B-41099, APRIL 10, 1944, 23 COMP. GEN. 766

B-41099, APRIL 10, 1944, 23 COMP. GEN. 766

COMPENSATION - SUBSTITUTE POSTAL EMPLOYEES - ACT OF MARCH 24, 1944 THE INCREASES IN COMPENSATION AUTHORIZED UNDER THE ACT OF MARCH 24, 1944, FOR SUBSTITUTE POSTAL EMPLOYEES AFTER 2,448 HOURS OF ACTUAL AND SATISFACTORY SERVICE AS SUCH SUBSTITUTES, BECOME EFFECTIVE ONLY AT THE BEGINNING OF A QUARTER OF THE CALENDAR YEAR, THAT IS, JANUARY 1, APRIL 1, JULY 1 AND OCTOBER 1, AND, THEREFORE, A SUBSTITUTE POSTAL EMPLOYEE WHO HAD RENDERED THE REQUIRED AMOUNT OF SERVICE ON MARCH 24, 1944, IS NOT ENTITLED TO AN INCREASE IN COMPENSATION UNTIL APRIL 1, 1944--- THE BEGINNING OF THE FIRST QUARTER FOLLOWING THE APPROVAL OF SAID ACT. THE PERIOD OF "NOT EXCEEDING THREE YEARS OF PAST CONTINUOUS SERVICE" WHICH MAY BE CREDITED TO A SUBSTITUTE POSTAL EMPLOYEE IN MAKING THE INITIAL ADJUSTMENT IN COMPENSATION AUTHORIZED UNDER THE ACT OF MARCH 24, 1944, FOR SUBSTITUTE POSTAL EMPLOYEES AFTER 2,448 HOURS OF ACTUAL AND SATISFACTORY SERVICES AS SUCH SUBSTITUTES, DATES FROM THE EFFECTIVE DATE OF THE FIRST ADJUSTMENT OF THE INCREASE, SO THAT, IF AN EMPLOYEE'S FIRST ADJUSTMENT IN COMPENSATION IS DUE AS OF APRIL 1, 1944, THE THREE YEARS OF PAST CONTINUOUS SERVICE AUTHORIZED TO BE CREDITED DATES FROM APRIL 1, 1941. THE PROVISION IN THE ACT OF MARCH 24, 1944, THAT, IN ADJUSTING THE INCREASES IN THE RATES OF PAY AUTHORIZED THEREIN FOR SUBSTITUTE POSTAL EMPLOYEES AFTER 2,448 HOURS OF SERVICE, CREDIT SHALL BE GIVEN FOR "NOT EXCEEDING THREE YEARS OF PAST CONTINUOUS SERVICE," RELATES TO THE THREE CALENDAR YEARS OR 36 CALENDAR MONTHS IMMEDIATELY PRECEDING THE FIRST ADJUSTMENT IN COMPENSATION, REGARDLESS OF THE NUMBER OF HOURS OF SERVICE PERFORMED IN SUCH PERIOD, SO THAT, A SUBSTITUTE POSTAL EMPLOYEE WHO HAD SERVED LESS THAN 2,448 HOURS ON APRIL 1, 1944, WOULD NOT BE ENTITLED TO AN ADJUSTMENT IN COMPENSATION UNTIL THE BEGINNING OF THE FIRST QUARTER AFTER APRIL 1, 1944, THAT HE HAD COMPLETED 2,448 HOURS OF SERVICE DURING THE THREE YEARS IMMEDIATELY PRECEDING THE FIRST OF A QUARTER. UNDER THE ACT OF MARCH 24, 1944, AUTHORIZING INCREASES IN THE COMPENSATION OF SUBSTITUTE POSTAL EMPLOYEES AFTER 2,448 HOURS OF SERVICE, AND PROVIDING THAT CREDIT SHALL BE GIVEN FOR "NOT EXCEEDING THREE YEARS OF PAST CONTINUOUS SERVICE," THE MAXIMUM INITIAL RATE OF COMPENSATION TO WHICH A SUBSTITUTE POSTAL EMPLOYEE WHO HAD COMPLETED IN EXCESS OF 9,792 HOURS' SERVICE DURING THE THREE YEARS IMMEDIATELY PRECEDING APRIL 1, 1944, MAY BE ADVANCED IS THE PER HOUR EQUIVALENT OF THE THIRD SALARY GRADE OF REGULAR EMPLOYEES. UNDER THE ACT OF MARCH 24, 1944, AUTHORIZING INCREASES IN THE COMPENSATION OF SUBSTITUTE POSTAL EMPLOYEES AFTER 2,448 HOURS OF SERVICE, ALL CREDITABLE SERVICE PERFORMED BY SUCH EMPLOYEES DURING A 36 MONTH PERIOD IMMEDIATELY PRECEDING THE BEGINNING OF ANY QUARTER IS CUMULATIVE AND MAY BE COUNTED IN MAKING ANNUAL INCREASES IN COMPENSATION, SO THAT, AN EMPLOYEE WHO HAS BEEN GRANTED HIS INITIAL INCREASE IN COMPENSATION MAY RETAIN HIS CREDIT FOR ANY EXTRA HOURS OF SERVICE OVER 2,448 NOT NEEDED TO ENTITLE HIM TO THE INITIAL INCREASE, PROVIDED THE EXCESS HOURS WERE RENDERED DURING THE 36 MONTH PERIOD IMMEDIATELY PRECEDING THE QUARTER WHEN HIS NEXT ANNUAL INCREASE IS DUE. WHERE THE COMPENSATION OF A SUBSTITUTE POSTAL EMPLOYEE WAS FIRST ADJUSTED AND INCREASED ON APRIL 1, 1944, PURSUANT TO THE ACT OF MARCH 24, 1944, AUTHORIZING INCREASES IN THE COMPENSATION OF SUCH EMPLOYEES AFTER 2,448 HOURS OF SERVICE, THE FIRST ADJUSTMENT--- RESULTING IN AN INCREASE IN COMPENSATION--- IS TO BE REGARDED AS "ONE INCREASE IN THE RATE OF PAY" WITHIN THE MEANING OF SAID ACT, SO AS TO PRECLUDE PAYMENT OF A FURTHER INCREASE IN COMPENSATION WITHIN THE NEXT 12 MONTH PERIOD. THE PURPOSE AND INTENT OF THE PROVISO IN SECTION 1 OF THE ACT OF MARCH 24, 1944, LIMITING SUBSTITUTE POSTAL EMPLOYEES TO NOT MORE THAN "ONE INCREASE IN THE RATE OF PAY" WITHIN A 12 MONTH PERIOD, WAS TO PRECLUDE THE ADVANCEMENT IN SALARY RATES OF SUBSTITUTE POSTAL EMPLOYEES FASTER THAN THE ADVANCEMENT IN SALARY RATES AUTHORIZED FOR REGULAR EMPLOYEES THROUGH AUTOMATIC PROMOTIONS, AND, THEREFORE, A SUBSTITUTE POSTAL EMPLOYEE MAY NOT BE GRANTED MORE THAN ONE SALARY ADVANCEMENT WITHIN 12 MONTH PERIOD, EVEN THOUGH HIS SERVICE DURING SUCH PERIOD EXCEEDS 4,896 HOURS. THE PROVISO IN SECTION 1 OF THE ACT OF MARCH 24, 1944, LIMITING SUBSTITUTE POSTAL EMPLOYEES TO ONLY "ONE INCREASE IN THE RATE OF PAY" WITHIN A 12 MONTH PERIOD, DOES NOT PRECLUDE THE PROMOTION OF A SUBSTITUTE EMPLOYEE, WITHIN A 12 MONTH PERIOD AFTER HIS LAST SALARY ADJUSTMENT, TO A REGULAR POSITION IN THE POSTAL SERVICE IN A GRADE AND SALARY RATE HIGHER THAN THE GRADE AND RATE IN EFFECT AT THE TIME OF HIS PROMOTION TO A REGULAR POSITION. A REGULAR PER ANNUM EMPLOYEE OF THE POSTAL SERVICE WHO, AFTER COMPLETING HIS REGULAR TOUR OF DUTY, RENDERS SERVICE AS A SUBSTITUTE EMPLOYEE UNDER AUTHORITY OF 39 U.S.C. 