COMPENSATION-Continued.

Overtime-Continued.

Customs Service employees-Continued.

by customs employees during hours
from 5 p.m. to 8 a. m. is statutory pro-
vision relating to time within which
right accrues within meaning of 15
U. S. Code 262 requiring that such
time be U. S. standard time and, as
such, is to be regarded as having refer-
ence to standard time, rather than to
daylight saving time, of particular
time zone involved...

In general-under sec. 5, act of Feb. 13,
1911, as amended, providing for pay-
ment of extra compensation for certain
overtime services performed by customs
employees between hours of 5 p. m.
and 8 a. m., customs employees who
are required to perform such services
between 8 a. m. and 5 p. m. in addition
to 8 hours' service are not entitled to
compensation at overtime rates, not-
withstanding holding in Timothy E.
O'Rourke v. United States, C. Cls.
No. 46657, that "work at night" as
contemplated by said sec. 5 was "work
in excess of 8 hours in any one 24-hour
period regardless of the time of day
that it was done"..
Experts and consultants-experts and
consultants appointed pursuant to sec.
15, administrative expense statute of
Aug. 2, 1946, providing for procurement,
if otherwise authorized, of temporary or
intermittent services of such personnel
by contract, are not "full-time" officers
or employees within contemplation of
sec. 604 (a), Federal Employees Pay
Act of 1945, so as to be entitled under
overtime compensation provisions of
sec. 201 of such act to compensation
prescribed therein in addition to that
allowed under their contracts of employ-
ment for hours worked in excess of basic
administrative work-week of forty hours.
Forty-hour week (act of Mar. 28, 1934).
See Compensation, overtime, wage-board,
etc., employees.

Immigration and Naturalization Service
employees:

Disposition of amounts collected from
carriers in excess of amounts paid
employees-all excess receipts derived
from carriers for overtime services ren-
dered by Immigration and Natural-
ization Service employees pursuant
to act of Mar. 2, 1931, as amended,
which arise by reason of proviso in
Dept. of Justice Appro. Act, 1948,
requiring use of overtime rates of com-
pensation prescribed by Federal Em-
ployees Pay Acts of 1945 and 1946,
rather than those set forth in 1931 act,
are to be covered into Treasury as
miscellaneous receipts in absence of ex-
press statutory authority otherwise...

Page COMPENSATION-Continued.
Overtime-Continued.

148

655

776

102

Immigration and Naturalization Service
employees-Continued.

Payments under Federal Employees
Pay Acts:

Duration of statutory provisions for-

proviso in Dept. of Justice Appro.
Act, 1948, precluding payment of
overtime compensation by Immi-
gration and Naturalization Service
other than as provided in Federal
Employees Pay Acts of 1945 and
1946, does not effect repeal of provi-
sions of act of Mar. 2, 1931, as
amended, respecting payment of
extra compensation to Immigration
and Naturalization Service employ-
ees for overtime services, but, rather,
temporarily suspends overtime pro-
visions of said act and substitutes
therefor, during fiscal year 1948, only,
overtime provisions of pay acts of
1945 and 1946..

Inclusion of stand-by and travel time—
where liability for payment of extra
compensation for overtime services
of Immigration and Naturalization
Service employees attaches to car-
riers pursuant to act of Mar. 2, 1931,
as amended, continuation of admin-
istrative definition of "time on duty"
to include stand-by and travel time
outside employee's regularly estab-
lished tour of duty is not objection-
able, even though travel time out-
side regular tour of duty is not pay-
able as overtime under Federal Em-
ployees Pay Acts of 1945 and 1946,
overtime provisions of which were
made applicable to such employees
by proviso in Dept. of Justice Appro.
Act, 1948.....

