A-10137, JULY 29, 1925, 5 COMP. GEN. 68

A-10137: Jul 29, 1925

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1925: I HAVE YOUR LETTER OF JULY 17. THE ONLY FIELD SERVICE APPROPRIATION PROVIDING FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA UNDER THE OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL IS THE APPROPRIATION ITEM . THE HOLDING IN THE FORMER DECISION WAS BASED ON WHAT WAS UNDERSTOOD FROM YOUR SUBMISSION TO BE THE CONDITION IN THE OFFICE CONCERNED. YOU NOW STATE: IT IS NOTED THAT YOU FURTHER HOLD "ON THE BASIS OF THE PRESENT SUBMISSION" THAT "THE AGGREGATE AMOUNT APPROPRIATED FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA UNDER THE OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL. YOUR STATEMENT IS ALSO NOTED THAT "IF THE STATEMENT TO THE EFFECT THAT THE PROPOSED TRANSFER INVOLVES NO CHANGE IN DUTIES DOES NOT MEAN THAT THE EMPLOYEE IS TO REMAIN IN THE IDENTICAL POSITION IN WHICH HE HAS BEEN SERVING DURING THE FISCAL YEAR 1925.

A-10137, JULY 29, 1925, 5 COMP. GEN. 68

CLASSIFICATION OF CIVILIAN EMPLOYEES - APPROPRIATION UNIT - POST OFFICE DEPARTMENT THE ITEM OF APPROPRIATION "MAIL BAGS AND EQUIPMENT" UNDER THE OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL, PROVIDING FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA, MAY BE CONSIDERED AS A SEPARATE AND DISTINCT "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT" FROM THE APPROPRIATION FOR ADMINISTRATIVE WORK OF THE OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL WITHIN THE MEANING OF THE AVERAGE PROVISION RESTRICTING PAYMENTS OF COMPENSATION FOR PERSONAL SERVICES UNDER THE CLASSIFICATION ACT OF 1923. 5 COMP. GEN. 2, MODIFIED.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, JULY 29, 1925:

I HAVE YOUR LETTER OF JULY 17, 1925, REQUESTING RECONSIDERATION OF DECISION OF JULY 3, 1925, 5 COMP. GEN. 2, IN SO FAR AS IT HELD THAT THE APPROPRIATIONS MADE FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA, BY THE ACT OF JANUARY 22, 1925, 43 STAT. 782 AND 787, UNDER THE HEADINGS ,OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL" AND "FIELD SERVICE, POST OFFICE DEPARTMENT," ,OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL," CONSTITUTED ONE "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT" WITHIN THE MEANING OF THE AVERAGE PROVISION APPEARING IN THE SAME ACT, RESTRICTING PAYMENTS OF COMPENSATION UNDER THE CLASSIFICATION ACT.

THE ONLY FIELD SERVICE APPROPRIATION PROVIDING FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA UNDER THE OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL IS THE APPROPRIATION ITEM ,MAIL BAGS AND EQUIPMENT.'

THE HOLDING IN THE FORMER DECISION WAS BASED ON WHAT WAS UNDERSTOOD FROM YOUR SUBMISSION TO BE THE CONDITION IN THE OFFICE CONCERNED. YOU NOW STATE:

IT IS NOTED THAT YOU FURTHER HOLD "ON THE BASIS OF THE PRESENT SUBMISSION" THAT "THE AGGREGATE AMOUNT APPROPRIATED FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA UNDER THE OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL, EXCLUSIVE OF THE PORTION NOT SUBJECT TO CLASSIFICATION, CONSTITUTES ONE BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT WITHIN THE MEANING OF THE AVERAGE PROVISION.' YOUR STATEMENT IS ALSO NOTED THAT "IF THE STATEMENT TO THE EFFECT THAT THE PROPOSED TRANSFER INVOLVES NO CHANGE IN DUTIES DOES NOT MEAN THAT THE EMPLOYEE IS TO REMAIN IN THE IDENTICAL POSITION IN WHICH HE HAS BEEN SERVING DURING THE FISCAL YEAR 1925, BUT MEANS THAT HE IS TO BE TRANSFERRED TO ANOTHER POSITION WITH THE SAME KIND OF DUTIES, IT IS OBVIOUS THAT THE WORK UNDER THE TWO APPROPRIATIONS IS NOT SO DISSIMILAR AND UNRELATED AS TO CONSTITUTE SEPARATE AND DISTINCT UNITS.'

