B-50960, JULY 19, 1945, 25 COMP. GEN. 71

B-50960, JULY 19, 1945, 25 COMP. GEN. 71

POSTAL SERVICE - SPECIAL-DELIVERY MESSENGERS; VEHICLE MAINTENANCE ALLOWANCE AND HIRE; ETC. THE SALARIES OF SPECIAL-DELIVERY MESSENGERS AT FIRST-CLASS POST OFFICES, WHO, PURSUANT TO SECTION 22 OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, NOW ARE PAID ON A TIME RATHER THAN FEE BASIS, MAY NOT BE PAID FROM THE CURRENT APPROPRIATION ITEM," CITY DELIVERY CARRIERS," BUT MUST BE PAID FROM THE ITEM," SPECIAL-DELIVERY FEES" HERETOFORE CHARGED WITH THE FEES OF SUCH MESSENGERS, THERE BEING NOTHING IN SECTION 27 OF THE ACT, RESPECTING THE AVAILABILITY OF APPROPRIATIONS FOR THE NEW COMPENSATION RATES, ETC., WHICH BROADENS THE AVAILABILITY OF EXISTING APPROPRIATION ITEMS. THE RATES FOR AUTOMOTIVE-EQUIPMENT MAINTENANCE ALLOWANCE PRESCRIBED BY SECTION 22 (D) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, APPLY ONLY TO CASES IN WHICH SPECIAL-DELIVERY MESSENGERS AT FIRST-CLASS POST OFFICES PROVIDE THEIR OWN AUTOMOTIVE EQUIPMENT FOR USE IN THE DELIVERY OF SPECIAL-DELIVERY ARTICLES AND ARE PERSONALLY RESPONSIBLE FOR THE VEHICLE SO USED; HOWEVER, WHEN AUTOMOTIVE EQUIPMENT IS HIRED OR PROVIDED FOR BY THE POSTMASTER GENERAL FOR DELIVERY OF SPECIAL-DELIVERY MAIL UNDER SECTION 22 (F), THE ALLOWANCE MAY BE FIXED ADMINISTRATIVELY WITHOUT REGARD TO THE ALLOWANCE PRESCRIBED BY SECTION 22 (D). THE AUTOMOTIVE-EQUIPMENT MAINTENANCE ALLOWANCE PAYABLE UNDER SECTION 22 (D) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, TO SPECIAL DELIVERY MESSENGERS AT FIRST-CLASS POST OFFICES AT THE RATE OF 75 CENTS PER HOUR "SPENT IN MAKING DELIVERY OF SPECIAL-DELIVERY MAIL" MAY BE PAID ONLY FOR THE TIME ELAPSING BETWEEN THE BEGINNING AND END OF A DELIVERY TRIP, THUS EXCLUDING LOADING TIME, IDLE TIME BETWEEN TRIPS, ETC., AT THE OFFICE. THE AUTOMOTIVE-EQUIPMENT MAINTENANCE ALLOWANCE AUTHORIZED FOR SPECIAL- DELIVERY MESSENGERS AT FIRST-CLASS POST OFFICES BY SECTION 22 (D) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, ON THE BASIS OF MILES TRAVELED OR TIME SPENT "IN MAKING DELIVERY OF SPECIAL-DELIVERY MAIL" MAY NOT BE PAID TO SUCH MESSENGERS WHILE ASSIGNED TO OTHER WORK REQUIRING THE USE OF VEHICLES; INSTEAD, IT IS NECESSARY TO HIRE SUCH VEHICLES UNDER CONTRACT. WHEN REGULAR EMPLOYEES AT FIRST-CLASS POST OFFICES ARE ASSIGNED UNDER AUTHORITY OF SECTION 22 (E) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, TO SPECIAL-DELIVERY DUTY BEFORE OR AFTER THEIR REGULAR TOURS OF DUTY AT "THEIR REGULAR RATE OF COMPENSATION," SUCH EMPLOYEES SHOULD NOT BE PAID ON THE FEE BASIS PRESCRIBED BY 39 U.S.C. 169A BUT SHOULD BE PAID OVERTIME COMPENSATION UNDER SECTION 4 OF THE STATUTE FOR THE TIME ENGAGED UPON SUCH SPECIAL-DELIVERY DUTY, THE SAME AS IF THEY WERE PERFORMING THEIR REGULAR DUTIES. POSTAL EMPLOYEES AT SECOND- AND THIRD-CLASS POST OFFICES WHO ARE ASSIGNED TO MAKE DELIVERY OF SPECIAL-DELIVERY MAIL SHOULD BE PAID ON THE FEE BASIS PRESCRIBED BY 39 U.S.C. 169A, RATHER THAN ON THE BASIS OF THEIR REGULAR RATE OF COMPENSATION PURSUANT TO SECTION 22 (E) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, WHICH IS LIMITED IN ITS APPLICATION TO FIRST- CLASS POST OFFICES. WHERE A VEHICLE, FURNISHED UNDER CONTRACT BY A REGULAR, SUBSTITUTE, OR TEMPORARY POSTAL EMPLOYEE AT A FIRST CLASS OFFICE ON AN ANNUAL OR QUARTERLY BASIS FOR USE IN CITY DELIVERY SERVICE, IS USED EXCLUSIVELY ON CERTAIN TRIPS TO DELIVER SPECIAL-DELIVERY MAIL, PAYMENT THEREFOR NEED NOT BE MADE ON THE BASIS OF THE AUTOMOTIVE-EQUIPMENT MAINTENANCE ALLOWANCE FIXED BY SECTION 22 (D) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, BUT MAY BE MADE ON THE BASIS OF AN ALLOWANCE FIXED ADMINISTRATIVELY PURSUANT TO THE AUTHORITY VESTED IN THE POSTMASTER GENERAL BY SECTION 22 (F) OF THE STATUTE. CONTRACTS ENTERED INTO AFTER JULY 1, 1945, FOR HIRE OF VEHICLES, AT HOURLY RATES MORE OR LESS THAN THE AUTOMOTIVE-EQUIPMENT ALLOWANCE RATE FOR SPECIAL-DELIVERY MESSENGERS PRESCRIBED BY SECTION 22 (D) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, FOR CITY DELIVERY SERVICE AT FIRST- CLASS OFFICES, MAY BE AMENDED UNDER THE VEHICLE-HIRE AUTHORITY OF SECTION 22 (F) TO INCLUDE THE DELIVERY OF SPECIAL-DELIVERY MAIL, THERE BEING A VALID CONSIDERATION TO THE GOVERNMENT IN SECURING THE USE OF THE VEHICLE FOR SPECIAL DELIVERY PURPOSES IN ADDITION TO THE USE PROVIDED FOR BY THE ORIGINAL CONTRACT. THE AUTHORITY PROVIDED BY SECTION 22 (F) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, FOR THE HIRE OF VEHICLES UNDER AN ALLOWANCE BASIS FOR DELIVERY OF SPECIAL-DELIVERY MAIL IS LIMITED TO FIRST-CLASS POST OFFICES, THE FEE SYSTEM OF PAYMENT PRESCRIBED BY 39 U.S.C. 169A FOR DELIVERY OF SUCH MAIL REMAINING IN FULL FORCE AND EFFECT WITH RESPECT TO POST OFFICES OF OTHER CLASSES. PURSUANT TO THE PROVISIONS OF SECTION 22 (F) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, VEHICLES MAY BE HIRED UNDER AN ALLOWANCE BASIS FROM REGULAR, SUBSTITUTE, AND TEMPORARY POSTAL EMPLOYEES AT FIRST , SECOND -, AND THIRD-CLASS POST OFFICES FOR DELIVERY OF SPECIAL DELIVERY MAIL ONLY WHEN USED FOR DELIVERY SERVICE AT FIRST-CLASS OFFICES. GOVERNMENT-OWNED VEHICLES ACQUIRED UNDER THE APPROPRIATION ITEM,"1VEHICLE SERVICE," POST OFFICE DEPARTMENT APPROPRIATION ACT, 1946, MAY BE ASSIGNED, PURSUANT TO SECTION 22 (F) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, TO SPECIAL-DELIVERY SERVICES AT FIRST CLASS POST OFFICES. THE COST OF AUTOMOTIVE-EQUIPMENT MAINTENANCE ALLOWANCES AND VEHICLE HIRE AUTHORIZED BY SUBSECTIONS (D) AND (F), RESPECTIVELY, OF SECTION 22 OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, IN CONNECTION WITH THE DELIVERY OF SPECIAL-DELIVERY MAIL IS CHARGEABLE TO THE APPROPRIATION ITEM," VEHICLE SERVICE," POST OFFICE DEPARTMENT APPROPRIATION ACT, 1946.