136 IN ANOTHER POSTAL POSITION AT AN HOURLY RATE OF COMPENSATION IS ENTITLED, UNDER THE ACT OF MARCH 24, 1944, IN ADJUSTING UPWARD HIS COMPENSATION AFTER 2,448 HOURS OF SUBSTITUTE SERVICE, TO COUNT "SERVICE AS SUCH SUBSTITUTE, INCLUDING SERVICE AS A SPECIAL-DELIVERY MESSENGER," BUT MAY NOT COUNT SERVICE IN HIS REGULAR POSITION. UNDER THE ACT OF MARCH 24, 1944, AUTHORIZING INCREASES IN THE COMPENSATION OF SUBSTITUTE POSTAL EMPLOYEES AFTER 2,448 HOURS OF SERVICE AS SUCH SUBSTITUTES, SERVICE UNDER DIFFERENT CLASSES OF SUBSTITUTE POSITIONS HAVING DIFFERENT SALARY RATES AND RANGES AND DIFFERENT DUTIES MAY NOT BE COMBINED FOR THE PURPOSE OF COUNTING THE REQUIRED NUMBER OF HOURS OF SUBSTITUTE SERVICE SO AS TO AUTHORIZE AN INCREASE IN COMPENSATION UNDER AN APPOINTMENT IN EACH CLASS OF SUBSTITUTE POSITION IN WHICH AN EMPLOYEE MAY BE ENGAGED. (OVERRULED IN PART BY 23 COMP. GEN. 920). PERSONS APPOINTED AS SUBSTITUTE EMPLOYEES IN THE POSTAL SERVICE, WHETHER THEIR APPOINTMENTS AS SUBSTITUTES BE DESIGNATED "TEMPORARY," "INDEFINITE," OR "WAR SERVICE," ARE ENTITLED TO BENEFITS OF THE ACT OF MARCH 24, 1944, AUTHORIZING INCREASES IN COMPENSATION FOR SUBSTITUTE POSTAL EMPLOYEES AFTER 2,448 HOURS OF SERVICE AS SUCH SUBSTITUTES. AS A SUBSTITUTE POSTAL EMPLOYEE APPOINTED TO A REGULAR POSITION IN THE POSTAL SERVICE IS ENTITLED TO CREDIT UNDER SECTION 2 OF THE ACT OF MARCH 24, 1944, FOR CERTAIN PRIOR SUBSTITUTE SERVICE IN FIXING HIS SALARY GRADE IN THE REGULAR POSITION, THE APPOINTMENT OF A SUBSTITUTE EMPLOYEE TO A REGULAR POSITION CONSTITUTES A BREAK IN SUBSTITUTE SERVICE WITHIN THE MEANING OF SECTION 3 OF SAID ACT, SO AS TO PRECLUDE THE COUNTING BY SUCH A REGULAR EMPLOYEE, UPON SUBSEQUENT APPOINTMENT AS A SUBSTITUTE CONCURRENTLY WITH SERVICE IN HIS REGULAR POSITION UNDER 39 U.S.C. 136, OF ANY SUBSTITUTE SERVICE RENDERED BEFORE HIS APPOINTMENT AS A REGULAR EMPLOYEE IN DETERMINING THE SALARY RATE UNDER THE SECOND SUBSTITUTE APPOINTMENT. AS 39 U.S.C. 121, 701, DOES NOT LIMIT OR CONTROL ADMINISTRATIVE DISCIPLINARY ACTION IN REDUCING POSTAL EMPLOYEES IN GRADE OR SALARY RATE, THE SALARY RATE OF A SUBSTITUTE POSTAL EMPLOYEE WHO PROPERLY HAS BEEN REDUCED FROM A REGULAR POSITION FOR DISCIPLINARY OR OTHER REASONS MAY BE FIXED ADMINISTRATIVELY AT A GRADE AND SALARY RATE NOT HIGHER THAN THE GRADE AND SALARY RATE OF THE REGULAR POSITION HELD IMMEDIATELY PRECEDING THE RELEGATION. WHERE A REGULAR LABORER IN THE POST OFFICE DEPARTMENT WAS PROMOTED TO THE POSITION OF SUBSTITUTE POST OFFICE CLERK, THE PRIOR SERVICE AS A LABORER MAY NOT BE CONSIDERED IN FIXING HIS HOURLY RATE OF COMPENSATION AS A SUBSTITUTE POSTAL EMPLOYEE UNDER THE ACT OF MARCH 24, 1944, AUTHORIZING SUBSTITUTE POSTAL EMPLOYEES TO COUNT "SERVICE AS SUCH SUBSTITUTE, INCLUDING SERVICE AS A SPECIAL-DELIVERY MESSENGER," IN FIXING THEIR HOURLY RATE OF COMPENSATION. THE ABSENCE FROM DUTY OF A SUBSTITUTE POSTAL EMPLOYEE WHO IS NOT SUBJECT TO CALL BUT WHOSE NAME IS STILL CARRIED ON THE ROLLS DOES NOT CONSTITUTE A BREAK IN SUBSTITUTE SERVICE WITHIN THE MEANING OF SECTION 3 OF THE ACT OF MARCH 24, 1944, SO AS TO PRECLUDE CONSIDERATION OF SUCH SERVICE IN ADJUSTING THE EMPLOYEE'S COMPENSATION AFTER 2,448 HOURS OF CONTINUOUS SERVICE AS A SUBSTITUTE EMPLOYEE. IN DETERMINING THE TOTAL NUMBER OF HOURS' CONTINUOUS SERVICE RENDERED BY A SUBSTITUTE POSTAL EMPLOYEE FOR THE PURPOSE OF ADJUSTING HIS COMPENSATION UNDER THE ACT OF MARCH 24, 1944, EACH DAY'S ABSENCE ON LEAVE WITH PAY MAY BE CONSIDERED THE SAME AS 8 HOURS' SERVICE. (OVERRULED IN PART BY 23 COMP. GEN. 920). UNDER THE ACT OF MARCH 24, 1944, AUTHORIZING SUBSTITUTE POSTAL EMPLOYEES TO COUNT CERTAIN PRIOR SERVICE IN DETERMINING THEIR RATES OF COMPENSATION, SERVICE UNDER DIFFERENT CLASSES OF SUBSTITUTE POSITIONS HAVING DIFFERENT SALARY RATES AND RANGES AND DIFFERENT DUTIES MAY NOT BE COMBINED IN COUNTING THE NUMBER OF HOURS OF CREDITABLE SERVICE REQUIRED IN ORDER TO OBTAIN AN INCREASE IN COMPENSATION, AND, THEREFORE, A SUBSTITUTE POST OFFICE CLERK WHO TRANSFERRED TO A POSITION AS SUBSTITUTE CLERK IN THE RAILWAY MAIL SERVICE AT A HIGHER HOURLY RATE OF COMPENSATION MAY NOT BE GIVEN CREDIT FOR SERVICE RENDERED IN THE FORMER POSITION FOR THE PURPOSE OF FIXING HIS RATE OF COMPENSATION AS A SUBSTITUTE CLERK IN THE RAILWAY MAIL SERVICE. THE PROVISION IN SECTION 3 OF THE ACT OF MARCH 24, 1944, AUTHORIZING PRO RATA CREDIT TO SUBSTITUTE POSTAL EMPLOYEES FOR MILITARY SERVICE UPON THE BASIS OF 2,448 HOURS FOR EACH YEAR OF MILITARY SERVICE, WHICH INCLUDES ALLOWABLE SERVICE CREDITABLE TO A SUBSTITUTE POSTAL EMPLOYEE UPON APPOINTMENT TO A REGULAR POSITION, RENDERS INOPERATIVE THE RULE STATED IN 20 COMP. GEN. 789, TO THE EFFECT THAT TIME IN THE MILITARY SERVICE SHOULD BE CREDITED TO SUBSTITUTE POSTAL EMPLOYEES ON THE BASIS OF THE AVERAGE NUMBER OF HOURS' SERVICE DURING A PERIOD PRECEDING MILITARY SERVICE.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, APRIL 10, 1944:

