COMPLAINANT EARL R. ROUSSEAU, JR. Earl R. Rousseau, Jr., residing at 2327 London Avenue, New Orleans, La., was appointed temporary clerk in the New Orleans post office on July 16, 1943. This appointment was changed to a war service indefinite appointment on October 23, 1943, in accordance with civil-service procedure. Rousseau is a nonveteran. On August 23, 1946, Rousseau passed a civil-service examination for clerk-carrier, receiving a rating of 87.2. While serving as a war service indefinite clerk, Rousseau was certified for regular appointment on civil service certificate No. 8, dated February 17, 1947. The postmaster refused to select him for appointment. The records show that Rousseau served as clerk in the New Orleans post office approximately 31⁄2 years. His efficiency ratings for 1945-46 were 94, 97, and 93. From March 3, 1946, to January 8, 1947, the period immediately preceding his certification, Rousseau had accumulated 272 demerits. He was cited 12 times and demerited 9 times for the following offenses: Two times for failure to report for duty. Four times for being tardy. One time for failure to identify himself on worked mail. The three citations which resulted in the assessment of no demerits were for the following offenses: Two times for failure to submit sick-leave blank. One time for failure to total time card. The appeals of Bush, Fortin, and Anthony were based on the following grounds: 1. That as veterans their rights under the Veterans' Preference Act of 1944 had been violated by their separation from the service. 2. That as war-service indefinite substitutes, they were discriminated against by the postmaster in refusing to select them for regular appointment when their names were reached on the civil-service register, solely because of their race. In disposing of the first ground of their appeal, Chief Investigator LeRay, of the Civil Service Commission, made findings as follows: It should be noted that in these appellants' notice of separation, it is stated that their separation is due to reduction in force and that the selection for separation was made in accordance with Post Office Department and Civil Service Commission regulations governing reduction in force. However, inquiry made at the post office and at the examing and placement division of the tenth region reveals that this is not correct, and that the appellants' separation was not in connection with a reduction in force, but was in connection with an orderly displacement program. Although the above notice of separation issued by the New Orleans post office refers to reduction in force and the regulations governing reduction in force, these regulations were not followed in effecting the appellants' separation, inasmuch as they were not given a reassignment to a lower grade position, a number of which lower-grade positions being held by individuals in a lower retention subgroup than these appellants. That there was some question as to whether the instructions of the Commission as expressed in Commission's letter 46-254 had been complied with in separating these complainants. Inquiry regarding this was made of the Commission in a teletype dated March 11, 1947, and in a teletype reply dated March 17, 1947, the Commission stated: "Postmaster at New Orleans may not be authorized to displace any employee except in order specified in Commission Letter 46-254 even though subject em ployee has been passed over three times in making probational appointment. Employee has right not to be displaced from his war-service appointment sooner than other employees in lower ranking on appropriate eligible register." This information was furnished to the postmaster of New Orleans and, as a direct result, the postmaster wrote a letter to those appellants canceling their notices of separation. Having disposed of the irregular procedure adopted by the postmaster in separating these men, the Civil Service Commission retained jurisdiction of the complaints and proceded to investigate the charge of racial discrimination. COMPLAINANT HENRY R. GREENE Henry R. Greene, residing at 548 Fourth Street, New Orleans, La., served in the United States Army from September 12, 1942, to December 3, 1944, when he was honorably discharged. Greene is a 10-point disabled veteran of World War II and is, therefore, entitled to the benefits of the Veterans' Preference Act of 1944. In December 1944, Greene was appointed a war-service indefinite mail handler (formerly laborer) in the New Orleans post office. On March 6, 1945, Greene was appointed temporary clerk. On August 23, 1946, Greene passed a civil-service examination for clerk-carrier, receiving a rating of 72.2. He received notice of his rating in the examination on October 21, 1946, and shortly thereafter his eligibility for appointment was suspended by the Commission because of hyper tension. Greene was receiving treatment from the Veterans' Administration and on or about February 1, 1947, he presented evidence to the New Orleans post office setting forth that his physical condition was then such that he could be