ACTING COMPTROLLER GENERAL MCFARLAND TO THE POSTMASTER GENERAL, JULY 19, 1945:

I HAVE YOUR LETTER OF JULY 10, 1945, REFERENCE 4, REQUESTING DECISION ON A NUMBER OF QUESTIONS INVOLVING APPLICATION OF SECTION 22 OF THE ACT OF JULY 6, 1945, PUBLIC LAW 134, WHICH PROVIDES, SO FAR AS HERE MATERIAL, AS FOLLOWS:

SEC. 22. (A) WHERE SPECIAL-DELIVERY MESSENGERS ARE EMPLOYED ON A FULL- TIME BASIS IN OFFICES OF THE FIRST CLASS, THEY SHALL BE DIVIDED INTO NINE GRADES, WITH ANNUAL SALARIES AS FOLLOWS: TABLE

GRADE 1------------------------------------------$1,600

GRADE 2------------------------------------------ 1,700

GRADE 3------------------------------------------ 1,800

GRADE 4------------------------------------------ 1,900

GRADE 5------------------------------------------ 2,000

GRADE 6------------------------------------------ 2,100

GRADE 7------------------------------------------ 2,200

GRADE 8------------------------------------------ 2,300

GRADE 9------------------------------------------ 2,400 AND SHALL BE PROMOTED SUCCESSIVELY AT THE BEGINNING OF THE QUARTER FOLLOWING ONE YEAR'S SATISFACTORY SERVICE IN EACH GRADE TO THE NEXT HIGHER GRADE UNTIL THEY REACH THE NINTH GRADE.