I HAVE YOUR LETTER OF MARCH 30, 1944, PRESENTING FOR CONSIDERATION 19 QUESTIONS ARISING IN THE APPLICATION OF THE ACT OF MARCH 24, 1944, 58 STAT. 121, PUBLIC LAW 266, ENTITLED " AN ACT TO GRANT INCREASES IN COMPENSATION TO SUBSTITUTE EMPLOYEES IN THE POSTAL SERVICE, AND FOR OTHER PURPOSES," WHICH ACT PROVIDES AS FOLLOWS:

THAT SUBSTITUTE POSTAL EMPLOYEES, AFTER TWO THOUSAND FOUR HUNDRED AND FORTY-EIGHT HOURS OF ACTUAL AND SATISFACTORY SERVICE AS SUCH SUBSTITUTE, INCLUDING SERVICE AS A SPECIAL-DELIVERY MESSENGER, SHALL BE PAID FOR SERVICES ACTUALLY PERFORMED AT THE RATE OF THE ANNUAL SALARY RECEIVED BY REGULAR EMPLOYEES OF THE FIRST GRADE, THE HOURLY RATE TO BE COMPUTED BY DIVIDING THE ANNUAL SALARY OF SUCH REGULAR EMPLOYEES BY THE NUMBER TWO THOUSAND FOUR HUNDRED AND FORTY-EIGHT; AND THEREAFTER THE RATE OF PAY OF SUCH SUBSTITUTE EMPLOYEES SHALL BE INCREASED TO THE ANNUAL RATE OF THE NEXT HIGHER GRADE OF SUCH REGULAR EMPLOYEES, COMPUTED IN THE SAME MANNER, UPON THE COMPLETION OF EACH ADDITIONAL PERIOD OF TWO THOUSAND FOUR HUNDRED AND FORTY-EIGHT HOURS OF ACTUAL AND SATISFACTORY SERVICE, UNTIL THEY SHALL HAVE ATTAINED THE RATE FOR THE HIGHEST SUCCESSIVE RATE OF REGULAR PAY OR SHALL HAVE RECEIVED APPOINTMENT TO A REGULAR POSITION: PROVIDED, THAT THERE SHALL BE NO MORE THAN ONE INCREASE IN THE RATE OF PAY OF SUCH EMPLOYEES WITHIN A TWELVE MONTHS' PERIOD: PROVIDED FURTHER, THAT THE INCREASES IN THE RATE OF PAY PROVIDED HEREIN SHALL BECOME EFFECTIVE AT THE BEGINNING OF THE QUARTER FOLLOWING THE COMPLETION OF TWO THOUSAND FOUR HUNDRED AND FORTY-EIGHT HOURS OF REQUIRED SERVICE: PROVIDED FURTHER, THAT IN THE ADJUSTMENT OF THE INCREASES IN THE RATES OF PAY PROVIDED HEREIN CREDIT SHALL BE GIVEN FOR NOT EXCEEDING THREE YEARS OF PAST CONTINUOUS SERVICE AND THE HOURLY RATE OF COMPENSATION ADJUSTED ACCORDINGLY.

