B-156994, AUG. 11, 1965

B-156994, AUG. 11, 1965

TO MR. NAT RUBIN:

THIS REFERS TO YOUR LETTER OF MAY 28, 1965, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR SALARY ADJUSTMENT INCIDENT TO YOUR SERVICE IN THE POSTAL FIELD SERVICE WHICH CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION SETTLEMENT DATED MAY 18, 1965.

IT APPEARS THAT IMMEDIATELY PRIOR TO THE PAY PERIOD BEGINNING OCTOBER 13, 1962, YOUR REGULAR LEVEL WAS PFS-11-7C ($9,420 PER ANNUM) BUT YOU WERE ACTUALLY SERVING ON DETAIL TO LEVEL PFS-13-4C AND HAVING SERVED THE 30-DAY QUALIFYING PERIOD THEREIN YOU WERE RECEIVING AND HAD BEEN RECEIVING SINCE MARCH 17, 1962, THE COMPENSATION FOR THE HIGHER LEVEL ($10,390 PER ANNUM). ON OCTOBER 13, 1962, THE EFFECTIVE DATE OF PUB.L. 793 YOUR REGULAR LEVEL SALARY (PFS-11-7C) WAS CONVERTED TO PFS 11, STEP 9, $10,165 PER ANNUM AND YOU WERE PAID AT PFS-13, STEP 4, $10,700 PER ANNUM, WHICH RATE YOU CONTINUED TO RECEIVE AFTER YOUR ACTUAL PROMOTION TO THE HIGHER LEVEL ON NOVEMBER 10, 1962, FOUR WEEKS LATER.

YOU SAY, IN EFFECT, THAT HAD YOU BEEN PROMOTED RATHER THAN DETAILED TO THE HIGHER LEVEL POSITION EFFECTIVE MARCH 17, 1962, YOU WOULD HAVE BEEN PAID AT LEVEL 13-4C, AND WITH THE EFFECTIVE DATE OF PUB.L. 793, OCTOBER 13, 1962, YOU WOULD HAVE BEEN PLACED IN LEVEL 13-7 AT $11,675. THEREFORE, YOU CONTEND THAT UNDER SECTION 756.544 (C) OF THE POSTAL MANUAL YOU WERE SO ENTITLED. THAT SECTION IS QUOTED BY YOU AS FOLLOWS:

"THE RATE OF PAY FOR SERVICE IN THE HIGHER LEVEL POSITION IS DETERMINED UNDER PROVISIONS OF 753.322. WHEN AN EMPLOYEE IS RECEIVING PAY FOR SERVICE IN A HIGHER LEVEL POSITION, SUCH COMPENSATION SHALL BE PAID UNDER THE LAWS AND REGULATIONS RELATING TO THE HIGHER LEVEL POSITION, WITHOUT REGARD TO EMPLOYMENT STATUS OF THE EMPLOYEE IN HIS NORMAL ASSIGNMENT. THUS, AN EMPLOYEE WILL BE COMPENSATED FOR TIME WORKED IN THE SAME MANNER AS IF HE HAD BEEN PROMOTED TO THE HIGHER LEVEL.'

THE SALARY RATE OF AN EMPLOYEE DETAILED TO A HIGHER LEVEL POSITION IS DETERMINED EACH PAY PERIOD. CONSEQUENTLY, AT THE BEGINNING OF THE PAY PERIOD OCTOBER 13-26, 1962, YOUR REGULAR SALARY WAS CONVERTED FROM PFS-11- 7C, $9,420 TO PFS-11, STEP 9, $10,165, AND YOU WERE PAID AT PFS-13, STEP 4, $10,700, WHICH WAS THE RATE YOU WOULD HAVE RECEIVED IF PROMOTED AT THAT TIME. YOU APPARENTLY AGREE THAT SUCH ACTION CONFORMED TO THE FIRST SENTENCE OF THE QUOTED SECTION BUT EXPRESS THE VIEW THAT THE REMAINING SENTENCES "ESTABLISH THE INTENT" TO THE CONTRARY AND THAT THE INTENT SHOULD GOVERN. WE DO NOT AGREE. IT IS OUR VIEW THAT SUCH REMAINING SENTENCES HAVE REFERENCE TO OVERTIME, NIGHT DIFFERENTIAL, HOLIDAY PAY, ETC., WHEN APPLICABLE AND WERE INCLUDED TO DISPEL ANY DOUBT THAT SUCH ITEMS WERE TO BE GOVERNED BY THE REGULATIONS PERTAINING TO THE HIGHER LEVEL COMPENSATION DURING THE PERIODS IN WHICH THE EMPLOYEES ARE SO SERVING. FURTHER, WE FIND NO CLEAR BASIS FOR HOLDING THAT THE 1962 ACT CONTEMPLATED THAT CONVERSIONS AUTHORIZED THEREIN SHOULD BE BASED ON THE POSITIONS TO WHICH EMPLOYEES ARE DETAILED OR THE SALARY RATES RECEIVED DURING SUCH PERIODS OF DETAILED SERVICE RATHER THAN THEIR REGULAR LEVELS AND SALARY RATES. ACCORDINGLY, UPON REVIEW WE FIND THAT DISALLOWANCE OF YOUR CLAIM WAS CORRECT.