B-62218, JANUARY 3, 1947, 26 COMP. GEN. 449

B-62218, JANUARY 3, 1947, 26 COMP. GEN. 449

COMPENSATION - POSTAL SERVICE - INITIAL RATE UPON APPOINTMENT OF SUBSTITUTE EMPLOYEES AS REGULAR A SUBSTITUTE EMPLOYEE IN THE POSTAL SERVICE PRIOR TO JULY 1, 1945, WHO IS APPOINTED AS A REGULAR AFTER THAT DATE IN A DIFFERENT BRANCH OF THE SERVICE IS NOT ENTITLED TO THE BENEFITS OF SECTION 1 OF THE ACT OF MARCH 6, 1946, AUTHORIZING SUBSTITUTE EMPLOYEES IN THE SERVICE PRIOR TO JULY 1, 1945, UPON APPOINTMENT TO REGULAR POSITIONS, TO BE PLACED IN THE SALARY GRADE TO WHICH THEY WOULD HAVE PROGRESSED HAD THEIR ORIGINAL APPOINTMENTS BEEN MADE TO A REGULAR POSITION OF GRADE 1, PLUS FOUR GRADES, BUT IS RESTRICTED TO THE "SALARY GRADE CORRESPONDING TO THE SALARY AS A SUBSTITUTE," AS PROVIDED BY THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, JANUARY 3, 1947:

I HAVE YOUR LETTER OF NOVEMBER 25, 1946, REFERENCE 15, AS FOLLOWS:

THE ACT OF MARCH 6, 1946, PUBLIC LAW 317, PROVIDES IN PART,"THAT, UPON APPOINTMENT TO A REGULAR POSITION THE POSTAL SERVICE, ANY EMPLOYEE WHO WAS A SUBSTITUTE IN THE POSTAL SERVICE PRIOR TO JULY 1, 1945, SHALL RECEIVE CREDIT FOR ACTUAL SUBSTITUTE SERVICE * * * UPON THE APPOINTMENT OF ANY SUCH EMPLOYEE TO A REGULAR POSITION, HE SHALL BE PLACED IN THE SALARY GRADE TO WHICH HE WOULD HAVE PROGRESSED HAD HIS ORIGINAL APPOINTMENT BEEN MADE TO A REGULAR POSITION OF GRADE 1 PLUS FOUR GRADES, AND THE PROGRESSION SHALL BE COMPUTED ON THE BASIS OF YEARS OF SUBSTITUTE SERVICE AS HEREIN PROVIDED.'

UPON THE PROMOTION OF A SUBSTITUTE POST OFFICE CLERK TO A REGULAR POSITION MAY HE BE GIVEN CREDIT FOR AN ADDITIONAL FOUR GRADES IF HE WAS A SUBSTITUTE ON JUNE 30, 1945, NOTWITHSTANDING THAT SUCH SUBSTITUTE STATUS MAY HAVE BEEN IN A DIFFERENT BRANCH OF THE SERVICE?

AS AN EXAMPLE, JOHN DOE WAS A SUBSTITUTE IN THE RAILWAY MAIL SERVICE FROM NOVEMBER 1, 1941, TO SEPTEMBER 30, 1946, INCLUDING TIME SERVED WITH THE ARMED FORCES. MR. DOE REQUESTED AND RECEIVED A TRANSFER TO THE POSITION OF SUBSTITUTE CLERK IN THE POST OFFICE AT BROOKLYN, NEW YORK, EFFECTIVE OCTOBER 1, 1946. IT IS EXPECTED THAT HE WILL BE PROMOTED TO A REGULAR POSITION IN THAT POST OFFICE IN THE NEAR FUTURE. THE QUESTION IS RAISED AS TO WHETHER THE EMPLOYMENT OF MR. DOE AS A SUBSTITUTE IN THE RAILWAY MAIL SERVICE MEETS THE REQUIREMENTS OF PUBLIC LAW 317 WITH RESPECT TO HIS RECEIVING CREDIT FOR AN ADDITIONAL FOUR GRADES UPON HIS PROMOTION TO A REGULAR POSITION.

