B-143191, FEB. 26, 1964

B-143191: Feb 26, 1964

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YOU WERE DETAILED TO A PFS 5. YOU WERE DETAILED TO THE POSITION OF PAYROLL SUPERVISOR. YOU WERE ENTITLED TO STEP 4 OF PFS-7 AT THE BEGINNING OF THE FIRST PAY PERIOD FOLLOWING THE COMPLETION OF 52 CALENDAR WEEKS OF SATISFACTORY SERVICE WITHOUT AN EQUIVALENT INCREASE IN BASIC SALARY. WHICH IS GREATER THAN THE STEP-INCREASE IN PFS-5 OF $160. AS FAR AS WE HAVE BEEN ABLE TO ASCERTAIN. THIS POINT IS NOT COVERED BY ANY REGULATIONS OR INTERNAL INSTRUCTIONS EITHER IN REGARD TO REGULAR PROMOTIONS OR TO DETAILS. AS IS DONE FOR OTHER FEDERAL EMPLOYEES UNDER THE DEFINITION OF AN EQUIVALENT INCREASE IN THE FEDERAL EMPLOYEES PAY REGULATIONS (SEE 5 CFR 25.155). SINCE THE INCREASE RESULTING FROM THE CHANGE IN DETAIL FROM PFS-5 TO PFS-7 IS GREATER THAN A STEP-INCREASE IN PFS-5.

B-143191, FEB. 26, 1964

TO MR. ROBERT Q. ARGO:

THIS REFERS TO YOUR LETTER OF JANUARY 30, 1964, REQUESTING REVIEW OF THAT PART OF OUR SETTLEMENT OF JANUARY 9, 1964, WHICH DISALLOWED YOUR CLAIM FOR AN ADJUSTMENT OF SALARY FOR THE PERIOD JUNE 23 THROUGH AUGUST 3, 1962.

THE RECORD SHOWS THAT ON MAY 13, 1961, YOU WERE DETAILED TO A PFS 5, STEP 7 POSITION AND AFTER SERVING 30 DAYS RECEIVED THE HIGHER SALARY RATE. JULY 29, 1961, YOU WERE DETAILED TO THE POSITION OF PAYROLL SUPERVISOR, PFS-7, STEP 3, AND REMAINED ON DETAIL IN THAT POSITION UNTIL SEPTEMBER 15, 1962, ON WHICH DATE YOU RECEIVED A PROMOTION THERETO. PURSUANT TO THE REGULATIONS ISSUED BY THE POST OFFICE DEPARTMENT, FROM SEPTEMBER 2, 1961, TO THE DATE OF YOUR APPOINTMENT TO THE POSITION, SEPTEMBER 15, 1962, YOU RECEIVED THE HIGHER LEVEL SALARY.

UNDER 39 U.S.C. 3552, YOU WERE ENTITLED TO STEP 4 OF PFS-7 AT THE BEGINNING OF THE FIRST PAY PERIOD FOLLOWING THE COMPLETION OF 52 CALENDAR WEEKS OF SATISFACTORY SERVICE WITHOUT AN EQUIVALENT INCREASE IN BASIC SALARY.

THE CHANGE IN DETAIL PFS-5, STEP 7, $5,565 TO PFS-7, STEP 3, $5,740, RESULTED IN AN INCREASE IN COMPENSATION OF $175, WHICH IS GREATER THAN THE STEP-INCREASE IN PFS-5 OF $160, ALTHOUGH LESS THAN THE STEP-INCREASE IN PFS-7 OF $185. THE DEFINITION OF AN EQUIVALENT INCREASE IN SECTION 754.1 OF THE POSTAL MANUAL DOES NOT COVER THE POINT WHETHER THE MEASURE OF AN EQUIVALENT INCREASE SHOULD BE THE AMOUNT OF A STEP-INCREASE IN PFS-5 OR IN PFS-7. AS FAR AS WE HAVE BEEN ABLE TO ASCERTAIN, THIS POINT IS NOT COVERED BY ANY REGULATIONS OR INTERNAL INSTRUCTIONS EITHER IN REGARD TO REGULAR PROMOTIONS OR TO DETAILS. IN THE ABSENCE THEREOF, WE FEEL THAT, FOR THE SOLE PURPOSE OF DETERMINING STEP-INCREASE CREDIT FOR PFS-7, THE INCREASE IN COMPENSATION RESULTING FROM THE CHANGE IN DETAIL SHOULD BE VIEWED AS THOUGH THAT INCREASE HAD RESULTED FROM A CHANGE OF POSITION FROM PFS-5 TO PFS-7 RATHER THAN FROM A CHANGE IN DETAIL, AND THAT SUCH INCREASE SHOULD BE MEASURED BY THE AMOUNT OF STEP-INCREASES IN THE GRADE FROM WHICH THAT CHANGE OCCURRED, PFS-5, AS IS DONE FOR OTHER FEDERAL EMPLOYEES UNDER THE DEFINITION OF AN EQUIVALENT INCREASE IN THE FEDERAL EMPLOYEES PAY REGULATIONS (SEE 5 CFR 25.155). SINCE THE INCREASE RESULTING FROM THE CHANGE IN DETAIL FROM PFS-5 TO PFS-7 IS GREATER THAN A STEP-INCREASE IN PFS-5, THE WAITING PERIOD FOR STEP 4 IN PFS-7 WAS COMPUTED FROM THE DATE OF DETAIL TO PFS-7, STEP 3, THAT IS, FROM JULY 29, 1961. THE EFFECTIVE DATE OF YOUR ADVANCEMENT TO STEP 4 WAS AUGUST 4, 1962.

THEREFORE, THE ACTION TAKEN IN OUR SETTLEMENT OF JANUARY 9, 1964, IS SUSTAINED.

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