Military leave on sixth day of workweek-
civilian employee regularly scheduled to
work six 8-hour days per week is entitled
under act of May 12, 1917, as amended,
granting to members of Officers' Reserve
Corps military leave of absence without
loss of pay, to receive otherwise proper
overtime compensation for sixth day of
week on which he was absent on military
leave as member of Officers' Reserve
Corps......
"Stand-by" or "on call" time-Immigra-
tion and Naturalization Service employ-
ees, in general-where liability for pay-
ment of extra compensation for over-
time services of Immigration and Na-
turalization Service employees attaches
to carriers pursuant to act of Mar. 2,
1931, as amended, continuation of admin-
istrative definition of ""time on duty" to
include stand-by and travel time out-
side employee's regularly established
tour of duty is not objectionable, even
though travel time outside regular tour

COMPENSATION-Continued.

Overtime-Continued.

of duty is not payable as overtime under
Federal Employees Pay Acts of 1945 and
1946, overtime provisions of which were
made applicable to such employees by
proviso in Dept. of Justice Appro. Act,
1948.

Travel time:

General rule-overtime compensation
authorized for per annum employees
by provisions of sec. 201, Federal Em-
ployees Pay Act of 1945, for all hours
of employment in excess of 40 hours in
any administrative work week was not
intended to include travel outside basic
workweek or regularly ordered over-
time hours....
Immigration and Naturalization Service
employees, in general-where liability
for payment of extra compensation for
overtime services of Immigration and
Naturalization Service employees at-
taches to carriers pursuant to act of
Mar. 2, 1931, as amended, continuation
of administrative definition of "time on
duty" to include stand-by and travel
time outside employee's regularly es-
tablished tour of duty is not objec-
tionable, even though travel time out-
side regular tour of duty is not payable
as overtime under Federal Employees
Pay Acts of 1945 and 1946, overtime
provisions of which were made appli-
cable to such employees by proviso in
Dept. of Justice Appro. Act, 1948...
Wage-board, etc., employees. See Com-
pensation, overtime, wage-board, etc.,
employees.
Wage-board, etc.,

employees-travel

time-Army Dept. per diem employees
subject to 40-hour week statute of Mar.
28, 1934, whose wages are fixed by wage
boards or other wage-fixing authorities
would be entitled, upon promulgation
of otherwise proper administrative regu-
lations, to overtime compensation for
travel time on non-workdays which, when
added in amount equal to normal work-
day to time worked either at their offi-
cial stations or while traveling, exceeds 40
hours per week, and decisions of this
Office prescribing straight-time com-
pensation for such travel time no longer
will be controlling...

Witness service period-in view of prohi-
bition in sec. 850, R. S., as amended,
against receipt by employee of mileage
or compensation "in addition to his
salary" and traveling expenses provided
for therein, when serving as Govt. wit-
ness, employee who is subpoenaed or
otherwise ordered to appear as Govt.
witness in his official capacity is not en-
titled to overtime compensation under

Page COMPENSATION-Continued.
Overtime Continued.

102

613

102

613

sec. 201, Federal Employees Pay Act of
1945, or to any other compensation,
where appearance in court is on day out-
side of his regular workweek; nor is em-
ployee testifying in his official capacity
for private party entitled to compensa-
tion on such day. 26 C. G. 151, ampli-
fled..

Payments:

Time for making-frequency-while ac-
counting and custodial employees serv-
ing in office of U. 8. property and dis-
bursing officer for State under appoint.
ments made by State military authori-
ties without regard to civil service and
classification laws are to be regarded as
State employees and not employees of
U. S. within meaning of sec. 604 (d),
Federal Employees Pay Act of 1945,
their compensation, part of which is
paid from Federal funds and which is
payable on monthly or semi-monthly
basis under applicable regulations, is for
computation on basis of 30-day month in
accordance with sec. 6, act of June 30,
1906, as amended.
Underpayments-administrative adjust-
ments-in case of temporary employees
who acquired permanent status on first
day of pay period after they satisfied all
other eligibility requirements for within-
grade salary advancements under sec.
402, Federal Employees Pay Act of 1945,
but who did not receive such advance-
ments simultaneously with acquisition
of pernianent status, administrative ac-
tion may be taken to process such pro-
motions retroactively effective to date
of acquisition of permanent status if such
employees are still on rolls; however, any
claims of former employees for such com-
pensation adjustments would be for
settlement by G. A. O...