SEC. 2. UPON APPOINTMENT TO A REGULAR POSITION IN THE POSTAL SERVICE AN EMPLOYEE SHALL RECEIVE CREDIT FOR ACTUAL SERVICE PERFORMED AS A SUBSTITUTE, INCLUDING TIME SERVED AS A SPECIAL-DELIVERY MESSENGER ON THE BASIS OF ONE YEAR FOR EACH UNIT OF TWO THOUSAND FOUR HUNDRED AND FORTY- EIGHT HOURS, AND SHALL BE PROMOTED TO THE GRADE TO WHICH SUCH EMPLOYEE WOULD HAVE PROGRESSED HAD HIS ORIGINAL APPOINTMENT BEEN TO GRADE 1. ANY FRACTIONAL PART OF A YEAR'S SERVICE AS A SUBSTITUTE SHALL BE INCLUDED WITH REGULAR SERVICE IN DETERMINING ELIGIBILITY FOR PROMOTION TO A HIGHER GRADE, FOLLOWING APPOINTMENT TO A REGULAR POSITION.

SEC. 3. ALLOWABLE SERVICE UNDER THE PROVISIONS OF THIS ACT SHALL BE ONLY SUCH SERVICE AS HAS BEEN RENDERED DURING CONTINUOUS ACTIVE SERVICE AND SHALL NOT INCLUDE PREVIOUS PERIODS OR TERMS OF EMPLOYMENT: PROVIDED FURTHER, THAT IN THE CASE OF THOSE WHO HAVE BEEN SEPARATED, OR SHALL HEREAFTER BE SEPARATED FROM THE POSTAL SERVICE FOR MILITARY DUTY, THE PERIODS OF TERMS OF SERVICE IMMEDIATELY PRECEDING INDUCTION INTO THE MILITARY SERVICE, AS WELL AS THE TIME ENGAGED IN MILITARY SERVICE, SHALL BE CONSTRUED AS ALLOWABLE SERVICE, AND PRO RATA CREDIT SHALL BE GIVEN FOR THE TIME ENGAGED IN MILITARY SERVICE UPON THE BASIS OF TWO THOUSAND FOUR HUNDRED AND FORTY-EIGHT HOURS FOR EACH YEAR OF SERVICE.

SEC. 4. THE AMOUNTS OF THE INCREASES IN THE RATES OF PAY PROVIDED IN THIS ACT SHALL BE REGARDED AS PART OF THE EARNED BASIC COMPENSATION FOR THE PURPOSE OF COMPUTING THE INCREASE OF 15 PERCENTUM OF EARNED BASIC COMPENSATION AUTHORIZED BY THE ACT APPROVED APRIL 9, 1943, ENTITLED " AN ACT TO PROVIDE TEMPORARY ADDITIONAL COMPENSATION FOR EMPLOYEES IN THE POSTAL SERVICE.'

THE 19 QUESTIONS ARE STATED AND ANSWERED IN THE ORDER PRESENTED, AS FOLLOWS:

QUESTION 1

1. DOES THE INCREASE IN THE RATES OF COMPENSATION TO THOSE SUBSTITUTE EMPLOYEES WHO HAVE RENDERED CONTINUOUS SERVICE IN EXCESS OF 2,448 HOURS BEGIN ON THE DATE THE ACT WAS APPROVED, MARCH 24, 1944, OR ON THE FIRST DAY OF THE FOLLOWING QUARTER, APRIL 1, 1944?

REFERENCE IS MADE TO THE SECOND PROVISO OF SECTION 1 OF THE STATUTE REGARDING WHICH THE POSTMASTER GENERAL STATED IN HIS REPORT OF MAY 27, 1943, TO THE CHAIRMAN OF THE CONGRESSIONAL COMMITTEE, AS FOLLOWS (QUOTING FROM HOUSE OF REPRESENTATIVES REPORT NO. 558, 78TH CONGRESS ST SESSION): "THE PROPOSED INCREASES WOULD BE MADE EFFECTIVE AT THE BEGINNING OF QUARTERS TO PRESERVE PRESENT PRACTICES AND CONTINUE BASIC PRINCIPLES OF EXISTING LAWS.' APPARENTLY, THE ENACTMENT WAS APPROVED BY THE CONGRESS WITH THAT UNDERSTANDING. ACCORDINGLY, ALL INCREASES IN COMPENSATION TO SUBSTITUTE POSTAL EMPLOYEES UNDER THE STATUTE, INCLUDING THE FIRST INCREASE, BECOME EFFECTIVE ONLY AT THE BEGINNING OF A QUARTER OF THE CALENDAR YEAR, THAT IS, JANUARY 1, APRIL 1, JULY 1, AND OCTOBER 1. APRIL 1, 1944, IS THE BEGINNING OF THE FIRST QUARTER FOLLOWING THE APPROVAL OF THE ENACTMENT, THE FIRST INCREASE IN COMPENSATION OF SUBSTITUTE POSTAL EMPLOYEES ENTITLED THERETO UNDER THE STATUTE BECOMES EFFECTIVE ON THAT DATE.

QUESTION 2.

2. IF THE INCREASES IN THE RATES OF COMPENSATION BECOME EFFECTIVE APRIL 1, 1944, WILL THE PAST THREE YEARS OF CONTINUOUS SERVICE BE COUNTED FROM MARCH 24 OR APRIL 1, 1941?

REFERENCE IS MADE TO THE LAST PROVISO OF SECTION 1 OF THE STATUTE. THE PERIOD OF "NOT EXCEEDING THREE YEARS OF PAST CONTINUOUS SERVICE," WHICH MAY BE CREDITED TO A SUBSTITUTE POSTAL EMPLOYEE WHEN MAKING THE INITIAL ADJUSTMENT IN COMPENSATION UNDER THE STATUTE DATES FROM THE EFFECTIVE DATE OF THE FIRST "ADJUSTMENT OF THE INCREASES IN THE RATES OF PAY PROVIDED HEREIN" QUOTING FROM THE REFERRED-TO PROVISO). HENCE, IF THE FIRST ADJUSTMENT IN COMPENSATION IS DUE AS OF APRIL 1, 1944, THE THREE YEARS OF PAST CONTINUOUS SERVICE AUTHORIZED TO BE CREDITED DATES FROM APRIL 1, 1941.

QUESTION 3.

3. FOR THE PURPOSE OF DETERMINING WHEN THREE YEARS OF PAST CONTINUOUS SERVICE HAVE BEEN RENDERED, WILL THREE YEARS SERVICE CONSTITUTE THREE TIMES 2,448 HOURS, OR THE TOTAL NUMBER OF HOURS SERVICE RENDERED DURING THE 36 MONTHS IMMEDIATELY PRECEDING EACH ADJUSTMENT IN THE HOURLY RATE OF PAY?