IN THE POSTAL EMPLOYEES' PAY ACT, APPROVED JULY 6, 1945, PUBLIC LAW 134, IT WAS PROVIDED GENERALLY---

* * * THAT WHEN A SUBSTITUTE EMPLOYEE IS APPOINTED TO A REGULAR POSITION, SUCH EMPLOYEE SHALL BE ASSIGNED TO A SALARY GRADE CORRESPONDING TO THE SALARY AS A SUBSTITUTE. * * *

SEE SECTIONS 12 (F), 13 (E), AND 16 (L) OF SAID ACT, 59 STAT. 445, 446, 453. ALSO, IT WAS PROVIDED GENERALLY IN THE SAME SECTIONS OF THE STATUTE THAT A PROMOTION BETWEEN SUBSTITUTE GRADES SHOULD FOLLOW 2,024 HOURS' SATISFACTORY SERVICE IN EACH GRADE. THE HOURLY RATES FOR SUBSTITUTES IN THE VARIOUS CLASSIFICATIONS WHEN MULTIPLIED BY 2,024 (THE NUMBER OF HOURS' SERVICE REQUIRED FOR PROMOTION) APPROXIMATE THE ANNUAL SALARY RATES FOR THE CORRESPONDING NUMBERED GRADES IN THE REGULAR SERVICE OF THE SAME CLASSIFICATION, WHICH INDICATES THAT THE SERVICE TO BE COUNTED FOR ASSIGNMENT TO THE REGULAR GRADES WAS LIMITED TO THE SAME CLASSIFICATION OF EMPLOYMENT.

SECTION 1 OF THE ACT OF MARCH 6, 1946, PUBLIC LAW 317, 60 STAT. 35, PROVIDES:

THAT, UPON APPOINTMENT TO A REGULAR POSITION IN THE POSTAL SERVICE, ANY EMPLOYEE WHO WAS A SUBSTITUTE IN THE POSTAL SERVICE PRIOR TO JULY 1, 1945, SHALL RECEIVE CREDIT FOR ACTUAL SUBSTITUTE SERVICE, INCLUDING TIME SERVED AS A SPECIAL-DELIVERY MESSENGER, PERFORMED PRIOR TO JULY 1, 1945, COMPUTED ON THE BASIS OF ONE YEAR FOR EACH UNIT OF TWO THOUSAND FOUR HUNDRED AND FORTY-EIGHT HOURS, BUT SUCH CREDIT SHALL NOT EXCEED FOUR YEARS. THE CREDIT THUS COMPUTED SHALL BE ADDED TO CREDIT FOR ACTUAL SUBSTITUTE SERVICE, INCLUDING TIME SERVED AS A SPECIAL DELIVERY MESSENGER, PERFORMED ON AND AFTER JULY 1, 1945, COMPUTED ON THE BASIS OF ONE YEAR FOR EACH UNIT OF TWO THOUSAND AND TWENTY-FOUR HOURS, BUT CREDIT FOR SERVICE PERFORMED ON AND AFTER JULY 1, 1945, SHALL NOT EXCEED ONE YEAR FOR EACH PERIOD OF TWELVE MONTHS. UPON THE APPOINTMENT OF ANY SUCH EMPLOYEE TO A REGULAR POSITION HE SHALL BE PLACED IN THE SALARY GRADE TO WHICH HE WOULD HAVE PROGRESSED HAD HIS ORIGINAL APPOINTMENT BEEN MADE TO A REGULAR POSITION OF GRADE 1, PLUS FOUR GRADES, AND THE PROGRESSION SHALL BE COMPUTED ON THE BASIS OF YEARS OF SUBSTITUTE SERVICE AS HEREIN PROVIDED. ANY FRACTIONAL PART OF A YEAR'S SUBSTITUTE SERVICE PERFORMED PRIOR TO JULY 1, 1945, AND ON AND AFTER THAT DATE, SHALL BE INCLUDED WITH REGULAR SERVICE IN DETERMINING ELIGIBILITY FOR PROMOTION TO A HIGHER GRADE FOLLOWING APPOINTMENT TO A REGULAR POSITION: PROVIDED, THAT NO SUBSTITUTE SHALL BE APPOINTED TO A HIGHER GRADE OF A REGULAR POSITION THAN THE HIGHEST GRADE TO WHICH EMPLOYEES MAY PROGRESS THROUGH ANNUAL PROMOTIONS: PROVIDED FURTHER, THAT UPON APPOINTMENT OF A SUBSTITUTE EMPLOYEE TO A REGULAR POSITION HE SHALL NOT BE PLACED IN OR PROMOTED TO A GRADE HIGHER THAN THE GRADE TO WHICH HE WOULD HAVE PROGRESSED, INCLUDING BENEFITS AUTHORIZED BY SECTION 23 OF PUBLIC LAW 134, APPROVED JULY 6, 1945, HAD HIS ORIGINAL APPOINTMENT BEEN TO A REGULAR POSITION OF GRADE 1: AND PROVIDED FURTHER, THAT EMPLOYEES SHALL NOT BE ALLOWED CREDIT FOR SERVICE PERFORMED UNDER TEMPORARY OR WAR-SERVICE APPOINTMENTS EXCEPT WHEN SUCH SERVICE IS CONTINUOUS TO THE DATE OF APPOINTMENT AS A CLASSIFIED SUBSTITUTE OR REGULAR EMPLOYEE.