(B) THE PAY OF SUBSTITUTE, TEMPORARY, OR AUXILIARY SPECIAL-DELIVERY MESSENGERS IN OFFICES OF THE FIRST CLASS SHALL BE ON AN HOURLY BASIS AT THE FOLLOWING RATES:

GRADE 1------------------------------------------$0.79

GRADE 2------------------------------------------ .84

GRADE 3------------------------------------------ .89

GRADE 4------------------------------------------ .94

GRADE 5------------------------------------------ .99

GRADE 6------------------------------------------ 1.04

GRADE 7------------------------------------------ 1.09

GRADE 8------------------------------------------ 1.14

GRADE 9------------------------------------------ 1.19 AND SHALL BE PROMOTED TO THE NEXT HIGHER GRADE AT THE BEGINNING OF THE QUARTER FOLLOWING TWO THOUSAND AND TWENTY-FOUR HOURS' SATISFACTORY SERVICE IN A PAY STATUS.

(C) SPECIAL-DELIVERY MESSENGERS IN OFFICES OF THE FIRST CLASS SHALL, UPON THE EFFECTIVE DATE OF THIS ACT, BE ENTITLED TO THE GRADE TO CONFORM WITH THEIR YEARS OF SERVICE, AS FOLLOWS:

LESS THAN 2 YEARS' SERVICE----------------------------- GRADE 1

2 YEARS BUT LESS THAN 3 YEARS' SERVICE----------------- GRADE 2

3 YEARS BUT LESS THAN 4 YEARS' SERVICE----------------- GRADE 3

4 YEARS BUT LESS THAN 5 YEARS' SERVICE----------------- GRADE 4

5 YEARS BUT LESS THAN 6 YEARS' SERVICE----------------- GRADE 5

5 YEARS BUT LESS THAN 6 YEARS' SERVICE------------------ GRADE 6

(D) IN ADDITION TO COMPENSATION PROVIDED IN SUBSECTIONS (A) AND (B), EACH SPECIAL-DELIVERY MESSENGER IN OFFICES OF THE FIRST CLASS SHALL BE PAID FOR AUTOMOTIVE-EQUIPMENT MAINTENANCE AT THE RATE OF 6 CENTS PER MILE OR MAJOR FRACTION THEREOF FOR MILES TRAVELED UNDER THE DIRECTION OF THE POST OFFICE DEPARTMENT IN MAKING DELIVERY OF SPECIAL DELIVERY MAIL OR AT THE OPTION OF THE POST OFFICE DEPARTMENT AT THE RATE OF 75 CENTS PER HOUR SPENT IN MAKING DELIVERY OF SPECIAL-DELIVERY MAIL. PAYMENT FOR EQUIPMENT MAINTENANCE AS PROVIDED HEREIN SHALL BE AT THE SAME PERIODS AND IN THE SAME MANNER AS PAYMENTS FOR REGULAR COMPENSATION TO SPECIAL-DELIVERY MESSENGERS.

(E) SPECIAL-DELIVERY MESSENGERS MAY BE EMPLOYED AT DUTIES OTHER THAN THE DELIVERY OF SPECIAL-DELIVERY MAIL WHEN THEIR REGULAR DUTIES DO NOT REQUIRE EIGHT HOURS WORK IN TEN; AND SPECIAL-DELIVERY ARTICLES MAY, IN THE DISCRETION OF THE POSTMASTER GENERAL, BE DELIVERED BY REGULAR, SUBSTITUTE, AND TEMPORARY POSTAL EMPLOYEES, AND SUCH EMPLOYEES SHALL BE PAID THEIR REGULAR RATE OF COMPENSATION FOR SUCH DELIVERY SERVICE.

(F) THE POSTMASTER GENERAL MAY PROVIDE OR HIRE VEHICLES UNDER AN ALLOWANCE BASIS FOR USE IN THE DELIVERY OF SPECIAL-DELIVERY MAIL WHENEVER THE EXIGENCIES OF THE SERVICE MAY REQUIRE.