THERE IS NOTHING IN THE LAST PROVISO OF SECTION 1 OF THE STATUTE TO JUSTIFY INTERPRETING THE WORDS "THREE YEARS OF PAST CONTINUOUS SERVICE" OTHER THAN IN ACCORDANCE WITH THE USUAL MEANING OF THE WORD; THAT IS, THREE CALENDAR YEARS OR 36 CALENDAR MONTHS IMMEDIATELY PRECEDING THE FIRST ADJUSTMENT IN THE COMPENSATION OF SUBSTITUTE EMPLOYEES UNDER THE STATUTE REGARDLESS OF THE NUMBER OF HOURS OF SERVICE PERFORMED THEREIN. THE TERMS OF THE FIRST PROVISO OF SECTION 1 OF THE STATUTE LIMITING THE INCREASES TO ONE EACH 12 MONTHS TEND TO SUPPORT THAT CONCLUSION. FOR INSTANCE, IF DURING THE PERIOD APRIL 1, 1941, TO MARCH 31, 1944, A SUBSTITUTE EMPLOYEE SERVED LESS THAN 2,448 HOURS OF CREDITABLE SERVICE, NO ADJUSTMENT IN COMPENSATION EFFECTIVE AS OF APRIL 1, 1944, WOULD BE AUTHORIZED, BUT THE ADJUSTMENT TO THE HOURLY EQUIVALENT TO THE FIRST SALARY GRADE OF REGULAR POSTAL EMPLOYEES WOULD BE EFFECTIVE AT THE BEGINNING OF THE FIRST QUARTER AFTER APRIL 1, 1944, THAT THE EMPLOYEE HAD COMPLETED 2,448 HOURS OF CREDITABLE SERVICE DURING THE THREE YEARS OR 36 MONTHS IMMEDIATELY PRECEDING THE FIRST OF A QUARTER. HOWEVER, IF DURING THAT SAME PERIOD A SUBSTITUTE EMPLOYEE SERVED 2,448 HOURS OR MORE OF CREDITABLE SERVICE, BUT LESS THAN 4,896 HOURS, THE EMPLOYEE WOULD BE ENTITLED EFFECTIVE APRIL 1, 1944, TO COMPENSATION REPRESENTING THE PER HOUR EQUIVALENT OF THE ANNUAL SALARY RATE RECEIVED BY REGULAR EMPLOYEES OF THE FIRST GRADE COMPUTED AS PROVIDED BY SECTION 1 OF THE STATUTE, ETC. QUESTION 3 IS ANSWERED ACCORDINGLY.

QUESTION 4.

4. MAY A SUBSTITUTE EMPLOYEE WHO HAS RENDERED CONTINUOUS SERVICE IN EXCESS OF 9792 HOURS DURING THE 36 MONTHS IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS ACT BE PLACED, FOR COMPENSATION PURPOSES, IN A GRADE HIGHER THAN GRADE 3?

THE QUESTION IS ANSWERED IN THE NEGATIVE, THE PURPOSE AND INTENT OF THE FIRST PART OF SECTION 1 OF THE STATUTE, AS LIMITED BY THE LAST PROVISO THEREOF, BEING THAT THE PER HOUR EQUIVALENT OF THE THIRD SALARY GRADE OF REGULAR EMPLOYEES IS THE MAXIMUM INITIAL RATE OF COMPENSATION TO WHICH SUBSTITUTE POSTAL EMPLOYEES MAY BE ADVANCED UNDER THE STATUTE EFFECTIVE APRIL 1, 1944, OR AT THE BEGINNING OF A QUARTER THEREAFTER.

QUESTION 5.

5. MAY AN EMPLOYEE WHO IS ADVANCED IN GRADE AND SALARY RATE AT THE END OF A TWELVE MONTH PERIOD AFTER RENDERING CONTINUOUS SERVICE OF 3650 HOURS SINCE THE LAST ADJUSTMENT IN SALARY RATE, BE GIVEN CREDIT FOR THE HOURS IN EXCESS OF 2448 (1202 HOURS) TOWARD THE NEXT 2448 REQUIRED FOR ADVANCEMENT TO THE NEXT HIGHER SALARY RATE AT THE EXPIRATION OF 12 MONTHS FROM THE DATE OF THE LAST ADJUSTMENT IN HIS RATE OF COMPENSATION?

THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE, IT BEING UNDERSTOOD, OF COURSE, THAT 12 MONTHS OR ONE YEAR MUST ELAPSE BETWEEN EACH INCREASE AND THE NEXT SUCCEEDING ONE. ALL CREDITABLE SERVICE PERFORMED DURING A PERIOD OF THREE YEARS OR 36 MONTHS IMMEDIATELY PRECEDING THE BEGINNING OF ANY QUARTER IS CUMULATIVE AND MAY BE COUNTED IN MAKING ANNUAL INCREASES IN COMPENSATION OF SUBSTITUTE POSTAL EMPLOYEES IN ACCORDANCE WITH THE FORMULA PRESCRIBED BY THE LAW. THAT IS TO SAY, WHEN AN EMPLOYEE HAS BEEN GRANTED HIS INITIAL INCREASE IN COMPENSATION, HE MAY RETAIN HIS CREDIT FOR THE EXTRA HOURS OF SERVICE OVER 2,448 NOT NEEDED TO ENTITLE HIM TO THE INITIAL INCREASE, PROVIDED THE EXCESS HOURS WERE SERVED DURING THE THREE YEARS OR 36 MONTHS IMMEDIATELY PRECEDING THE BEGINNING OF THE QUARTER WHEN THE NEXT ANNUAL INCREASE IS DUE. COMPARE THE PROVISIONS OF SECTION 2 OF THE STATUTE.

QUESTION 6.

6. DOES THE FIRST ADJUSTMENT REQUIRED UNDER THIS ACT CONSTITUTE AN INCREASE IN THE RATE OF PAY AND PRECLUDE ADVANCEMENT TO THE NEXT HIGHER GRADE AND SALARY RATE ON JULY 1, 1944 OF THOSE EMPLOYEES WHOSE COMPENSATION RATES ARE ADJUSTED ORIGINALLY ON MARCH 24 OR APRIL 1, 1944?

THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE, THERE APPEARING NOTHING IN THE STATUTE OR IN ITS LEGISLATIVE HISTORY JUSTIFYING THE CONCLUSION THAT THE FIRST ADJUSTMENT, RESULTING IN AN INCREASE IN COMPENSATION, IS NOT TO BE REGARDED AS "ONE INCREASE IN THE RATE OF PAY" WITHIN THE MEANING OF THE FIRST PROVISO OF SECTION 1 OF THE STATUTE.

QUESTION 7.