considered for appointment. He was at this time actually working in the post office and had been so engaged since 1944. On or about March 14, 1947, Greene received a letter from the postmaster at New Orleans inquiring as to his availability for appointment, to which he immediately replied in the affirmative. He received no further information from the postmaster. On March 21, 1947, William C. Deering, Sr., of the personnel division of the New Orleans post office, stated that Greene's name was at that time on a certificate from the Civil Service Commission but had not been considered three times, and that the question of Greene's health would receive careful consideration by the postmaster in connection with considering him for appointment. The following is taken from the report of Chief Investigator LeRay, who investigated the complaint of Greene for the Civil Service Commission: The matter of this appellant's physical condition was discussed with Dr. Ernest L. Mock, medical director of the tenth civil service region, who stated that his file disclosed that on approximately October 17, 1946, Mr. Greene had blood pressure of 190/120, whereas the requirement for appointment to the position of substitute clerk requires a blood pressure of not more than 160/100. On approximately February 17, 1947, Dr. Mock received a communication from the Veterans' Administration indicating the complainant's blood pressure was 120/120. This blood pressure appeared to be an error to Dr. Mock who consulted the Veterans' Administration, where the appellant had been receiving treatment, and the Veterans' Administration reported that their last record indicated the appellant's blood pressure to be approximately 180/120. Greene's name was certified for appointment on civil service certificates as follows: Certificate No. 10, dated March 11, 1947 Certificate No. 11, dated March 26, 1947 Greene was not selected for appointment on either consideration and, having been considered three times, he was eliminated from further consideration. COMPLAINANT PAUL M. SAIZAN Paul M. Saizan, residing at 1725 Urquhart Street, New Orleans, La., passed a civil-service examination for clerk-carrier in the New Orleans post office on August 23, 1946, receiving a rating of 81.6. Saizan is a 10-point veteran of World War II, having served in the United States Army approximately 2 years and 3 months. He was seriously wounded by a mine explosion in the Italian campaign and he has a 40 percent disability rating. Saizan was certified for appointment as a substitute clerk in the New Orleans post office on civil-service certificate No. 2, dated November 2, 1946. He was not selected for appointment. COMPLAINANT NATHAN N. JOHNSON Nathan N. Johnson, residing at 1132 South Genois Street, New Orleans, La., passed civil-service examination for clerk-carrier in the New Orleans post office on August 23, 1946, receiving a rating of 85.4. Johnson served in the United States merchant marine from December 1940 to February 1944. He also served in the New Orleans post office as temporary clerk from August to October 1944, having resigned due to illness which he claims to have incurred while serving in the merchant marine. Johnson was certified for appointment as substitute clerk on civilservice certificate No. 8, dated February 20, 1947, and was not selected for appointment. COMPLAINANT EDWARD E. MEGGS Edward E. Meggs, residing at 3945 Erato Street, New Orleans, La., passed a civil-service examination for clerk-carrier in the New Orleans post office on August 23, 1946, receiving a rating of 88.2. Meggs served in the United States Army 46 months, was honorably discharged and, therefore, as a veteran of World War II, is entitled to the benefits of the Veterans' Preference Act of 1944. Meggs was certified for appointment as substitute clerk on civilservice certificate No. 6, dated February 1, 1947. The postmaster refused to select him for appointment. THE MEMPHIS, TENN., POST OFFICE Allegations were made that Negroes were denied appointment to the position of clerk in the Memphis post office and, for a long period of time, they were denied appointment to the position of carrier. Also, that those Negroes who were in the service were denied promotions, upgrading, and advancement and their seniority rights under regulations were denied them. They further alleged that they were subjected to harassment and persecution in their employment for various reasons and were demerited, demoted, reassigned, and dismissed from the service with the least provocation. Allegations were made by white employees that discriminatory practices were employed in promotions and assignments based upon favoritism and political considerations. Approximately 175 witnesses were interviewed, including representatives of service organizations, religious and civic leaders, heads of educational institutions, heads of Federal agencies, employees and former employees, and officials of the city administration. The postmaster at Memphis, at the time of the investigation, was Mr. H. C. McKellar, now retired, who