THE QUESTIONS WILL BE STATED AND ANSWERED IN THE ORDER PRESENTED:

1. WHETHER, PURSUANT TO THE PROVISIONS OF SECTION 27 OF THE ACT, THE SALARIES OF SPECIAL-DELIVERY MESSENGERS AT FIRST-CLASS POST OFFICES AS PROVIDED FOR IN SUB-PARAGRAPHS (A) AND (B) OF SECTION 22 MAY BE PAID EITHER FROM THE APPROPRIATION ITEM " CITY DELIVERY CARRIERS" OR " SPECIAL- DELIVERY FEES," UNDER " OFFICE OF THE FIRST ASSISTANT POSTMASTER GENERAL" IN THE TREASURY AND POST OFFICE DEPARTMENTS APPROPRIATION ACT, 1946 ( PUBLIC LAW 38, APPROVED APRIL 24, 1945?)

SECTION 27 OF THE STATUTE, 59 STAT. 461, PROVIDES:

THE SUMS APPROPRIATED FOR SALARIES AND COMPENSATION OF POSTMASTERS, OFFICERS, AND EMPLOYEES OF THE POSTAL SERVICE IN THE ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1946, SHALL BE AVAILABLE FOR PAYMENT OF SALARIES AND COMPENSATION OF POSTMASTERS, OFFICERS, AND EMPLOYEES OF THE POSTAL SERVICE AT THE RATES OF COMPENSATION HEREIN PROVIDED; AND SUCH ADDITIONAL SUMS AS MAY BE NECESSARY ARE HEREBY AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THE PROVISIONS OF THIS ACT.

THERE IS NOTHING IN SECTION 27 OF THE STATUTE WHICH BROADENS THE AVAILABILITY OF EXISTING ITEMS OF APPROPRIATION FOR THE POSTAL SERVICE. HENCE, I FIND NO BASIS FOR HOLDING THAT THE CHANGE MADE BY THE NEW STATUTE IN THE BASIS OF PAYMENT OF COMPENSATION--- FROM A FEE BASIS TO A TIME BASIS--- IN THE CASE OF SPECIAL-DELIVERY MESSENGERS AT FIRST-CLASS POST OFFICES HAS THE EFFECT OF MAKING THE APPROPRIATION ITEM," CITY DELIVERY CARRIERS," AVAILABLE FOR PAYMENT OF THE COMPENSATION OF SPECIAL-DELIVERY MESSENGERS--- IT BEING UNDERSTOOD THAT THE SUBITEM FOR " MESSENGER SERVICE" IN THE APPROPRIATION ITEM," CITY DELIVERY CARRIERS," HERETOFORE HAS NOT BEEN USED FOR PAYMENT OF FEES OF SPECIAL-DELIVERY MESSENGERS. CONSEQUENTLY, I HAVE TO ADVISE THAT THE SALARIES OF SPECIAL-DELIVERY MESSENGERS AT FIRST-CLASS POST OFFICES, PROVIDED FOR UNDER THE NEW POSTAL SERVICE PAY ACT, ARE FOR PAYMENT UNDER THE APPROPRIATION ITEM," SPECIAL- DELIVERY FEES.'

2. WHETHER THE RATES FOR AUTOMOTIVE-EQUIPMENT MAINTENANCE PROVIDED FOR IN SUBPARAGRAPH (D) OF SECTION 22 APPLY ONLY TO SPECIAL-DELIVERY MESSENGERS?

THE RATES FOR AUTOMOTIVE-EQUIPMENT MAINTENANCE PROVIDED FOR IN SUBPARAGRAPH (D) OF SECTION 22, SUPRA, 59 STAT. 460, WOULD APPEAR TO APPLY ONLY TO CASES IN WHICH THE SPECIAL-DELIVERY MESSENGERS PROVIDE THEIR OWN AUTOMOTIVE EQUIPMENT FOR USE IN THE DELIVERY OF SPECIAL DELIVERY ARTICLES AND ARE PERSONALLY RESPONSIBLE FOR THE VEHICLE SO USED. THAT VIEW FINDS SUPPORT IN THE PROVISIONS OF SUBPARAGRAPH (F) OF THE STATUTE, 59 STAT. 460, UNDER WHICH THE POSTMASTER GENERAL HIMSELF MAY ,PROVIDE OR HIRE VEHICLES * * * FOR USE IN THE DELIVERY OF SPECIAL DELIVERY MAIL WHENEVER THE EXIGENCIES OF THE SERVICE MAY REQUIRE.' WHEN AUTOMOTIVE EQUIPMENT IS PROVIDED FOR BY THE POSTMASTER GENERAL UNDER THIS LATTER SUBPARAGRAPH THE ALLOWANCE MAY BE FIXED ADMINISTRATIVELY AND IS NOT LIMITED BY THE ALLOWANCE PROVIDED FOR UNDER SUBPARAGRAPH (D).

3. IF THE RATE OF 75 CENTS PER HOUR FOR AUTOMOTIVE-EQUIPMENT IS ALLOWED SPECIAL-DELIVERY MESSENGERS AT FIRST-CLASS POST OFFICES, SHOULD OFFICE, LOADING, STANDING AND SWING TIME BE EXCLUDED IN COMPUTING THE HOURLY RATE?