7. DOES THE PROVISO LIMITING AN EMPLOYEE TO NOT MORE THAN ONE INCREASE IN THE RATE OF PAY WITHIN A 12 MONTH PERIOD PROHIBIT HIS ADVANCEMENT MORE THAN ONE GRADE AND SALARY RATE AT THE END OF EACH 12 MONTH PERIOD DURING WHICH HIS TOTAL CONTINUOUS SERVICE EXCEEDS 4896 HOURS?

THE TERM "ONE INCREASE IN THE RATE OF PAY" AS USED IN THE FIRST PROVISO OF SECTION 1 OF THE STATUTE CLEARLY MEANS AN INCREASE FROM ONE SALARY GRADE TO ANOTHER, THE PURPOSE AND INTENT OF THE PROVISO BEING TO PRECLUDE THE ADVANCEMENT IN SALARY OF SUBSTITUTE POSTAL EMPLOYEES FASTER THAN THE ADVANCEMENT IN THE SALARY RATES OF REGULAR EMPLOYEES THROUGH THE AUTOMATIC PROMOTIONS. SEE THE STATEMENT MADE BY THE POSTMASTER GENERAL IN HIS LETTER OF MAY 27, 1943 (TO WHICH REFERENCE IS MADE IN THE ANSWER TO QUESTION 1), TO WIT: "REGULAR EMPLOYEES CAN BE GIVEN ONLY ONE PROMOTION A YEAR AND OBVIOUSLY THE RATE OF PAY FOR SUBSTITUTES SHOULD NOT BE INCREASED OFTENER THAN THE PROMOTION FREQUENCY FIXED BY LAW FOR REGULAR EMPLOYEES.' ACCORDINGLY, THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE.

QUESTION 8.

8. DOES THE PROVISO LIMITING AN EMPLOYEE TO ONLY ONE INCREASE IN THE RATE OF PAY WITHIN A 12 MONTH PERIOD PRECLUDE HIS PROMOTION, WITHIN A 12 MONTH PERIOD AFTER THE LAST SALARY ADJUSTMENT OF A TEMPORARY OR SUBSTITUTE EMPLOYEE, INCIDENT TO HIS APPOINTMENT TO A REGULAR POSITION IN A GRADE AND AT A SALARY RATE HIGHER THAN THE GRADE AND RATE IN EFFECT AT THE TIME OF ADVANCEMENT TO THE REGULAR POSITION?

THE APPLICATION OF SECTION 2 OF THE STATUTE (SEE, ALSO, 39 U.S.C. 104) REQUIRES A NEGATIVE ANSWER TO THIS QUESTION. CLEARLY, THE FIRST PROVISO OF SECTION 1, TO WHICH YOU REFER, IS NOT APPLICABLE TO SECTION 2 OF THE STATUTE.

QUESTION 9.

9. AFTER THE ORIGINAL ADJUSTMENT IN THE RATES OF COMPENSATION, MUST THE 2448 HOURS CONTINUOUS SERVICE REQUIRED FOR THE NEXT ADVANCEMENT IN GRADE AND SALARY RATE BE RENDERED WITHIN A PERIOD NOT EXCEEDING THREE YEARS PRIOR TO THE DATE OF ADVANCEMENT?

THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE. SEE THE ANSWER TO QUESTION 5, SUPRA.

QUESTION 10.

10. WHEN A REGULAR EMPLOYEE, PAID AT AN ANNUAL RATE, SUCH AS DRIVER- MECHANIC IN THE MOTOR VEHICLE SERVICE, RENDERS SERVICE IN SOME OTHER POSITION AT AN HOURLY RATE, SUCH AS THAT OF A SUBSTITUTE POST OFFICE CLERK, AFTER COMPLETING HIS REGULAR TOUR OF DUTY, WILL HIS HOURLY RATE OF COMPENSATION BE BASED ON THE TOTAL NUMBER OF HOURS SERVICE RENDERED IN THE HOURLY RATE POSITION ONLY?

SECTION 136, TITLE 39, U.S.C. (45 STAT. 1441), PROVIDES:

MAIL MESSENGERS AND OTHER POSTAL EMPLOYEES; EMPLOYMENT IN DUAL CAPACITY; EXTRA DUTIES; COMPENSATION. POSTMASTERS AND ACTING POSTMASTERS ARE AUTHORIZED, WHEN IN THE JUDGMENT OF THE POSTMASTER GENERAL THE NEEDS AND INTERESTS OF THE POSTAL SERVICE REQUIRE, TO EMPLOY MAIL MESSENGERS AND OTHER POSTAL EMPLOYEES IN A DUAL CAPACITY, OR TO ASSIGN EXTRA DUTIES TO SUCH MAIL MESSENGERS AND OTHER EMPLOYEES; AND, NOTWITHSTANDING THE PROVISIONS OF SECTIONS 58, 69, AND 70 OF TITLE 5, COMPENSATION SHALL BE PAID TO SUCH MAIL MESSENGERS AND OTHER EMPLOYEES FOR SUCH SERVICES AT THE RATE PROVIDED BY LAW FOR SUCH SERVICES. MAR. 1, 1929, CH. 442, SEC. 1, 45 STAT. 1441, AMENDED JUNE 11, 1942, CH. 406, 56 STAT. 358.

AS THE ACT OF MARCH 24, 1944, DOES NOT AUTHORIZE THE COUNTING OF OTHER THAN "SERVICE AS SUCH SUBSTITUTE, INCLUDING SERVICE AS A SPECIAL DELIVERY MESSENGER" TOWARD AUTOMATIC PROMOTION OF SUBSTITUTE POSTAL EMPLOYEES, IT MUST BE HELD THAT "THE RATE PROVIDED BY LAW FOR SUCH SERVICES" WITHIN THE MEANING OF 39 U.S.C. 136, SUPRA, MEANS THE RATE OF COMPENSATION COMPUTED ONLY ON THE BASIS OF SUBSTITUTE AND SPECIAL DELIVERY PASSENGER SERVICE WHICH IS AUTHORIZED BY THE ACT OF MARCH 24, 1944, TO BE INCLUDED IN ADJUSTING UPWARD THE COMPENSATION RATES OF SUBSTITUTE EMPLOYEES, AND MAY NOT INCLUDE SERVICE IN THE REGULAR POSITION OF AN EMPLOYEE WHO IS EMPLOYED IN A SUBSTITUTE POSITION, ALSO. ACCORDINGLY, THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE.

QUESTION 11.

