OUTSIDE OF THE TERRITORY OF THE STATIONS. AT CLASSIFIED STATIONS EACH $25,000 OF POSTAL RECEIPTS SHALL BE CONSIDERED EQUAL TO ONE ADDITIONAL EMPLOYEE.

AT CLASSIFIED STATIONS THE SALARY OF THE SUPERINTENDENT SHALL BE AS FOLLOWS: * * *

AT CLASSIFIED STATIONS HAVING FORTY-FIVE OR MORE EMPLOYEES THERE SHALL BE ASSISTANT SUPERINTENDENTS OF STATIONS WITH SALARIES AS FOLLOWS: * * *

SECTIONS 201 AND 202 UNDER TITLE II OF THE ECONOMY ACT OF JUNE 30,

SEC. 201. ALL PROVISIONS OF LAW WHICH CONFER UPON CIVILIAN OR NONCIVILIAN OFFICERS OR EMPLOYEES OF THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA AUTOMATIC INCREASES IN COMPENSATION BY REASON OF LENGTH OF SERVICE OR PROMOTION ARE SUSPENDED DURING THE FISCAL YEAR ENDING JUNE 30, 1933; BUT THIS SECTION SHALL NOT BE CONSTRUED TO DEPRIVE ANY PERSON OF ANY INCREMENT OF COMPENSATION RECEIVED THROUGH AN AUTOMATIC INCREASE IN COMPENSATION PRIOR TO JULY 1, 1932.

SEC. 202. NO ADMINISTRATIVE PROMOTIONS IN THE CIVIL BRANCH OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA SHALL BE MADE DURING THE FISCAL YEAR ENDING JUNE 30, 1933: * * *

IT WILL BE NOTED THAT THE DEFINITION OF THE TERMS "OFFICER" AND "EMPLOYEE" IN SECTION 104 UNDER TITLE I, WHICH EXPRESSLY EXCEPTS "/9) POSTMASTERS AND POSTAL EMPLOYEES OF POST OFFICES OF THE FIRST, SECOND, AND THIRD CLASSES WHOSE SALARY OR ALLOWANCES ARE BASED ON GROSS POSTAL RECEIPTS, AND POSTMASTERS OF THE FOURTH CLASS," IS EXPRESSLY LIMITED "WHEN USED IN THIS TITLE," AND ACCORDINGLY WOULD NOT BE FOR APPLICATION IN APPLYING THE PROVISIONS OF TITLE II OF THE ACT.

"AUTOMATIC INCREASES IN COMPENSATION BY REASON OF LENGTH OF SERVICE OR PROMOTION," PROHIBITED BY SECTION 201 OF THE ACT ABOVE QUOTED, ARE THOSE GRANTED BY OPERATION OF LAW AND/OR REGULATION PRESCRIBED PURSUANT TO LAW, BASED ON LONGEVITY OR THE HAPPENING OF CERTAIN SPECIFIED CONDITIONS OVER WHICH THE ADMINISTRATIVE OFFICE HAS NO CONTROL OTHER THAN THE MINISTERIAL ACTION OF PUTTING THE INCREASES INTO EFFECT. "ADMINISTRATIVE PROMOTIONS," PROHIBITED BY SECTION 202 OF THE STATUTE, ARE THOSE WITHIN THE DISCRETION AND CONTROL OF THE ADMINISTRATIVE OFFICE.

INCREASE IN THE VOLUME OF POSTAL BUSINESS IS A CONDITION OVER WHICH THE ADMINISTRATIVE OFFICE HAS NO CONTROL. THEREFORE, INCREASES IN COMPENSATION OF POSTMASTERS, ASSISTANT POSTMASTERS, SUPERVISORY OFFICIALS, INCLUDING SUPERINTENDENTS AND ASSISTANT SUPERINTENDENTS OF CLASSIFIED STATIONS BASED ON THE INCREASE IN THE GROSS RECEIPTS OF THE RESPECTIVE POST OFFICES FOR THE PRECEDING CALENDAR YEAR OR ON AN INCREASE IN THE NUMBER OF EMPLOYEES ASSIGNED TO CLASSIFIED STATIONS, WHICH, ALSO, IS CONTROLLED BY THE VOLUME OF POSTAL BUSINESS, CONSTITUTE AUTOMATIC PROMOTIONS WITHIN THE MEANING OF SECTION 201 OF THE ECONOMY ACT AND ARE PROHIBITED FROM BECOMING EFFECTIVE DURING THE FISCAL YEAR 1933.

YOU ARE ADVISED, THEREFORE, THAT IN THE SETTLEMENT OF ACCOUNTS COVERING PERIODS DURING THE FISCAL YEAR 1933, CREDIT WILL NOT BE GIVEN FOR ANY SALARY PAYMENTS OF THE ABOVE-MENTIONED CLASSES OF PERSONNEL IN EXCESS OF THE RATE PROPERLY PAYABLE AS OF JUNE 30, 1932.

ALSO, YOU HAVE CERTIFIED TO THIS OFFICE THE RESTORATION OF SALARIES OF A NUMBER OF EMPLOYEES OF VARIOUS POST OFFICES EFFECTIVE JULY 1, 1932, UNDER SECTION 11 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1064, PROVIDING AS FOLLOWS:

WHENEVER AN EMPLOYEE HEREIN PROVIDED FOR SHALL HAVE BEEN REDUCED IN SALARY FOR ANY CAUSE, HE MAY BE RESTORED TO HIS FORMER GRADE OR ADVANCED TO AN INTERMEDIATE GRADE AT THE BEGINNING OF ANY QUARTER FOLLOWING THE REDUCTION, AND A RESTORATION TO A FORMER GRADE OR ADVANCEMENT TO AN INTERMEDIATE GRADE SHALL NOT BE CONSTRUED AS A PROMOTION WITHIN THE MEANING OF THE LAW PROHIBITING ADVANCEMENT OF MORE THAN ONE GRADE WITHIN ONE YEAR.

IT IS UNDERSTOOD THAT THESE EMPLOYEES WERE PERMANENTLY, AS DISTINGUISHED FROM TEMPORARILY, REDUCED IN GRADE PRIOR TO JULY 1, 1932, EITHER FOR A CAUSE OR PURSUANT TO PROPER ADMINISTRATIVE ACTION UNDER STATUTORY AUTHORITY, AND THAT RESTORATION TO THE FORMER GRADE OR ADVANCEMENT TO AN INTERMEDIATE GRADE, WOULD, BUT FOR THE PROVISIONS IN THE ECONOMY ACT, BE WITHIN ADMINISTRATIVE DISCRETION AND CONTROL. WHILE SUCH RESTORATION OR ADVANCEMENT IS NOT TO BE CONSTRUED AS AN ADMINISTRATIVE PROMOTION "WITHIN THE MEANING OF THE LAW PROHIBITING ADVANCEMENT OF MORE THAN ONE GRADE WITHIN ONE YEAR," SUCH ACTIONS ARE TO BE REGARDED AS "ADMINISTRATIVE PROMOTIONS" WITHIN THE MEANING OF SECTION 202 OF THE ECONOMY ACT, AND, THEREFORE, ARE PROHIBITED FROM BECOMING EFFECTIVE DURING THE FISCAL YEAR 1933.

THE SETTLEMENT OF ACCOUNTS COVERING PERIODS DURING THE FISCAL YEAR 1933, WILL BE IN ACCORDANCE WITH THE VIEWS HEREIN EXPRESSED.