SECTION 22 (D) OF THE STATUTE SPECIFICALLY PROVIDES FOR PAYMENT OF THE AUTOMOTIVE-EQUIPMENT MAINTENANCE ALLOWANCE AT THE RATE OF 75 CENTS PER HOUR "SPENT IN MAKING DELIVERY OF SPECIAL-DELIVERY MAIL.' EVIDENTLY, THAT PHRASE, QUOTED FROM THE STATUTE, MEANS THAT THE ALLOWANCE IS PAYABLE ONLY DURING THE ACTUAL PERIODS OF TRIPS MADE FOR THE DELIVERY OF SPECIAL- DELIVERY MAIL HAVING SOME RELATIONSHIP WITH THE WEAR AND TEAR OF THE AUTOMOTIVE EQUIPMENT WHILE ACTUALLY IN USE, THAT IS, FROM THE TIME THE TRIP STARTS TO THE TIME THE TRIP ENDS, EXCLUSIVE OF TIME SPENT IN THE OFFICE, IN LOADING THE VEHICLE, OR SWING TIME (WHICH IS UNDERSTOOD TO MEAN IDLE TIME BETWEEN TRIPS). IF THE TERM "STANDING" TIME, AS REFERRED TO UNDER THIS QUESTION, MEANS ONLY THE TIME THE VEHICLE NECESSARILY IS STANDING IN FRONT OF THE PATRON'S RESIDENCE OR PLACE OF BUSINESS WHILE DELIVERY IS BEING MADE OF A SPECIAL-DELIVERY ARTICLE, SUCH TIME PROPERLY WOULD BE FOR INCLUDING WITHIN THE PERIOD FOR WHICH THE ALLOWANCE (UPON THE BASIS OF THE HOUR) IS PAYABLE. HOWEVER, IF IT MEANS THE TIME THE VEHICLE IS STANDING IDLE WHILE NOT ON A TRIP, NO ALLOWANCE SHOULD BE MADE FOR SUCH IDLE TIME.

4. WHEN SPECIAL-DELIVERY MESSENGERS ARE NOT FULLY EMPLOYED IN THE DELIVERY OF SPECIAL-DELIVERY MAIL AND ARE ASSIGNED UNDER AUTHORITY OF SUBPARAGRAPH (E) OF SECTION 22 TO PERFORM OTHER DUTIES REQUIRING THE USE OF A VEHICLE, IS PAYMENT FOR VEHICLE HIRE TO BE MADE AT THE RATES PROVIDED FOR IN SUBPARAGRAPH (D) OF SECTION 22, OR WILL IT BE NECESSARY TO HIRE SUCH VEHICLES UNDER CONTRACT, AT HOURLY RATES, AS IS PRESENTLY DONE FOR VEHICLES USED IN THE CITY DELIVERY SERVICE?

SECTION 22 (D) SPECIFICALLY LIMITS PAYMENT OF THE AUTOMOTIVE EQUIPMENT MAINTENANCE ALLOWANCE TO THE MILEAGE TRAVELED OR TIME SPENT "IN MAKING DELIVERY OF SPECIAL-DELIVERY MAIL.' HENCE, SUCH ALLOWANCE WOULD NOT BE AUTHORIZED WHILE A SPECIAL-DELIVERY MESSENGER IS ASSIGNED TO OTHER WORK REQUIRING THE USE OF A VEHICLE. THEREFORE, THE FIRST ALTERNATE QUESTION IS ANSWERED IN THE NEGATIVE, AND THE SECOND, IN THE AFFIRMATIVE.

5. WHEN REGULAR EMPLOYEES AT FIRST-, SECOND-, AND THIRD-CLASS POST OFFICES ARE ASSIGNED UNDER AUTHORITY OF SUBPARAGRAPH (E) OF SECTION 22 TO MAKE DELIVERY OF SPECIAL-DELIVERY MAIL BEFORE OR AFTER THEIR REGULAR TOURS OF DUTY, SHOULD THEY BE PAID ON THE FEE BASIS PURSUANT TO 39 U.S.C. 169A, OR MUST THEY BE PAID FOR OVERTIME SERVICE PURSUANT TO THE PROVISIONS OF SECTION 4 OF THE ACT?

