B-90288, OCTOBER 20, 1952, 32 COMP. GEN. 192

B-90288, OCTOBER 20, 1952, 32 COMP. GEN. 192

COMPENSATION - POSTAL SERVICE - RETROACTIVE LONGEVITY INCREASES POSTAL SERVICE EMPLOYEES WHO HAD COMPLETED THE REQUIRED LENGTH OF SERVICE FOR PROMOTION TO OR BETWEEN THE LONGEVITY GRADES IN ACCORDANCE WITH POSTAL BULLETIN OF DECEMBER 13, 1949, ISSUED PURSUANT TO THE ACT OF OCTOBER 28, 1949, PRIOR TO REPEAL THEREOF BY THE ACT OF MAY 3, 1950, BUT WHO DUE TO ADMINISTRATIVE DELAY WERE NOT PROMOTED BEFORE SUCH REPEAL, MAY BE PROMOTED TO THE APPROPRIATE LONGEVITY GRADE IN ACCORDANCE WITH THE SERVICE REQUIREMENTS OF SAID BULLETIN, HOWEVER THE CLAIMS OF SUCH EMPLOYEES SHOULD BE SUBMITTED TO THE CLAIMS DIVISION OF THIS OFFICE FOR SETTLEMENT, THE APPROPRIATIONS INVOLVED BEING NO LONGER AVAILABLE FOR EXPENDITURE BY THE DEPARTMENT. POSTAL SERVICE EMPLOYEES WITH LESS THAN 13 OR 18 YEARS OF SERVICE WHO WERE PROMOTED TO THE FIRST OR SECOND LONGEVITY GRADE RESPECTIVELY UNDER THE ACT OF OCTOBER 28, 1949, IN ACCORDANCE WITH THE POSTAL BULLETIN OF DECEMBER 13, 1949, MAY NOT BE ADVANCED FURTHER UNTIL THEY HAVE COMPLETED THE 18 OR 25 YEARS OF SERVICE NECESSARY FOR ADVANCEMENT TO THE SECOND OR THIRD LONGEVITY STEP RESPECTIVELY UNDER THE ACT OF MAY 3, 1950. SEE B- 111257, SEPTEMBER 24, 1952.

ACTING COMPTROLLER GENERAL YATES TO THE POSTMASTER GENERAL, OCTOBER 20, 1952:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 4, 1952, YOUR REFERENCE 12, REQUESTING A DECISION AS TO THE ELIGIBILITY OF NUMEROUS POSTAL EMPLOYEES FOR PROMOTION TO OR BETWEEN THE LONGEVITY GRADES ESTABLISHED BY SECTION 1 (A) OF THE ACT OF OCTOBER 28, 1949, 63 STAT. 952 ( PUBLIC LAW 428), RETROACTIVELY EFFECTIVE NOVEMBER 1, 1949, OR TO THE BEGINNING OF ANY QUARTER COMMENCING PRIOR TO MAY 3, 1950, BASED UPON THE POST OFFICE DEPARTMENT'S INTERPRETATION--- AS SET FORTH IN THE POSTAL BULLETIN OF DECEMBER 13, 1949--- OF THE SERVICE REQUIREMENTS PRESCRIBED BY THE SAID SECTION. IT IS STATED THAT THE EMPLOYEES CONCERNED HAD THE NECESSARY SERVICE TO THEIR CREDIT FOR PROMOTION IN ACCORDANCE WITH THE POSTAL BULLETIN OF DECEMBER 13, BUT THAT BECAUSE OF ADMINISTRATIVE DELAY OR TECHNICALITIES SUBSEQUENTLY RESOLVED IN THEIR FAVOR, SUCH PROMOTIONS WERE NOT EFFECTED PRIOR TO APPROVAL OF THE ACT OF MAY 3, 1950, 64 STAT. 101 ( PUBLIC LAW 500), WHICH REPEALED SECTIONS 1 AND 2 OF PUBLIC LAW 428, 63 STAT. 953, SUPRA.