11. WHEN A SUBSTITUTE EMPLOYEE PERFORMS DUAL SERVICE IN TWO OR MORE POSITIONS IN WHICH THE HOURLY RATE OF PAY ARE DIFFERENT, SUCH AS A SUBSTITUTE GARAGEMAN-DRIVER IN THE MOTOR VEHICLE SERVICE (55 CENTS PER HOUR) WHO PERFORMS DUAL SERVICE UNDER SEVERAL SALARY RATES, SUCH AS A SUBSTITUTE GENERAL MECHANIC (70 CENTS PER HOUR) OR AS A SUBSTITUTE POST OFFICE CLERK (65 CENTS PER HOUR), WILL HIS GRADE AND HOURLY RATE IN EACH POSITION BE BASED ON THE TOTAL SERVICE RENDERED IN THAT POSITION, OR WILL THE NUMBER OF HOURS SERVICE RENDERED IN THE SEVERAL POSITIONS BE COMBINED AND FORM THE BASIS FOR THE GRADES AND SALARY RATES APPLICABLE TO THE SEVERAL POSITIONS?

IN LINE WITH THE ANSWER TO QUESTION 10, IT IS BELIEVED THE PURPOSE AND INTENT OF SECTION 1 OF THE ACT OF MARCH 24, 1944, IS TO LIMIT "SERVICE AS SUCH SUBSTITUTE" TO SERVICE IN EACH SEPARATE AND DISTINCT CLASS OF SUBSTITUTE POSITIONS, AND THAT THERE IS NO AUTHORITY TO COMBINE SERVICE UNDER DIFFERENT CLASSES OF SUBSTITUTE POSITIONS HAVING DIFFERENT SALARY RATES AND RANGES AND DIFFERENT DUTIES FOR THE PURPOSE OF COUNTING 2,448 HOURS OF SUBSTITUTE SERVICE SO AS TO AUTHORIZE AN INCREASE IN COMPENSATION UNDER AN APPOINTMENT IN EACH CLASS OF SUBSTITUTE POSITION IN WHICH AN EMPLOYEE MAY BE ENGAGED. HENCE, IT IS REQUIRED THAT THE GRADE AND HOURLY RATE IN EACH POSITION BE BASED UPON THE TOTAL SERVICE RENDERED IN THAT POSITION. COMPARE THE FIRST PART OF SECTION 3 OF THE STATUTE.

QUESTION 12.

12. ARE TEMPORARY, INDEFINITE, AND WAR SERVICE (FOR THE DURATION OF THE WAR AND NOT TO EXCEED 6 MONTHS THEREAFTER) APPOINTEES ELIGIBLE FOR THE BENEFITS OF THIS ACT AND MAY THEIR RATES OF PAY BE BASED PROPERLY ON THE NUMBER OF HOURS CONTINUOUS SERVICE RENDERED DURING THE THREE YEARS IMMEDIATELY PRECEDING EACH ADJUSTMENT IN THE RATE OF COMPENSATION?

BOTH THE TITLE AND SECTION 1 OF THE ACT OF MARCH 24, 1944, RELATE TO SUBSTITUTE POSTAL EMPLOYEES, AND NO DISTINCTION IS MADE THEREIN WITH RELATION TO WHETHER THEIR APPOINTMENTS AS SUBSTITUTES BE DENOMINATED "TEMPORARY," "INDEFINITE," OR " WAR SERVICE.' THEREFORE ASSUMING THAT ,THE TEMPORARY, INDEFINITE, AND WAR SERVICE (FOR THE DURATION OF THE WAR AND NOT TO EXCEED 6 MONTHS THEREAFTER) APPOINTEES" REFERRED TO ARE, IN FACT, SUBSTITUTE POSTAL EMPLOYEES, AND THEIR SALARY ADJUSTMENTS ARE NOT OTHERWISE CONTROLLED OR PROVIDED FOR, THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE.

QUESTION 13.

13. FOR THE PURPOSE OF DETERMINING THE LENGTH OF CONTINUOUS SERVICE DOES THE APPOINTMENT OF A TEMPORARY OR SUBSTITUTE EMPLOYEE TO A REGULAR POSITION CONSTITUTE A BREAK IN SUBSTITUTE SERVICE AND AFFECT THE HOURLY RATE FOR DUAL SERVICE RENDERED IN AN HOURLY RATE POSITION, OTHER THAN HIS REGULAR POSITION, SUCH AS WHEN A REGULAR MOTOR VEHICLE EMPLOYEE MAY RENDER DUAL SERVICE AS A SUBSTITUTE CLERK AFTER COMPLETING HIS REGULAR TOUR OF DUTY?

WHEN A SUBSTITUTE POSTAL EMPLOYEE IS APPOINTED TO A REGULAR POSITION HE RECEIVES CREDIT FOR ALL PRIOR SUBSTITUTE SERVICE IN FIXING HIS SALARY GRADE IN A REGULAR POSITION IN ACCORDANCE WITH THE TERMS OF SECTION 2 OF THE STATUTE. SEE ANSWER TO QUESTION 8. IT WOULD APPEAR TO BE UNREASONABLE TO AUTHORIZE THE COUNTING OF SUCH PRIOR SUBSTITUTE SERVICE AGAIN IN DETERMINING THE SALARY RATE UNDER A SECOND APPOINTMENT AS SUBSTITUTE IN WHICH AN EMPLOYEE MAY SERVE CONCURRENTLY WITH SERVICE IN HIS REGULAR POSITION UNDER AUTHORITY OF 39 U.S.C. 136. HENCE, YOU ARE ADVISED THAT THE APPOINTMENT OF A SUBSTITUTE TO A REGULAR POSITION CONSTITUTES A BREAK IN SUBSTITUTE SERVICE WITHIN THE MEANING OF THE FIRST PART OF SECTION 3 OF THE STATUTE. THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE.

QUESTION 14.

14. WHEN AN EMPLOYEE IS RELEGATED, FOR DISCIPLINARY OR OTHER REASONS, FROM A REGULAR TO A SUBSTITUTE POSITION, MAY HIS GRADE AND HOURLY RATE OF COMPENSATION IN THE SUBSTITUTE POSITION BE FIXED ADMINISTRATIVELY AT A GRADE AND SALARY RATE NOT HIGHER THAN THE GRADE AND SALARY RATE OF THE REGULAR POSITION HELD IMMEDIATELY PRECEDING THE RELEGATION?