Pay Readjustment Act. See Pay.
Pay rolls. See Pay Rolls.

Periodic within-grade advancements:
Date to be commenced:

Eligibility attained on first day of pay
period:

Where, on July 1, 1945, effective date
of within-grade salary advancement
provisions of Federal Employees
Pay Act of 1945, reallocation of em-
ployee's position to next higher grade
became effective without resulting
in increase in compensation-em-
ployee having received maximum
salary of his former grade-salary
advancement of employee to second
step of higher grade properly was
made effective beginning with pay
period commencing July 1, 1945, pro-
vided all other conditions of statute

COMPENSATION-Continued.

Periodic within-grade advancements-Con.
Date to be commenced-Continued.
Eligibility attained on first day of pay
period-Continued.

governing within-grade advance-
ments had been met. 22 C. G. 336,
distinguished.............
Temporary employee whose position
was converted to permanent status
on first day of pay period after he
satisfied length-of-service require-
ments and other conditions of sec.
402, Federal Employees Pay Act of
1945, authorizing within-grade salary
advancements for permanent em-
ployees at beginning of next pay
period following completion of nec-
essary prerequisites, is entitled to
benefit of within-grade advance-
ment effective same date as conver-
sion, rather than at beginning of
following pay period. 21 C. G. 313,
amplified.....
"Equivalent increase in compensation"
as cutting off prior service credit and be-
ginning new waiting period. See Com-
pensation, periodic within-grade advance-
ments, waiting period commencement.
Manner of accomplishing payment of ad-
vancements to date eligibility status
attained-in case of temporary em-
ployees who acquired permanent status
on first day of pay period after they
satisfied all other eligibility require-
ments for within-grade salary advance-
ments under sec. 402, Federal Employees
Pay Act of 1945, but who did not receive
such advancements simultaneously with
acquisition of permanent status, ad-
ministrative action may be taken to
process such promotions retroactively
effective to date of acquisition of perma-
nent status if such employees are still on
rolls; however, any claims of former
employees for such compensation ad-
justments would be for settlement by
G. A. O....
Related matter of constructive appoint-
ment date for appointees who previously
lost appointment opportunity because
of military service. See Appointments,
effective date, constructive date for appoint-
ees who preiously lost appointment
opportunity because of military service.
Retroactive-eligibility attained on first
day of pay period-in case of temporary
employees who acquired permanent
status on first day of pay period after
they satisfied all other eligibility re-
quirements for within-grade salary
advancements under sec. 402, Federal
Employees Pay Act of 1945, but who
did not receive such advancements
simultaneously with acquisition of

499

499

Clerical service under district locomotive
inspectors-clerks formerly employed
by district locomotive inspectors and
paid from allowances for clerical as-
sistance pursuant to sec. 4 of act of
Feb. 17, 1911, as amended, now re-
pealed in pertinent part by act of
May 27, 1947, may not count their
service as such clerks for within-grade
salary-advancement purposes under
sec. 402 of Federal Employees Pay Act
of 1945, after having been brought
within purview of the Classification
Act as result of 1947 act..
Nonpay periods-return to pay status
requirement-employee who, while on
leave without pay granted in connec-
tion with his separation by reduction
in force, completed prescribed waiting
period for within-grade salary-advance-
ment purposes within leave-without-
pay period of twenty-two eight-hour
days authorized to be credited as ser-
vice for such purposes by sec. 25.231 (c),
Federal Employees Pay Regs., is
entitled to have his lump-sum leave
payment computed at rate of com-
pensation which includes within-
grade salary advancement, even
though employee did not return to
pay status..

Public Health Service commissioned
service-Public Health Service em-
ployees who, prior to July 29, 1945,
effective date of E. O. No. 9575
declaring commissioned corps of
Public Health Service "to be a mili-
tary service," were called to active
duty as reserve officers of such corps
may, upon return to their former
civilian positions, be given credit
toward within-grade advancements
under sec. 402, Federal Employees
Pay Act of 1945, for all active service as
commissioned officers, regardless of
whether such service was directly
under Public Health Service or on
detail to Coast Guard, Army, or

Navy.....

