The Connecticut labor news., 1921-04-01
LEGION PROTESTS
DISCRIMINATION ON
POSTAL EMPLOYE
Red Tape Lost Standing and In
crease for Many Who Went
to War.

indianapolis, Ind, April 1.-Lemuel
Boles, national adjutant of the Amer
lean Legion, in a statement issued here,
declared that the legion would soon place
a protest before Postmaster General
Hays alleging discrimination against
postal employees because they served their
country during the World War"
Theodore Roosevelt, assistant secre-
tarv Of the navy, and Thomas w. Mil
Ter. and d. John Markey, members of
the legion's executive committee from
Delaware and Maryland. respectively
would compose a committee to place the
legion's protest before the postmaster
general, said Mr.. Bolles.
"Appearing as personal representa-
tives Of F. w. Gailbraith, jr., national
commander of the legion" said Mr..
Bolles' announcement, the committee
will cite instances in which provisions of
the act giving war veterans preference
in civil service examinations have been
ignored. Ex-service men returned from
overseas duty to find themselves de
NOTED in the postal department, it will
be alleged, and many civil service en-
ploves found sacrifice for their country
a handicap rather than an honor"
That the situation was not intended
but came about through too much red
tape" is shown by the following from
the postal employees official journal:
NO INJUSTICE SHOULD BE
DONE THE VETERAN EMPLOYEES
Six months have now elapsed since
the United States civil service retirement
act was placed in operation. Already
great good has resulted from its prOvis-
ions. Due to the regular receipt of their
well earned annuity, the lives of many
of the veterans of the public service have
been made a little brighter and a little
happier. What was the dream of yes
terday is the fact of today. Not many
years will pass on until we will be loath
to believe that the hard conditions OF
Yesterday ever existed. Thus does pro-
gress move on. The present retirement
law is a very worthy measure. While it
is far from perfect, its defects are slight
in comparison with its benefits. No law
is proof, however, against unfriendly
Interpretation. even though such con-
struCtiOn was never intended by its
makers A case in point is instanced by
the arbitrary action OF the postmaster
general in refusing to certify for re-
tention in the service a number of postal
workers whose efficiency and willingness
gave ample warrant for their retention.
Taking advantage Of the discretion
accorded him by the wording of the law,
if not its spirit, these employees were
ordered to retire, and retire they did.
The administration of the act has dis
closed other minor difficulties. This was
to be expected. 1t is so with every law.
The Bureau of Pensions, whose duty it
is to administer the law, has had to per-
feet its system and familiarize itself with
the various groups of federal employees
coming within the provisions of the act
and the character of their duties. Sew
eral decisions rendered by the officials
of the Bureau of Pensions would have
worked to the disadvantage of many of
our 1rembers had the cases not been ap-
pealed from and decided otherwise.
One case in point, finally decided in
favor of the employee, shows how easy
it is to perpetrate in ustice through mis-
understanding or misinfOrmation con-
corning the duties and status of civil
service employees On August 20, 1920,
the date that the retirement law became
effective, the employee involved in the
Casa letter carrier-had reached the
age of 65. AS a letter carrier he had an
honorable service record of AZ years to
his credit On that date he was retired
and the pOstOfflCe department officials so
notified the commissioner Of pensions.
The commissioner of pensions, however,
refused to retire the veteran on an annu-
ity and based his decision on a report
that the claimant had no service since
July Is, 1918. and was, therefore, not a
competitive classified employee of the
United States at the time the act of May
p, 1920, became effective and COnse-
quently was not eligible for benefits of
the retirement act" 1t appears that the
adverse report of the commission as
transmitted to the Bureau of Pensions
was brought about by the fact that the
carrier in question had from July 20,
1918, until July 81, 1919, been unable to
perform his duties as regular carrier
on account of illness, but had on the lat
ter date at his own written request and
with the approval of the postoff1ce de-
partrnent officials, been relegated to the
position of substitute letter carrier at
Brooklyn, N. Y, postofice.
Plainly the civil service commission
was in grave error in advising the
Bureau of Pensions that the substitute
carrier involved had no civil service
status, yet the Bureau of Pensions, in
complying with the law as they saw it,
based their adverse action on the report
of the commission and held steadfastly
to its decision. The first assistant post
master general, on being informed of the
situation, directed a communication to
the bureau OF PENSIONS III WHICH he
stated that the fact that he was re-
duced from regular to substitute carrier
July 81, 1919 did not affect his status
as a classified civil service employee. x x
The department again recommends that
to be retired with annuity to which it
appears he is entitled because of his
length of service and because of the fact
that he was a classified employee in the
classified service at the time of his
separation, to which the act of May p,
1920, applies"
At subsequent date the U. S. civil
service commission reversed its former
opinion as to the status of substitute let
ter carriers and held that Substitutes
in the postal service are in the classified
service of the government and within
the provisions of the retirement act This
decision neCessitates modification of