SECTION 11 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1060, 1064 (39 U.S.C. 121, 701), CONTAINS THE FOLLOWING PROVISION:

WHENEVER AN EMPLOYEE PROVIDED FOR IN THIS CHAPTER 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. NEITHER THAT STATUTE NOR ANY OTHER TO WHICH ATTENTION HAS BEEN DIRECTED LIMITS OR CONTROLS ADMINISTRATIVE DISCIPLINARY ACTION IN REDUCING POSTAL EMPLOYEES IN GRADE OR SALARY RATE. WITHOUT PASSING UPON ANY QUESTION REGARDING THE LEGALITY OF ADMINISTRATIVE ACTION IN REDUCING AN EMPLOYEE "FOR DISCIPLINARY OR OTHER REASONS" (QUOTING FROM YOUR QUESTION), THERE DOES NOT APPEAR TO BE ANY LEGAL REASON WHY THE SALARY RATE OF A SUBSTITUTE EMPLOYEE WHO PROPERLY HAS BEEN REDUCED FROM A REGULAR POSITION MAY NOT BE FIXED ADMINISTRATIVELY AT A GRADE AND SALARY RATE NOT HIGHER THAN THE GRADE AND SALARY RATE OF THE REGULAR POSITION HELD IMMEDIATELY PRECEDING THE RELEGATION. THE QUESTION IS ANSWERED IN THE AFFIRMATIVE.

QUESTION 15.

15. WHEN A REGULAR LABORER IS PROMOTED TO THE POSITION OF SUBSTITUTE POST OFFICE CLERK, MAY THE SERVICE RENDERED AS A REGULAR LABORER BE CONSIDERED IN FIXING HIS HOURLY RATE OF COMPENSATION AS A SUBSTITUTE POST OFFICE CLERK?

THIS QUESTION IS ANSWERED IN THE NEGATIVE. SEE ANSWERS TO QUESTIONS 10 AND 11.

QUESTION 16.

16. DOES ABSENCE FROM DUTY BY A TEMPORARY EMPLOYEE, WHO IS NOT SUBJECT TO CALL BUT WHOSE NAME IS STILL CARRIED ON THE ROLLS, CONSTITUTE A BREAK IN SERVICE WHEN CONSIDERING THE LENGTH OF CONTINUOUS SERVICE?

SINCE THE ACT HERE UNDER CONSIDERATION RELATES TO SUBSTITUTE POSTAL EMPLOYEES IT IS ASSUMED THAT YOUR REFERENCE TO "TEMPORARY EMPLOYEE" IN THIS QUESTION HAS RELATION ONLY TO A SUBSTITUTE POSTAL EMPLOYEE, AND UPON THAT ASSUMPTION THIS QUESTION IS FOR ANSWERING IN THE NEGATIVE.

QUESTION 17.

17. IN DETERMINING THE TOTAL NUMBER OF HOURS CONTINUOUS SERVICE RENDERED BY SUBSTITUTE EMPLOYEES, WILL EACH DAY'S ABSENCE ON LEAVE WITH PAY BE CONSIDERED THE SAME AS 8 HOURS' SERVICE?

THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE. SEE 39 U.S.C. 104; 19 COMP. GEN. 177; DECISION OF MARCH 31, 1944, B-5235, 23 COMP. GEN. 739. COMPARE 13 COMP. GEN. 295, 370, 444; 14 ID. 761; 16 ID. 757; 18 ID. 191, 575; 20 ID. 555; 21 ID. 853.

QUESTION 18.

18. MAY A SUBSTITUTE POST OFFICE CLERK WHO HAS TRANSFERRED TO A POSITION AS SUBSTITUTE CLERK IN THE RAILWAY MAIL SERVICE AT A HIGHER HOURLY RATE OF COMPENSATION BE GIVEN CREDIT FOR THE NUMBER OF HOURS SERVICE RENDERED AS A SUBSTITUTE POST OFFICE CLERK FOR THE PURPOSE OF FIXING HIS RATE OF COMPENSATION AS A SUBSTITUTE CLERK IN THE RAILWAY SERVICE?

THIS QUESTION IS ANSWERED IN THE NEGATIVE. SEE ANSWERS TO QUESTIONS 10, 11, AND 15.

QUESTION 19.

19. DOES SECTION 3 OF THIS ACT ABROGATE THE ADMINISTRATIVE AUTHORITY TO CREDIT SUBSTITUTE POSTAL EMPLOYEES WHILE THEY ARE IN MILITARY SERVICE WITH THE SAME AVERAGE NUMBER OF HOURS SERVICE DURING MILITARY SERVICE AS THE SAME SUBSTITUTES SERVED DURING THE SAME PERIOD OF TIME LAST PRECEDING THEIR ENTRY INTO THE MILITARY SERVICE, OR FOR A LONGER PERIOD OF PRIOR SERVICE, IN FIXING THE SALARY RATE UPON ADVANCEMENT TO REGULARS? (SEE YOUR DECISION (B-16546) 20 COMP. GEN. 789.)

THE RULE STATED IN THE DECISION OF MAY 20, 1941, 20 COMP. GEN. 789, TO WHICH YOU REFER, IS AS FOLLOWS (QUOTING FROM THE SYLLABUS):

SINCE SUBSTITUTE POSTAL EMPLOYEES DO NOT ALWAYS WORK FULL TIME, IT WOULD BE IMPROPER TO CREDIT THEM, UPON RESTORATION TO THEIR CIVILIAN POSITIONS UNDER THE TERMS AND CONDITIONS OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 OR PUBLIC RESOLUTION NO. 96, APPROVED AUGUST 27, 1940, AS AMENDED, WITH 8 HOURS A DAY FOR THE TIME THEY WERE IN THE MILITARY SERVICE IN FIXING THEIR SALARY RATE UPON ADVANCEMENT TO REGULARS, BUT THE POSTMASTER GENERAL MAY ADOPT A RULE FOR CREDITING TIME IN THE MILITARY SERVICE BASED ON THE AVERAGE NUMBER OF HOURS' SERVICE DURING A PERIOD PRECEDING THE MILITARY SERVICE.

THE PROVISO TO SECTION 3 OF THE ACT OF MARCH 24, 1944, AUTHORIZING PRO RATA CREDIT FOR MILITARY SERVICE UPON THE BASIS OF 2,448 HOURS FOR EACH YEAR OF SUCH SERVICE IS APPLICABLE IN COMPUTING " ALLOWABLE SERVICE UNDER THE PROVISIONS OF THIS ACT" (QUOTING FROM THE FIRST PART OF SECTION 3), WHICH INCLUDES ALLOWABLE SERVICE CREDITABLE TO A SUBSTITUTE POSTAL EMPLOYEE UPON APPOINTMENT TO A REGULAR POSITION AS PROVIDED BY SECTION 2 OF THIS ACT. ACCORDINGLY, THERE IS REQUIRED THE CONCLUSION THAT THE PROVISO TO SECTION 3 OF THE ACT OF MARCH 24, 1944, SUPERSEDES AND RENDERS INOPERATIVE THE RULE STATED IN THE CITED DECISION. THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE.