B-31596, JANUARY 11, 1943, 22 COMP. GEN. 644

B-31596, JANUARY 11, 1943, 22 COMP. GEN. 644

ADDITIONAL COMPENSATION UNDER THE ACT OF DECEMBER 22, 1942 - SPECIAL DELIVERY MESSENGERS SPECIAL DELIVERY MESSENGERS OF THE POST OFFICE DEPARTMENT ARE "CIVILIAN EMPLOYEES IN OR UNDER THE UNITED STATES GOVERNMENT" AS THE TERM IS USED IN THE OVERTIME AND ADDITIONAL COMPENSATION ACT OF DECEMBER 22, 1942, AND AS THEIR COMPENSATION IS BASED ON "FEES," OR "PIECE WORK," OR "OTHER THAN A TIME PERIOD BASIS," SUCH EMPLOYEES ARE ENTITLED, WITHIN THE LIMITATIONS OF THE STATUTE, TO PAYMENT OF THE 10 PERCENT ADDITIONAL COMPENSATION, IN LIEU OF OVERTIME COMPENSATION, AUTHORIZED THEREIN.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, JANUARY 11, 1943:

I HAVE YOUR LETTER OF JANUARY 7, 1943, AS FOLLOWS:

REFERENCE IS MADE TO MY LETTER OF JANUARY 1, CONCERNING THE APPLICABILITY OF CERTAIN PROVISIONS OF SENATE JOINT RESOLUTION 170. IN ADDITION TO THE INFORMATION REQUESTED THEREIN IT WILL BE APPRECIATED IF YOU WILL ADVISE CONCERNING THE FOLLOWING.

ARE SPECIAL DELIVERY MESSENGERS CIVILIAN EMPLOYEES OF THE GOVERNMENT AND AS SUCH ENTITLED TO THE 10 PERCENT BONUS AUTHORIZED BY THE JOINT RESOLUTION? THE SPECIAL DELIVERY SERVICE IS AUTHORIZED BY THE PROVISIONS OF TITLE 39, SECTION 165, U.S.C., AND SECTIONS 167, 169, 169A, AND 170 OF THE SAME TITLE GOVERN THE EMPLOYMENT AND PAYMENT OF SPECIAL DELIVERY MESSENGERS.

AS THE RESOLUTION IS IN EFFECT, IT WILL BE APPRECIATED IF A RULING IS MADE AS PROMPTLY AS POSSIBLE.

THE QUESTIONS PRESENTED IN YOUR REFERRED-TO LETTER OF JANUARY 1, 1943, WERE ANSWERED IN MY DECISION OF JANUARY 8, 1943, B-31488, 22 COMP. GEN. 627, TO YOU.

THE JOINT RESOLUTION OF DECEMBER 22, 1942, PUBLIC LAW 821, 56 STAT. 1068, IS APPLICABLE "TO ALL CIVILIAN EMPLOYEES IN OR UNDER THE UNITED STATES GOVERNMENT" WITH CERTAIN EXCEPTIONS NOT APPLICABLE TO SPECIAL DELIVERY MESSENGERS. THE FOURTH PROVISO OF SECTION 1 OF THE STATUTE AUTHORIZES PAYMENT OF ADDITIONAL COMPENSATION ON A 10 PERCENT BASIS TO OFFICERS OR EMPLOYEES WHOSE COMPENSATION IS BASED ON FEES, PIECE WORK, OR OTHER THAN A TIME BASIS, ETC. SPECIAL DELIVERY MESSENGERS UNQUESTIONABLY ARE CIVILIAN EMPLOYEES IN OR UNDER THE UNITED STATES GOVERNMENT. IN THAT CONNECTION, SEE DECISION OF SEPTEMBER 14, 1932, 12 COMP. GEN. 349. THE COMPENSATION AUTHORIZED TO BE PAID TO SPECIAL DELIVERY MESSENGERS BY THE STATUTES CITED IN YOUR LETTER CONSISTS OF FEES, OR IS FOR PIECE WORK, OR IS UPON A BASIS OTHER THAN A TIME BASIS. ACCORDINGLY, THE QUESTION PRESENTED IN YOUR LETTER IS ANSWERED IN THE AFFIRMATIVE.