MY ATTENTION WAS INVITED TO THE ACTION TAKEN BY THIS OFFICE IN THE CASE OF MR. RICHARD T. LAWSON, MAIL HANDLER, SOUTH POSTAL ANNEX, BOSTON, MASSACHUSETTS, WHEREIN IT WAS DETERMINED THAT SINCE THE EMPLOYEE HAD COMPLIED WITH THE REQUIREMENTS AS PUBLISHED IN THE POSTAL BULLETIN OF DECEMBER 13, 1949, FOR PROMOTION TO THE SECOND LONGEVITY GRADE ESTABLISHED BY PUBLIC LAW 428 PRIOR TO ENACTMENT OF PUBLIC LAW 500, HE WAS ENTITLED TO BE PROMOTED TO THE SECOND LONGEVITY GRADE DESPITE THE FACT THAT THE ADMINISTRATIVE ACTION IN PROCESSING SUCH PROMOTION WAS DELAYED UNTIL AFTER THE PASSAGE OF PUBLIC LAW 500 WHICH ABOLISHED THE LONGEVITY GRADES ESTABLISHED BY PUBLIC LAW 428. YOU EXPRESS THE OPINION THAT THE PRINCIPLE APPLIED IN MR. LAWSON'S CASE ALSO WOULD APPEAR TO BE FOR APPLICATION IN SIMILAR SITUATIONS WHERE BECAUSE OF SOME TECHNICALITY EMPLOYEES OTHERWISE ENTITLED THERETO WERE NOT PROMOTED TO THE LONGEVITY GRADES CREATED UNDER PUBLIC LAW 428 PRIOR TO THE PASSAGE OF PUBLIC LAW 500.

IT IS UNDERSTOOD THAT IN ALL OF THE SITUATIONS TO WHICH YOU REFER THE EMPLOYEES HAD COMPLETED THE SERVICE REQUIREMENTS PRESCRIBED BY THE POSTAL BULLETIN OF DECEMBER 13, 1949, PRIOR TO THE ENACTMENT OF PUBLIC LAW 500 AND THAT THE FAILURE TO EFFECT SUCH PROMOTIONS PRIOR TO THE ENACTMENT OF THAT STATUTE WAS DUE SOLELY TO A DELAY ON THE PART OF THE ADMINISTRATIVE OFFICE. UNDER THE CIRCUMSTANCES, IT WOULD APPEAR THAT THE PRINCIPLE APPLIED IN MR. LAWSON'S CASE WOULD BE EQUALLY APPLICABLE IN THE ANALOGOUS SITUATIONS TO WHICH YOU REFER AND THE PROMOTIONS IN QUESTION MAY BE EFFECTED ACCORDINGLY. HOWEVER, ANY SALARY ADJUSTMENT IN ACCORDANCE WITH THIS DECISION COVERING A PERIOD PRIOR TO JULY 1, 1950, MAY NOT BE MADE BY THE POST OFFICE DEPARTMENT SINCE THE APPROPRIATION INVOLVED NO LONGER WOULD BE AVAILABLE FOR EXPENDITURE BY THE DEPARTMENT. IN SUCH INSTANCES THE EMPLOYEES ARE PRIVILEGED TO SUBMIT THEIR CLAIMS--- SETTING FORTH ALL PERTINENT FACTS--- TO THE CLAIMS DIVISION OF THE GENERAL ACCOUNTING OFFICE FOR DIRECT SETTLEMENT.

ALSO, IN CONNECTION WITH THE MATTER, YOUR ATTENTION IS INVITED TO DECISION OF SEPTEMBER 24, 1952, B-111257, WHICH PRECLUDES THE FURTHER ADVANCEMENT OF EMPLOYEES WHO WERE PROMOTED TO LONGEVITY GRADES IN ACCORDANCE WITH THE INSTRUCTIONS CONTAINED IN THE POSTAL BULLETIN OF DECEMBER 13, 1949, UNTIL THEY HAVE COMPLETED THE 18 OR 25 YEARS' SERVICE NECESSARY FOR ADVANCEMENT TO THE SECOND OR THIRD LONGEVITY STEP CREATED UNDER PUBLIC LAW 500. A COPY OF THAT DECISION IS ENCLOSED.