B-90336, MAY 19, 1950, 29 COMP. GEN. 472

B-90336: May 19, 1950

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1950: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 27. - IS A CHARMAN IN THE CUSTODIAL SERVICE APPOINTED JANUARY 1. - IS AN EMPLOYEE APPOINTED PROBATIONALLY TO A POSITION OF CHAIRMAN IN THE CUSTODIAL SERVICE ON DECEMBER 1. ENTITLED TO ORIGINAL APPOINTMENT AT GRADE 3 OR IS HE REQUIRED TO WAIT UNTIL DECEMBER 1. WHOSE ORIGINAL APPOINTMENT TO A "REGULAR POSITION" WAS TO A GRADE LOWER THAN GRADE 3 UNDER THE POSTAL PAY ACT OF JULY 6. - ORIGINALLY WERE CONSIDERED AS APPLYING TO ALL HOURLY RATE EMPLOYEES. THAT IT NOW IS THOUGHT ADMINISTRATIVELY THAT. SINCE CHARMEN AND CHARWOMEN ARE EMPLOYED ON REGULAR TOURS OF DUTY. THEY PROPERLY ARE FOR CONSIDERATION AS COMING UNDER THE PROVISIONS OF SUBSECTIONS (A) AND (B).

B-90336, MAY 19, 1950, 29 COMP. GEN. 472

COMPENSATION - POSTAL SERVICE - CHARMEN AND CHARWOMEN A POSTAL FIELD SERVICE EMPLOYEE WHO RECEIVES AN APPOINTMENT TO THE COMPETITIVE CLASSIFIED POSITION OF CHARMAN OR CHARWOMAN, ESTABLISHED UNDER THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, MAY BE CONSIDERED AS HAVING BEEN APPOINTED TO A "REGULAR POSITION" WITHIN THE MEANING OF THAT TERM AS USED IN SECTION 2 OF THE POSTAL PAY ACT OF OCTOBER 28, 1949, SO AS TO BE ENTITLED TO AN ADVANCEMENT TO GRADE 3 ON THE EFFECTIVE DATE OF THE 1949 ACT, UNDER AN APPOINTMENT MADE PRIOR THERETO, OR TO BE APPOINTED AT THAT GRADE ON OR AFTER THAT DATE.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, MAY 19, 1950:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 27, 1949, YOUR REFERENCE 47, REQUESTING DECISIONS UPON TWO MATTERS HEREINAFTER SET FORTH.

THE FIRST MATTER INVOLVES THE QUESTION OF WHETHER EMPLOYMENT IN THE CUSTODIAL SERVICE FROM OCTOBER 1, 1933, AND ALL SERVICE IN THE MAIL EQUIPMENT SHOPS, MAY BE CREDITED AS POSTAL FIELD SERVICE IN COMPUTING THE ELIGIBILITY FOR MERITORIOUS AND LONGEVITY GRADES UNDER SECTION 1 OF THE POSTAL PAY ACT OF OCTOBER 28, 1949, PUBLIC LAW 428, 63 STAT. 952. IN VIEW OF THE PROVISIONS OF SECTION 4 (B) OF THE ACT OF MAY 3, 1950, PUBLIC LAW 500, 64 STAT. 103, REPEALING THE PROVISIONS OF SECTION 1 OF PUBLIC LAW 428, RETROACTIVELY EFFECTIVE TO NOVEMBER 1, 1949, AND IN VIEW OF THE PROVISIONS OF SECTION 1 (C) OF PUBLIC LAW 500, 64 STAT. 101, AUTHORIZING CUSTODIAL SERVICE IN THE POST OFFICE DEPARTMENT ON OR AFTER OCTOBER 1, 1933, AND SERVICE IN THE MAIL EQUIPMENT SHOPS BEFORE OR AFTER JULY 1, 1945, TO BE CONSIDERED AS POSTAL FIELD SERVICE, THERE NO LONGER APPEARS TO BE ANY NEED FOR CONSIDERATION OF THE FIRST MATTER.

YOU PRESENT THE FOLLOWING QUESTIONS IN CONNECTION WITH THE SECOND MATTER:

1--- IS A CHARMAN IN THE CUSTODIAL SERVICE APPOINTED JANUARY 1, 1949, UNDER COMPETITIVE CLASSIFIED APPOINTMENT, AT GRADE 1, ENTITLED TO ADVANCEMENT TO GRADE 3, EFFECTIVE NOVEMBER 1, 1949, UNDER SECTION 2 (A) OF THE ACT.

2--- IS AN EMPLOYEE APPOINTED PROBATIONALLY TO A POSITION OF CHAIRMAN IN THE CUSTODIAL SERVICE ON DECEMBER 1, 1949, UNDER SECTION 2 (A) ( (B) (, ENTITLED TO ORIGINAL APPOINTMENT AT GRADE 3 OR IS HE REQUIRED TO WAIT UNTIL DECEMBER 1, 1950, BEFORE ADVANCEMENT TO GRADE 3.