Related matter of constructive appoint-
ment date for appointees who pre-
viously lost appointment opportunity
because of military service. See
Appointments, effective date, construc-

COMPENSATION-Continued.
Periodic within-grade advancements-Con.
Service credits-Continued.

tive date for appointees who previously
lost appointment opportunity because
of military service.

Waiting period commencement:

Effect of restoration to higher salary—
employee restored to former grade fol-
lowing service in lower grade, resulting
compensation increase being equal at
least to smallest salary increment in
lower grade, is to be regarded as having
received "equivalent increase in com-
pensation" within meaning of within-
grade salary-advancement provisions
of sec. 402, Federal Employees Pay
Act of 145, and regulations issued in
pursuance thereof, so that time
served in higher grade prior to service
in lower grade may not be credited
toward within-grade advancement in
higher grade after restoration thereto..
Effect of statutory increases in basic
rates of compensation-there being no
provision of law that increase author-
ized by sec. 4 of Federal Employees
Pay Act of 1946 in basic rates of com-
pensation specifically provided by
statute shall not be construed as
"equivalent increase in compensa-
tion" within meaning of within-grade
salary-advancement provisions of sec.
402 of Federal Employees Pay Act of
1945, similar to provision in sec. 2 (c)
of 1946 act with respect to other basic
rate increases, increase under said
sec. 4 precludes within-grade advance-
ment under 1945 act until expiration
of prescribed waiting period following
such increase..

Political activity restrictions-removal from
office, etc.-as requisite to discontinuance
of compensation payments-payment of
compensation for services rendered, prior to
separation, by employee who held elective
State or local township office concurrently
with Federal employment would not be
barred by provisions of sec. 9, act of Aug. 2,
1939 (Hatch Act), prohibiting political
activities, unless services of said employee
were terminated pursuant to provisions
thereof, nor do provisions of Executive
order of Jan. 17, 1873, which bar Federal
employees from accepting or holding office
under State or Territorial government,
purport to prohibit payment of Federal
compensation..

Postal Service:

Automatic promotions:

Counting of prior service before demo-
tion after restoration to former grade—
Postal Service employee who was de-
moted to lower grade for disciplinary
reasons may not, after restoration to his

Page COMPENSATION-Continued.
Postal Service-Continued.

59

220

750

Page

773

Automatic promotions-Continued.
former higher grade, count satisfactory
service in grade to which demoted
toward "one year's satisfactory service
in each grade" required by Postal
Service pay statute of July 6, 1945, for
automatic promotion to next higher
grade; however, prior satisfactory
service before demotion, unbroken by
unsatisfactory service, may be counted
in conjunction with subsequent satis-
factory service after restoration to for-
mer higher grade in computing such
service requirement. Cf. 2 C. G. 363_ 773
Counting of service in lower grade after
restoration to higher grade-Postal
Service employee who was demoted to
lower grade for disciplinary reasons
may not, after restoration to his former
higher grade, count satisfactory service
in grade to which demoted toward
"one year's satisfactory service in each
grade" required by Postal Service pay
statute of July 6, 1945, for automatic
promotion to next higher grade, how-
ever, prior satisfactory service before
demotion, unbroken by unsatisfactory
service, may be counted in conjunction
with subsequent satisfactory service
after restoration to former higher grade
in computing such service require-
ment. Cf. 2 C. G. 363..
Initial salary rates:
Garagemen-drivers of Motor Vehicle
Service-in view of fact that sec. 13(d),
Postal Service pay statute of July 6,
1945, fixing salary rates of garagemen-
drivers of Motor Vehicle Service,
makes no requirement that appoint-
ments be made initially to first salary
grade, status and salary grade of em-
ployee who was initially appointed as
garageman-driver at first salary grade,
rather than at grade 5 to which he
would have been appointed had ad-
ministrative office had knowledge of
his prior Federal civilian and military
service, may be adjusted by adminis-
trative action retroactively to date of
appointment without resulting în re-
troactive promotion...--
Railway mail clerks transferred to posi-
tions as railway postal clerks in view
of provisions of sec. 7, act of Aug. 24,
1912, authorizing transfer of Railway
Mail Service clerks to any other classi-
fication in Service, and provisions of
act of Mar. 3, 1917, precluding salary
reduction of such clerks upon transfer,
Railway Mail Service clerks in charge,
upon transfer and reassignment to
positions as railway postal clerks, may
be paid salaries at maximum addi-

772

COMPENSATION-Continued.

