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B-70371 1 (1976-01-22)

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DECISION




FILE:        B

MATTER   OF:


DIGEST:


o  THE  COMPTROLLER GENERAL
   OF  THE UNITED STATES
   WASHINGTON, 0.C. 2054


-70371


DATE:   JAN  2 21976


Jury Fees - Postal Service Employees


1. Although under subsection (e) added to
   5 U.S. C. S 2105 by Postal Reorganization
   Act, Pub. L. 91-375, Postal Service
   employees are no longer within purview
   of title 5, U. S. Code. Postal Service
   employees are still subject to provi-
   sions of 5 U. S. C. S 5537 (1970), con-
   tinued through Postal Regulations, and
   may  not be paid jury fees authorized by
   28 U. S.C. 5 1871 (1970).


             2.  Laws, etc., relating to employment terms,
                 conditions and benefits of employees of
                 former Post Office which Postal Service
                 has continued in effect for its employees
                 through regulations issued under 39 U. S. C.
                 $ 1005(f), added by Postal Reorganization
                 Act, Pub. L. 91-375, are for implementa-
                 tion and determination by Postal Service.

      The Director, Administrative Office of the United States Courts,
has requested our decision whether employees of the United States
Postal Service who serve as jurors in the Federal district courts are
entitled to payment of the attendance fees provided by law for jury
duty. At the present time, Clerks of the Courts are not authorizing
payment of the attendance fees to Postal employees on the basis of
the proscription of 5 U. S. C. S 5537 (1970).

      The jury fee statute, 28 U. S. C. 5 1871 (1970), provides that,
except as otherwise provided by law, grand and petit jurors in the
Federal district courts or before United States Commissioners
generally are to receive a jury attendance fee in the amount of $20
per day. 5 U. S. C. S 5537 (1970) provides in pertinent part that an
employee as defined by 5 U. S. C. S 2105 (1970) may not receive the
jury service fee provided for in 28 U. S. C. S 1871 (1970). The
threshold question then is whether Postal Service employees are
employees within the meaning of 5 U. S. C. S 2105 (1970) so as to
make  5 U. S. C. § 5537, stpra applicable.


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