SECTION 22 (E), 59 STAT. 460, PROVIDES SPECIFICALLY THAT THE OTHER CLASSES OF POSTAL EMPLOYEES MENTIONED, WHO DELIVERY SPECIAL-DELIVERY ARTICLES "SHALL BE PAID THEIR REGULAR RATE OF COMPENSATION FOR SUCH DELIVERY SERVICE.' HENCE, IT IS CLEAR THAT SUCH OTHER CLASSES OF POSTAL EMPLOYEES COULD NOT BE PAID UPON A FEE BASIS WHILE ASSIGNED TO DELIVERING SPECIAL-DELIVERY ARTICLES. THE RDS,"THEIR REGULAR RATE OF COMPENSATION," MEANS THE SAME RATE OF COMPENSATION SUCH EMPLOYEES WOULD RECEIVE WERE THEY WORKING UPON THEIR REGULAR ASSIGNMENTS WHETHER DURING THE BASIC WORKWEEK OR DURING OVERTIME. THEREFORE, SUCH EMPLOYEES WOULD BE ENTITLED TO OVERTIME COMPENSATION, PURSUANT TO SECTION 4 OF THE STATUTE, 59 STAT. 435, AND, IN DETERMINING THE AMOUNT OF OVERTIME, THE TIME SPENT BEFORE AS WELL AS AFTER THEIR REGULAR TOURS OF DUTY IN DELIVERING SPECIAL-DELIVERY ARTICLES, WOULD BE TAKEN INTO ACCOUNT.

6. WHEN SUBSTITUTE AND TEMPORARY EMPLOYEES AT SECOND- AND THIRD CLASS POST OFFICES ARE ASSIGNED TO MAKE DELIVERY OF SPECIAL-DELIVERY MAIL SHOULD THEY BE PAID ON THE FEE BASIS PURSUANT TO 39 U.S.C. 169A, OR MUST THEY BE PAID THEIR REGULAR RATE OF COMPENSATION PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (E) OF SECTION 22 OF THE ACT?

FOR THE REASONS STATED IN THE ANSWER TO QUESTION 10, INFRA, THE FIRST ALTERNATE QUESTION IS ANSWERED IN THE AFFIRMATIVE, AND THE SECOND, IN THE NEGATIVE.

7. WHEN REGULAR, SUBSTITUTE AND TEMPORARY POSTAL EMPLOYEES AT FIRST-CLASS POST OFFICES ARE ASSIGNED TO DELIVER SPECIAL-DELIVERY MAIL UNDER AUTHORITY OF SUBPARAGRAPH (E) OF SECTION 22, AND PRIVATELY-OWNED VEHICLES ARE USED, MUST THE RATES FOR AUTOMOTIVE-EQUIPMENT MAINTENANCE PROVIDED FOR IN SUBPARAGRAPH (D) OF SECTION 22 BE PAID OR MAY THE VEHICLE HIRE BE AUTHORIZED AS AN EMERGENCY EXPENDITURE AND PAID FOR AT THE LOWEST HOURLY RATE OBTAINABLE?

SEE ANSWER TO QUESTION 2. IN THE LIGHT OF THAT ANSWER, THE FIRST ALTERNATIVE QUESTION IS ANSWERED IN THE AFFIRMATIVE IF THE EMPLOYEE PROVIDES FOR HIS OWN VEHICLE IN MAKING THE DELIVERY OF SPECIAL DELIVERY ARTICLES, BUT, ON THE OTHER HAND, IF THE POSTMASTER GENERAL PROVIDES OR HIRES THE VEHICLE FOR MAKING THE DELIVERIES, THE SECOND ALTERNATIVE QUESTION WOULD BE FOR ANSWERING IN THE AFFIRMATIVE.

8. IF A REGULAR, SUBSTITUTE OR TEMPORARY POSTAL EMPLOYEE AT A FIRST-CLASS POST OFFICE HAS A CONTRACT WITH THE DEPARTMENT TO FURNISH A VEHICLE ON AN ANNUAL OR QUARTERLY BASIS FOR USE IN THE CITY DELIVERY SERVICE, AND THE VEHICLE IS USED EXCLUSIVELY ON CERTAIN TRIPS TO DELIVER SPECIAL-DELIVERY MAIL, SHOULD PAYMENT BE MADE THEREFOR AT THE CONTRACT RATE FOR CITY DELIVERY SERVICE OR AT THE HOURLY RATE PROVIDED FOR IN SUBPARAGRAPH (D) OF SECTION 22?

READING TOGETHER SUBSECTIONS (D) AND (F) OF SECTION 22 OF THE STATUTE, AND IN THE LIGHT OF THE ANSWERS TO QUESTIONS 2 AND 7, SUPRA, THE CONCLUSION APPEARS JUSTIFIED THAT THE POSTMASTER GENERAL WOULD NOT BE BOUND BY THE ALLOWANCE FIXED UNDER SUBPARAGRAPH (D) OF SECTION 22 BECAUSE IN THE ILLUSTRATION GIVEN THE SPECIAL-DELIVERY MESSENGER WOULD NOT BE PROVIDING FOR HIS OWN VEHICLE IN MAKING THE DELIVERY BUT RATHER THE VEHICLE WOULD BE PROVIDED FOR BY THE POSTMASTER GENERAL IN VIEW OF WHICH THE PROVISIONS OF SUBPARAGRAPH (F) WOULD APPLY.