SUBSECTION (A) OF SECTION 2, PUBLIC LAW 428, 63 STAT. 953, PROVIDES, IN EFFECT, THAT EACH EMPLOYEE IN THE POSTAL FIELD SERVICE PRIOR TO NOVEMBER 1, 1949, THE EFFECTIVE DATE OF PUBLIC LAW 428, WHOSE ORIGINAL APPOINTMENT TO A "REGULAR POSITION" WAS TO A GRADE LOWER THAN GRADE 3 UNDER THE POSTAL PAY ACT OF JULY 6, 1945, PUBLIC LAW 134, 59 S 435, AS AMENDED, WHO HAS NOT PROGRESSED TO GRADE 3, SHALL BE PLACED IN GRADE 3 AS OF NOVEMBER 1, 1949. SUBSECTION (B) OF SAID SECTION 2, 63 STAT. 953, AUTHORIZES FUTURE APPOINTEES TO A "REGULAR POSITION" TO BE PLACED IN GRADE 3. SUBSECTIONS (C) AND (D) OF SECTION 2, 63 STAT. 953, APPLY TO INDIVIDUALS THERETOFORE OR THEREAFTER APPOINTED TO A SUBSTITUTE OR TEMPORARY POSITION AND REQUIRE SUCH APPOINTEES TO BE ON THE ROLLS FOR AN AGGREGATE PERIOD OF ONE YEAR BEFORE ADVANCEMENT TO GRADE 3.

IT APPEARS FROM YOUR LETTER THAT THE PROVISIONS OF SUBSECTIONS (C) AND (D) OF SECTION 2, PUBLIC LAW 428--- APPLICABLE TO AN APPOINTEE TO A SUBSTITUTE OR TEMPORARY POSITION--- ORIGINALLY WERE CONSIDERED AS APPLYING TO ALL HOURLY RATE EMPLOYEES, INCLUDING CHARMEN AND CHARWOMEN OF THE CUSTODIAL SERVICE COMPENSATED AT HOURLY RATES PURSUANT TO SECTION 14 (J), PUBLIC LAW 134, 59 STAT. 449, BUT THAT IT NOW IS THOUGHT ADMINISTRATIVELY THAT, SINCE CHARMEN AND CHARWOMEN ARE EMPLOYED ON REGULAR TOURS OF DUTY, THEY PROPERLY ARE FOR CONSIDERATION AS COMING UNDER THE PROVISIONS OF SUBSECTIONS (A) AND (B), SECTION 2, PUBLIC LAW 428, APPLICABLE TO APPOINTEES TO A "REGULAR ITION.'

THERE ARE NO PROVISIONS FOR THE APPOINTMENT OF SUBSTITUTES IN THE CUSTODIAL SERVICE, AND, SINCE THERE IS NO QUESTION OF THE CHARMEN OR CHARWOMEN HERE INVOLVED HAVING RECEIVED A TEMPORARY APPOINTMENT, IT IS CLEAR THAT SAID CLASS OF EMPLOYEES DOES NOT COME WITHIN THE PROVISIONS OF SUBSECTIONS (C) AND (D), SECTION 2, PUBLIC LAW 428, IRRESPECTIVE OF THE FACT THAT THEY ARE COMPENSATED AT HOURLY RATES. WHILE SUBSECTIONS (A) AND (B) OF SECTION 2, PUBLIC LAW 428, USE THE TERM "REGULAR POSITION," HOUSE REPORT NO. 1448, ACCOMPANYING H.R. 4495, WHICH BECAME PUBLIC LAW 428, DISCLOSES THAT THE SAID SUBSECTIONS WERE INTENDED TO APPLY TO "REGULAR EMPLOYEES.'

SINCE TEMPORARY AND SUBSTITUTE EMPLOYEES ARE COVERED BY SUBSECTIONS (C) AND (D), IT APPEARS THAT AN EMPLOYEE RECEIVING A COMPETITIVE CLASSIFIED APPOINTMENT TO THE POSITION OF/CHARMAN OR CHARWOMAN ESTABLISHED UNDER SECTION 14 (J), PUBLIC LAW 134, 59 STAT. 449, PROPERLY MAY BE CONSIDERED AS HAVING BEEN APPOINTED TO A "REGULAR POSITION" WITHIN THE MEANING OF THAT TERM AS USED IN SUBSECTIONS (A) AND (B), SECTION 2, PUBLIC LAW 428. THIS, OF COURSE, INCLUDES A PROBATIONAL APPOINTEE WHO IS APPOINTED TO SUCH A POSITION BUT WHO IS REQUIRED UNDER SECTION 2.3 OF CIVIL SERVICE RULE II TO SERVE A TRIAL PERIOD DURING THE PERIOD OF PROBATION.

ACCORDINGLY, THE EMPLOYEE DESCRIBED IN QUESTION 1 ABOVE, WHO WAS APPOINTED ON JANUARY 1, 1949, UNDER A COMPETITIVE CLASSIFIED APPOINTMENT TO THE POSITION OF CHAIRMAN, PROVIDED FOR UNDER SECTION 14 (J), PUBLIC LAW 134, MAY BE CONSIDERED AS HAVING BEEN APPOINTED TO A "REGULAR POSITION" AND ENTITLED UNDER SUBSECTION (A), SECTION 2, PUBLIC LAW 428, TO ADVANCEMENT TO GRADE 3, EFFECTIVE NOVEMBER 1, 1949. UNDER THE SAME RULE THE EMPLOYEE INVOLVED IN QUESTION 2 WHO RECEIVED A PROBATIONAL APPOINTMENT AS CHARMAN ON DECEMBER 1, 1949, IS ENTITLED TO AN ORIGINAL APPOINTMENT AT GRADE 3 UNDER SUBSECTION (B), SECTION 2, PUBLIC LAW 428.

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