Postal Service-Continued.

Initial salary rates-Continued.

one

tional salary grade provided for clerks in line classification to which they are assigned. 27 C. G. 68, distinguished... Inspection Service clerk transferred to principal review clerk-initial salary rate initial salary rate of employee of Post Office Inspection Service upon transfer within such Service from position as clerk to principal review clerk may be fixed administratively, with approval of Civil Service Com., at any one of four automatic salary grades specified for latter position by sec. 15 (e), Postal Service pay statute of July 6, 1945, as amended but no higher............. Postmasters-adjustments on account of office advancement in class-effective date-where two post offices were discontinued as branches of office and immediately established as branches of another office, combined total gross receipts of consolidated office for prior calendar year being definite and ascertainable may be used as basis for advancing such office to first class; however, under sec. 3, act of Mar. 3, 1883, any adjustment in salary of postmaster of consolidated office, and for clerical assistance, quarters, etc., provided in accordance with class, may not be made effective until first day of quarter next following order of adjustment of postmaster's salary.... Promotion to special clerk, in generalduring military service-promotions of Postal Service employees to former grades of special clerk having been administrative, as distinguished from automatic, promotions, which could not have been granted while on military duty, or be given retroactive effect upon restoration after military duty, employees who had been administratively promoted to special clerk while in military service may not be assigned, upon restoration to civilian duty subsequent to effective date of Postal Service employees pay statute of July 6, 1945which did not continue grades of special clerk-to automatic salary grades higher than those that would have been assigned if such administrative promotions had not been granted..... Supervisory employees reassigned to clerical positions-supervisory employees in first-class post offices who are to be reassigned to clerical grades because of decrease of postal receipts or for any other reason may not, upon reassignment, be placed in grades 12, 13, or 14 which were created by sec. 12 (a), Postal

Page COMPENSATION-Continued. Postal Service-Continued.

600

672

608

358

Service pay statute of July 6, 1945, for purpose of promoting thereto certain employees who have rendered prescribed minimum periods of faithful and meritorious service..... Transferred principal review clerks restored to former positions:

Service credit for promotion to additional clerical grades:

Principal review clerks at division
headquarters of post office inspectors
who transfer to other positions in
Postal Service, whether in same or
similar branch or whether duties be
similar or dissimilar, may not, upon
restoration to their former positions,
count service in such other positions
toward minimum service require-
ments prescribed by sec. 15 (e),
Postal Service pay statute of July 6,
1945, for promotion to two additional
grades provided therein for review
clerks who perform faithful and
meritorious service. 21 C. G. 326,
distinguished....
"Continuous active service" require-
ment-term "continuous active serv-
ice" as used in allowable service
provisions of sec. 25, Postal Service
pay statute of July 6, 1945, is to be
regarded as only requiring contin-
uous employment in Postal Service,
so that principal review clerks at
division headquarters of post office
inspectors who transfer to other
positions in Service and subsequent-
ly retransfer to their original posi-
tions without break in service may
count their original period of em-
ployment toward promotion to two
additional grades provided in sec.
15 (e) of said statute for review clerks
whose service is "faithful and meri-
torious".

Promotions:

Automatic:

Civilian employees generally. See Compensation, periodic within-grade advancements.

Postal Service. See Compensation, Postal Service, automatic promotions. Foreign Service personnel. See Compensation, Foreign Service personnel, promotions.

Initial salary rates. See Compensation, initial salary rates.

Periodic within-grade advancements. See Compensation, periodic within-grade advancements.

Postal Service. See Compensation, Postal Service.