9. WHETHER CONTRACTS FOR HIRE OF VEHICLES FOR CITY DELIVERY SERVICE AT FIRST-CLASS POST OFFICES ENTERED INTO AFTER JULY 1, 1945, MAY BE AMENDED TO INCLUDE THE DELIVERY OF SPECIAL-DELIVERY MAIL WHEN THE HOURLY CONTRACT RATE IS MORE OR LESS THAN THE HOURLY RATE AUTHORIZED BY THE PROVISIONS OF SUBPARAGRAPH (D) OF SECTION 22? REFERRING TO SECTION 22 (F) OF THE STATUTE, AND IN THE LIGHT OF THE ANSWER TO QUESTION 8, THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE, IT APPEARING IN THIS CLASS OF CASES THAT THERE WOULD BE A VALID CONSIDERATION TO THE GOVERNMENT IN SECURING THE USE OF THE VEHICLE FOR DELIVERY OF SPECIAL DELIVERY ARTICLES, A PROVISION NOT IN THE ORIGINAL CONTRACT.

10. WHETHER, PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (F) OF SECTION 22, VEHICLES MAY BE HIRED FOR USE IN THE DELIVERY OF SPECIAL DELIVERY MAIL AT ALL POST OFFICES HAVING CITY DELIVERY SERVICE, OR ONLY AT POST OFFICES OF THE FIRST CLASS?

SUBSECTIONS (A), (B), AND (C) OF 1 SECTION 22 OF THE NEW STATUTE, 59 STAT. 459, 460, SPECIFICALLY ARE LIMITED BY THEIR TERMS TO FIRST-CLASS POST OFFICES. HENCE, AT OTHER CLASS POST OFFICES THERE REMAINS IN FORCE 59 U.S.C. 169A, PROVIDING AS FOLLOWS:

SPECIAL DELIVERY; MESSENGERS SERVICE; SCHEDULE OF RATES. FOR MAKING SPECIAL DELIVERY THERE MAY BE PAID TO THE MESSENGER OR OTHER PERSON MAKING SUCH DELIVERY 9 CENTS, FOR MATTER OF THE FIRST CLASS WEIGHING NOT IN EXCESS OF TWO POUNDS, 10 CENTS FOR MATTER OF OTHER THAN THE FIRST CLASS WEIGHING NOT IN EXCESS OF TWO POUNDS, 15 CENTS FOR MAIL MATTER OF ANY CLASS WEIGHING MORE THAN TWO POUNDS BUT NOT IN EXCESS OF TEN POUNDS, AND 20 CENTS FOR MAIL MATTER OF ANY CLASS WEIGHING IN EXCESS OF TEN POUNDS. MAR. 2, 1931, C. 372, SEC. 3, 46 STAT. 1469.)

SUBSECTION (D) OF SECTION 22 OF THE STATUTE PROVIDES THAT THE AUTOMOTIVE- EQUIPMENT MAINTENANCE ALLOWANCES SHALL BE PAID "IN ADDITION TO COMPENSATION PROVIDED IN SUBSECTIONS (A) AND (B)" OF THE NEW STATUTE. WOULD SEEM TO FOLLOW, THEREFORE, THAT SUBSECTION (F) OF THE SAME SECTION OF THE STATUTE IS LIMITED TO SPECIAL-DELIVERY SERVICE AT FIRST-CLASS POST OFFICES, PARTICULARLY HAVING IN MIND THAT AT OTHER CLASS POST OFFICES THE FEE SYSTEM OF PAYMENT PRESCRIBED BY SECTION 169A, TITLE 39 U.S.C., SUPRA, FOR SUCH SPECIAL-DELIVERY SERVICE, WHICH CONTAINS NO AUTHORITY FOR ALLOWANCE FOR VEHICLES FOR SUCH SERVICE, REMAINS IN FULL FORCE AND EFFECT. HENCE, THE FIRST ALTERNATE QUESTION IS ANSWERED IN THE NEGATIVE AND THE SECOND IN THE AFFIRMATIVE.

11. WHETHER, PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (F) OF SECTION 22, VEHICLES MAY BE HIRED ON AN ALLOWANCE BASIS FROM REGULAR, SUBSTITUTE AND TEMPORARY POSTAL EMPLOYEES AT FIRST-, SECOND-, AND THIRD-CLASS POST OFFICES FOR USE IN THE DELIVERY OF SPECIAL-DELIVERY MAIL?

THERE WOULD APPEAR TO BE NO LEGAL OBJECTION UNDER SECTION 22 (F) OF THE NEW STATUTE TO HIRE VEHICLES FROM EMPLOYEES SERVING AT ANY CLASS POST OFFICE, BUT SUCH VEHICLES COULD BE HIRED UPON AN ALLOWANCE BASIS ONLY WHEN USED FOR SPECIAL-DELIVERY SERVICE AT FIRST-CLASS POST OFFICES. SEE THE ANSWER TO QUESTION 10.