IN THIS CONNECTION IT MAY BE STATED THAT THE TRANSFER DOES MEAN THAT THE EMPLOYEE IS TO REMAIN IN THE IDENTICAL POSITION IN WHICH HE SERVED DURING THE FISCAL YEAR 1925. IT MAY ALSO BE FURTHER STATED THAT THE EMPLOYEES PAID FROM THE APPROPRIATION FOR "SALARIES, OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL," ARE ENGAGED UPON ADMINISTRATIVE AND CLERICAL WORK PERTAINING TO RURAL DELIVERY AND STAR ROUTE SERVICE AND THE DISTRIBUTION OF EQUIPMENT AND SUPPLIES TO THE POSTAL SERVICE. THERE ARE ALSO A FEW DRAFTSMEN WHO ARE ENGAGED IN MAKING POST ROUTE AND RURAL DELIVERY COUNTY AND LOCAL CENTER MAPS. THESE EMPLOYEES ARE REGARDED AS DEPARTMENTAL AND UNDER CIVIL SERVICE ARE CHARGED TO THE APPORTIONED SERVICE. EMPLOYEES PAID FROM THE APPROPRIATION FOR "MAIL BAGS AND EQUIPMENT" ARE ENGAGED IN THE MANUFACTURE AND REPAIR OF EQUIPMENT FOR USE IN THE POSTAL SERVICE, INCLUDING BAGS, LOCKS, KEYS, CHAINS, TOOLS, MACHINERY, AND OTHER SPECIAL EQUIPMENT, AND ARE IN THE NONAPPORTIONED CIVIL SERVICE. THE DEPARTMENT FEELS THAT THE WORK UPON WHICH THE EMPLOYEES PAID FROM THE TWO APPROPRIATIONS IN QUESTION ARE ENGAGED IS SO DISSIMILAR AND UNRELATED AS TO JUSTIFY TWO SEPARATE AND DISTINCT APPROPRIATION UNITS. THIS OPINION IS BASED UPON THE FACT THAT THE FIRST GROUP OF EMPLOYEES ARE ENGAGED ALMOST EXCLUSIVELY UPON ADMINISTRATIVE AND CLERICAL WORK WHILE THE OTHER GROUP IN THE MAIL EQUIPMENT SHOPS ARE ENGAGED IN MANUFACTURING AND REPAIR WORK. THE CIVIL-SERVICE STATUS OF THE EMPLOYEES OF THE TWO GROUPS IS DIFFERENT, ONE GROUP BEING IN THE APPORTIONED WHILE THE OTHER IS IN THE NONAPPORTIONED SERVICE, AND IT WOULD NOT BE PRACTICAL OR ADVISABLE TO CORRELATE THEIR EFFICIENCY RATINGS AND REGARD THEM IN COMPETITION WITH EACH OTHER IN ANY WAY.

UPON FURTHER EXAMINATION OF THE APPROPRIATION ACT IN THE LIGHT OF YOUR EXPLANATION AS TO THE SERVICES PERFORMED THEREUNDER, THE PURPOSES PROVIDED UNDER THE APPROPRIATION ITEM "MAIL BAGS AND EQUIPMENT" ARE NOW DEEMED SUFFICIENTLY DISSIMILAR AND UNRELATED TO THE PURPOSES PROVIDED FOR UNDER THE ADMINISTRATIVE APPROPRIATION FOR THE OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL AS TO CONSTITUTE IT A SEPARATE AND DISTINCT "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT" WITHIN THE MEANING OF THE AVERAGE PROVISION. DECISION OF JULY 3, 1925, IS HEREBY MODIFIED ACCORDINGLY.

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