FEBRUARY 23, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. MILLER, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 2405] The Committee on Claims, to whom was referred the bill (H. R. 2405) for the relief of Clarence P. Hale, Jr., having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 1, line 6, strike out the figures "500", insert in lieu thereof the figures "$250". The purpose of the proposed legislation is to appropriate the sum of $250 to Clarence P. Hale, Jr., of St. Louis, Mo., in full settlement of all claims against the United States for expenses incurred as the result of a trip undertaken by him from St. Louis, Mo., to Vallejo, Calif., to accept employment upon authorization of a letter from the office of the manager, fifth United States civil-service district, Atlanta, Ga. STATEMENT OF FACTS It appears that the regional director of the fifth United States civil-service district, on September 14, 1942, sent Mr. Hale a letter of introduction telling him to report for duty at the navy yard, Mare Island, Calif., as helper, aircraft mechanic general. This letter did not specify the rate of pay but the regional director stated that it was believed that a circular issued by the labor board at the naval air station, Jacksonville, Fla., to eligibles, gave the wage rate as 89 cents an hour. The letter of the Commission was an error, as at that time there were no positions in the trade of helper, aircraft mechanic general, at the Mare Island Navy Yard, and the appointment should have read to a position as helper general. Under date of September 20, 1942, Mr. Hale wrote the regional director of the fifth civil-service district. that he was leaving for Mare Island on September 27, 1942. Upon receipt of such communication the Civil Service Commission sent Mr. Hale an air mail letter on September 24, correctly showing the position as helper, general, and also enclosing a cover letter pointing out specifically that the Mare Island Navy Yard was appointing persons with eligibility as helper, aircraft mechanic, general, to helper general positions, and that the navy yard had no such rating as helper, aircraft mechanic, general. Unfortunately, Mr. Hale appears to have left St. Louis on September 25, 1942, instead of September 27, without notifying the regional director of his change of plans and thus failed to receive this letter before leaving for the west coast. On arriving at Mare Island, Mr. Hale was offered immediate employment as helper, general. The reason for Mr. Hale leaving St. Louis for the Mare Island Navy Yard earlier than the date he had advised them he would leave was due to a letter he had received from the fifth civil service district, dated September 14, 1942, which states: Enclosed is your letter of introduction to be presented to the recorder, labor board, Mare Island Navy Yard, Vallejo, Calif., at the time you report for duty at that station as helper, aircraft mechanic, general. In view of the urgent need of qualified persons to fill positions of this type, it is requested that you leave at the earliest possible date to report for duty. Transportation to California is at your own expense. In order to secure appointment, it will be necessary for you to present this letter to the recorder. Therefore, it is the opinion of your committee that Mr. Hale should be reimbursed in the sum of $250 for expenses incurred due to this error on the part of the Government, and amends the bill accordingly. The committee recommends favorable consideration to the bill, amended. as Appended hereto are the reports of the Navy Department and the Civil Service Commission, together with other pertinent evidence. Hon. DAN R. McGEHEE, Chairman of the Committee on Claims, NAVY DEPARTMENT, Washington, January 24, 1944. House of Representatives. MY DEAR MR. CHAIRMAN The bill (H. R. 2405) for the relief of Clarence P. Hale, Jr., was referred to the Navy Department by your committee with request for the opinion of the Navy Department as to its merits. The purpose of the proposed legislation is to pay to Clarence P. Hale, Jr., of St. Louis, Mo., the sum of $500, in full settlement of all claims against the United States for expenses incurred as the result of a trip undertaken by him from St. Louis, Mo., to Vallejo, Calif., to accept employment as helper, aircraft mechanic, general, at Mare Island Navy Yard, Vallejo, Calif., upon authorization of a letter from the office of the manager, fifth United States civil service district, Atlanta, Ga. It appears from the records of the Navy Department that the regional director of the fifth civil-service region of the United States Civil Service Commission, on September 14, 1942, sent to Mr. Hale a letter of introduction telling him to report for duty at the Navy Yard, Mare Island, Calif., as helper, aircraft mechanic general. Said letter did not specify the rate of pay but the regional director stated that it was believed that a circular issued by the labor board at the Naval Air Station, Jacksonville, Fla., to eligibles, gave the wage rate as $0.89 an hour. The letter of the Commission was an error, as at that time there were no positions in the trade of helper, aircraft mechanic general, at the Mare Island Navy Yard, and the appointment should have read to a position as helper general. Under date of September 20, 1942, Mr. Hale wrote the regional director of the fifth civil-service region that he was leaving for Mare Island on September 27, 1942. On receipt of such communication the fifth region sent Mr. Hale an air-mail letter on September 24, 1942, correctly showing the position as helper general and also enclosing a cover letter pointing out specifically that the Mare Island Navy Yard was appointing persons with eligibility as helper, aircraft mechanic general, to helper general positions and that the navy yard had no such rating as helper, aircraft mechanic general. Unfortunately, Mr. Hale appears to have left St. Louis on September 25, 1942, instead of September 27, without notifying the regional director of his change of plans and thus failed to receive this letter before leaving for the west coast. On arriving at Mare Island, Mr. Hale was offered immediate employment as a helper