12. WHETHER, PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (F) OF SECTION 22, A RURAL CARRIER MAY BE GRANTED AN ALLOWANCE FOR THE HIRE OF HIS VEHICLE FOR SUCH TIME OR MILEAGE AS THE VEHICLE IS USED IN THE DELIVERY OF SPECIAL-DELIVERY MAIL IN COMPLIANCE WITH SECTION 1028 OF THE POSTAL LAWS AND REGULATIONS OF 1940, WHICH PROVIDES, IN PART, AS FOLLOWS:

"SPECIAL-DELIVERY MAIL ADDRESSED TO A PATRON OF A RURAL ROUTE WHO LIVES MORE THAN 1 MILE FROM THE POST OFFICE SHALL BE SENT OUT BY THE CARRIER ON IS FIRST TRIP AFTER THE RECEIPT OF SUCH MAIL AND SHALL BE DELIVERED BY THE CARRIER AT THE PATRON'S DWELLING OR PLACE OF BUSINESS, PROVIDED IT IS NOT MORE THAN ONE-HALF MILE FROM THE ROUTE, AND THERE IS A PASSABLE ROAD LEADING TO IT, FOR WHICH SERVICE THE CARRIER SHALL BE PAID THE REGULAR FEE. * * *"

13. WHETHER, PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (F) OF SECTION 22, AN ALLOWANCE MAY BE GRANTED REGULAR, SUBSTITUTE AND TEMPORARY POSTAL EMPLOYEES AT SECOND- AND THIRD-CLASS POST OFFICES FOR THE HIRE OF THEIR PRIVATELY-OWNED VEHICLES WHEN USED BY THE SAID EMPLOYEES IN THE DELIVERY OF SPECIAL-DELIVERY MAIL?

FOR THE REASONS STATED IN THE ANSWER TO QUESTION 10, BOTH QUESTIONS ARE ANSWERED IN THE NEGATIVE.

14. DOES THE AUTHORITY UNDER SUBPARAGRAPH (F) OF SECTION 22 TO PROVIDE VEHICLES FOR USE IN THE DELIVERY OF SPECIAL-DELIVERY MAIL PERMIT THE ASSIGNMENT TO THE SPECIAL-DELIVERY SERVICE OF GOVERNMENT-OWNED VEHICLES ACQUIRED UNDER THE APPROPRIATION ITEM " VEHICLE SERVICE" UNDER " OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL" IN THE TREASURY AND POST OFFICE DEPARTMENTS APPROPRIATION ACT 1946?

15. IS THE COST FOR AUTOMOTIVE-EQUIPMENT MAINTENANCE AND FOR VEHICLE HIRE PROVIDED FOR IN SUBPARAGRAPHS (D) AND (F) OF SECTION 22 A PROPER CHARGE AGAINST THE APPROPRIATION ITEM " VEHICLE SERVICE"?

THE ITEM OF APPROPRIATION REFERRED TO READS, IN PERTINENT PART, AS FOLLOWS:

VEHICLE SERVICE: FOR VEHICLE SERVICE; THE HIRE OF VEHICLES; THE RENTAL OF GARAGE FACILITIES; THE PURCHASE, MAINTENANCE, AND REPAIR OF MOTOR VEHICLES, INCLUDING THE REPAIR OF VEHICLES OWNED BY, OR UNDER THE CONTROL OF, UNITS OF THE NATIONAL GUARD AND DEPARTMENTS AND AGENCIES OF THE FEDERAL GOVERNMENT WHERE REPAIRS ARE MADE NECESSARY BECAUSE OF UTILIZATION OF SUCH VEHICLES IN THE POSTAL SERVICE; ACCIDENT PREVENTION; THE HIRE OF SUPERVISORS, CLERICAL ASSISTANCE, MECHANICS, DRIVERS, GARAGEMEN, AND SUCH OTHER EMPLOYEES AS MAY BE NECESSARY IN PROVIDING VEHICLES AND VEHICLE SERVICE FOR USE IN THE COLLECTION, TRANSPORTATION, DELIVERY AND SUPERVISION OF THE MAIL, AND UNITED STATES OFFICIAL MAIL AND MESSENGER SERVICE, $21,848,400 * * * .

AS THE QUOTED APPROPRIATION ITEM SPECIFICALLY IS MADE AVAILABLE FOR VEHICLE SERVICE, FOR THE HIRE OF VEHICLES, AND FOR THE MAINTENANCE OF MOTOR VEHICLES, BOTH QUESTIONS ARE ANSWERED IN THE AFFIRMATIVE--- IT BEING ASSUMED IN THE CASE OF HIRED VEHICLES THAT THE GOVERNMENT HAS OBLIGATED ITSELF TO MAINTAIN THE VEHICLES AS PART OF THE CONTRACT OF HIRE.