IN 26 COMP. GEN. 51, IT WAS HELD, QUOTING FROM THE SYLLABUS:

POSTAL SERVICE EMPLOYEES WHO TRANSFER EITHER TO OR FROM THE RURAL DELIVERY SERVICE MAY NOT COUNT SERVICE IN THE POSITIONS FROM WHICH TRANSFERRED TOWARD THE "ONE YEAR'S SATISFACTORY SERVICE IN EACH GRADE" REQUIRED FOR AUTOMATIC PROMOTION PURPOSES UNDER THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945.

ALSO, IN 23 COMP. GEN. 920, IT WAS HELD (QUOTING THE SECOND PARAGRAPH OF THE SYLLABUS):

SINCE NO SUBSTITUTE POSTAL EMPLOYEES OF ANY CLASS ARE ASSIGNED TO DUTY AS SUBSTITUTE RAILWAY POSTAL CLERKS IN THE RAILWAY MAIL SERVICE UNDER THE DUAL SERVICE PROVISIONS OF 39 U.S.C. 136, OR OTHERWISE, WHERE A SUBSTITUTE POST OFFICE CLERK IS TRANSFERRED TO A POSITION AS SUBSTITUTE CLERK IN THE RAILWAY MAIL SERVICE (39 U.S.C. 611), THE PROVISIONS OF THE ACT OF MARCH 24, 1944, WITH RESPECT TO THE COUNTING OF PRIOR SUBSTITUTE SERVICE FOR COMPENSATION INCREASE PURPOSES DO NOT CONSTITUTE AUTHORITY TO CREDIT SERVICE IN THE FORMER POSITION FOR THE PURPOSE OF FIXING THE COMPENSATION RATE IN THE RAILWAY MAIL SERVICE. 23 COMP. GEN. 766, AMPLIFIED.

SEE, ALSO, 7 COMP. GEN. 295.

IT THUS IS APPARENT THAT PRIOR TO THE PASSAGE OF THE ACT OF MARCH 6, 1946, THE STATUTES REQUIRED GENERALLY THAT ADVANCEMENT IN THE POSTAL SERVICE SHOULD BE BASED UPON SATISFACTORY SERVICE IN THE PARTICULAR CLASSIFICATION OR BRANCH OF THE POSTAL SERVICE IN WHICH THE EMPLOYEE CURRENTLY WAS EMPLOYED, AND I FIND NO INDICATION OF INTENTION ON THE PART OF THE CONGRESS, EITHER EXPRESS OR IMPLIED, IN THE LANGUAGE FOUND IN THE ACT OF MARCH 6, 1946, SUPRA, TO MAKE ANY CHANGE IN THAT RESPECT EXCEPT AS THEREIN SPECIFICALLY PROVIDED BY AUTHORIZING CREDIT FOR SPECIAL-DELIVERY SERVICE. IT WOULD SEEM THAT THE PRINCIPAL OBJECTIVE OF SECTION 1 OF THE ACT OF MARCH 6, 1946, WAS TO CLARIFY THE REQUIREMENTS WITH RESPECT TO THE NUMBER OF HOURS' SERVICE REQUIRED OF SUBSTITUTE EMPLOYEES BEFORE AND AFTER JULY 1, 1945, TO ESTABLISH THEIR RIGHT TO CREDIT FOR ONE OR MORE YEARS' SATISFACTORY SERVICE AS SUBSTITUTES FOR ADVANCEMENT PURPOSES AND NOT TO ENLARGE THE CLASSES OF SERVICE WHICH COULD BE COUNTED FOR SUCH PURPOSES.

AS THE PROVISION AUTHORIZING--- UPON APPOINTMENT TO A REGULAR POSITION--- AN EMPLOYEE TO BE PLACED IN THE GRADE TO WHICH HE WOULD HAVE PROGRESSED HAD HE BEEN APPOINTED TO GRADE 1, PLUS FOUR GRADES, IS APPLICABLE TO "ANY SUCH EMPLOYEE," THAT IS, AN EMPLOYEE WHO IS ENTITLED TO COUNT SUBSTITUTE SERVICE PRIOR TO JULY 1, 1945, IT WOULD SEEM TO FOLLOW THAT IF NOT ENTITLED TO CREDIT FOR SUBSTITUTE SERVICE RENDERED PRIOR TO THAT DATE IN THE SAME BRANCH OF THE SERVICE, HE WOULD NOT BE ENTITLED TO THE FOUR-GRADE ADVANCEMENT UPON APPOINTMENT TO A REGULAR POSITION BUT WOULD BE RESTRICTED TO "SALARY GRADE CORRESPONDING TO THE SALARY AS A SUBSTITUTE.'