general. In such position he would have helped mechanics employed in shipbuilding trades. As a helper, aircraft mechanic general, he would have helped mechanics engaged in aircraft overhaul and repair. The level of the work as a helper would be the same in both instances. The hourly rates of pay for the positions of helper general and helper, aircraft mechanic general, respectively, are the same, i. e., $0.95 maximum, $0.89 intermediate, and $0.83 minimum. On declining the appointment at Mare Island, Mr. Hale was advised of the possibility of securing employment in the aircraft field at the United States Naval Air Station. Alameda, Calif., a point distant but 25 miles and the estimated cost of transportation thereto would have been only $0.84. The Navy Department has no information as to whether or not Mr. Hale actually returned to St. Louis, Mo., after declining the appointment at the Navy Yard, Mare Island, Calif., or whether or not he obtained employment elsewhere. The railroad fare, including lower berth, from St. Louis, Mo., to Vallejo, Calif. (Mare Island, Calif.) is $84. The cost of the proposed legislation is $500. In view of the foregoing, the Navy Department recommends against the enactment of the bill H. R. 2405. The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of this recommendation. Sincerely yours, RALPH A. BARD, Acting. FIFTH UNITED STATES CIVIL SERVICE DISTRICT, Mr. CLARENCE PATTERSON HALE, Jr. St. Louis, Mo. DEAR MR. HALE: Enclosed is your letter of introduction to be presented to the recorder, labor board, Mare Island Navy Yard, Vallejo, Calif., at the time you report for duty at that station as helper, aircraft mechanic general. In view of the urgent need of qualified persons to fill positions of this type, it is requested that you leave at the earliest possible date to report for duty. Transportation to California is at your own expense. In order to secure appointment, it will be necessary for you to present this letter to the Recorder. Very truly yours, O. E. MYERS, Regional Director. [Airmail] FIFTH UNITED STATES CIVIL SERVICE DISTRICT, Mr. CLARENCE Patterson HALE, Jr. St. Louis, Mo. DEAR MR. PATTERSON: Enclosed is the duplicate copy of your letter of introduction which you requested in your letter of September 20, 1942. You are advised that the Mare Island Navy Yard has informed this office that they are appointing persons with eligibility as helper, aircraft mechanic general, to the position of helper general, inasmuch as the navy yard has no rating as helper, aircraft mechanic general. This letter is being forwarded by air mail in order that it may reach you in time for you to leave for California on September 27. Very truly yours, H. Repts., 78-2, vol. 2 O. E. MYERS, Regional Director. UNITED STATES CIVIL SERVICE COMMISSION, Hon. DAN R. McGEHEE, House of Representatives, Washington, D. C. DEAR MR. MCGEHEE: Further reference is made to your letter of October 5, 1943, transmitting a copy of H. R. 2405, a bill for the relief of Clarence P. Hale, Jr. A search of our files has disclosed that we had considerable correspondence with Hon. Walter C. Ploeser in November and December 1942 on the same subject. As a result of our investigation at that time, we wrote Mr. Ploeser on December 14, 1942, giving him a complete report of this case. A copy of that letter is attached. We can add nothing further in this case with regard to historical background. Pertinent facts in this case, together with comments, are as follows: (1) Mr. Hale was advised by the recorder of the labor board at the United States Naval Air Station, Jacksonville, Fla., by letter of August 26, 1942 (the original of which was returned to Representative Ploeser), that "appointments are to be made to helper positions in various navy-yard trades." On the basis of Mr. Hale's willingness to accept such a position, the regional director of the fifth civil service region on September 14, 1942, sent Mr. Hale a letter of introduction in which, unfortunately, an error was made in telling him to report for duty at the Mare Island Navy Yard as helper, aircraft mechanic general. Although the error in the letter of September 14 is acknowledged, the fact remains that if Mr. Hale had not originally signified his availability for consideration for "appointments to helper positions in various navy-yard trades," the letter of September 14 would not have been sent. It is felt that the original letter of inquiry was sufficiently informative as to the nature of the work concerning which Mr. Hale interposed no objection at that time. (2) On September 20, 1942, Mr. Hale wrote the regional director of the fifth Civil Service region stating that he was leaving for Mare Island on September 27 (a copy of this letter is attached). On receipt of this letter, the fifth region sent Mr. Hale an air-mail letter on September 24, 1942 (the original of which was returned to Representative Ploeser), correctly showing the position as helper general, and also enclosing a cover letter pointing out specifically that the Mare Island Navy Yard was appointing persons with eligibility as helper, aircraft mechanic general, to helper general positions, and that the navy yard had no rating such as helper, aircraft mechanic general. However, Mr. Hale appears to have left St. Louis on September 25 instead of September 27 without notifying the regional director of his change of plans, and thus failed to receive this letter before leaving for the west coast. If he had left at the time he stated (September 27) the corrected letter would have reached him before his departure. (3) Mr. Hale was offered immediate employment at the Mare Island navy yard, and on his declination he was advised of the possibility of securing employment in the airctaft field at the United States Naval Air Station, Alameda, Calif., not far distant from Mare Island. He apparently did not choose to pursue this lead. In view of the above, the Commission, after careful consideration, is of the opinion that this bill should not be enacted into law. The Director of the Bureau of the Budget has advised the Commission that there is no objection to the submission of this report. Very sincerely yours, HARRY B. MITCHELL, President. О |