served as postmaster for 15 years. Mr. McKellar was in the postal service for a short period prior to his appointment as postmaster, serving at the time of his appointment as assistant postmaster. Conditions and practices complained of were in existence prior to the appointment of Mr. McKellar as postmaster. BIRMINGHAM, ALA., POST OFFICE The investigator reported the following from Birmingham, Ala.: No employment of Negro clerks. No Negroes used on business, parcel-post, or special-delivery routes. No Negro women used in the post office, except in positions as charwomen. Negroes are not considered for preferred assignments regardless of qualifications. Confiscation of jury subpena from Negro employee. Segregated swing rooms with facilities for Negroes being extremely inadequate. Fifteen postal stations with Negroes employed in only four. Special privileges shown white employees during extended periods of convalescence while the same is not shown Negro employees. Over 500 Christmas temporaries used during the 1947 season, of which less than 12 were Negro men and not 1 was a Negro woman. Mr. Joseph A. Walls, mail handler for 23 years, was refused an opportunity to take noncompetitive examination for promotion. DISCRIMINATION IN FEDERAL AGENCIES OTHER THAN THE POSTAL SERVICE IN NEW ORLEANS, LA. Examples of discrimination in New Orleans were further reported by the investigator, who asserted that In all the agencies combined, there are not a half-dozen clerical employees of the colored race. The appointing officer refuses to select them for appointment when certified, and hides behind the spurious "rule of three" as a camouflage for this discriminatory practice. As evidence of this policy, the cases of A, B, C, and D will be relied upon, all four being colored women. A was appointed as a result of a civil-service examination to the position of typist in Washington, D. C., on September 4, 1942. She qualified as a senior typist. She was thereafter transferred to Newark, N. J., and served until November 2, 1945, when she resigned and returned to her home in New Orleans, La. Throughout her service, her ratings were "excellent." On May 21, 1946, she passed a civil-service examination for typist, receiving a rating of 89.10 in New Orleans. On March 28, 1947, she passed another civil-service examination for clerk, receiving a rating of 76.00 in New Orleans. She was eligible for appointment on two different registers. On August 26, 1946, she received a temporary appointment, CAF-2, in the Office of the Army Finance Officer, War Department, and served until May 31, 1947, when she was displaced, reason given "reduction in force." She stated that she was not advised of her rights for reemployment under reduction-in-force procedure, as the regulations require, nor was she shown the retention register. Upon request, she was subsequently restored to the civil-service register. On July 17, 1946, she was certified for probationary appointment on certificate No. 97 to the Social Security Board, New Orleans, La., as a clerk-typist, CAF-2, $1,954 per annum. She was No. 2 on a certifi cate containing 10 names, all of whom declined. On August 13, 1946, she was certified for probationary appointment on certificate No. 97 to the Finance Officer, United States Army, New Orleans, La., as a clerk-typist, CAF-2, CÁF-3, or CAF-4. The certificate contained eligibles for 20 positions. She was No. 4 on a list of 40 names, the 3 above her being veterans. Of the 40 names on the certificate, 21 declined appointment and 7 failed to report, leaving only 12 persons remaining for the 20 positions. She was 1 of 12 selected for appointment and served until displaced by reduction in force. On November 13, 1947, she was certified for probationary appointment on certificate No. 3142-814 to the United States Naval Station, Algiers, La., as a typist or clerk-typist, CAF-1 or CAF-2. The request was for eligibles to fill nine positions. The certificate contained the names of 24 eligibles and A was No. 1 on the list. Of the 24 names certified for the 9 positions, 9 declined appointment and 11 failed to report, leaving only 4 names to fill 9 positions. Although A was No.1 on the certificate, she was not selected for appointment. She was interviewed by three different persons, who told her she was qualified but they were required to interview three people. She never heard any more from the certification. On October 30, 1947, A was certified for probationary appointment on certificate No. 4474, to the Public Building Administration, New Orleans, La., as a teletype operator, CAF-2, $1,954 per annum. Three names were certified and A was No. 1 on the list. The No. 2 eligible declined the appointment and the last eligible was selected for appointment. On December 11, 1947, A was certified for probationary appointment on certificate No. 4930 to the United States Naval Station, Algiers, La., as a clerk-typist, CAF-3, $2,168.28 per annum. There were 12 names on this certificate for 2 positions, A being No. 6 on the list. Although the regulations prohibit the requisitioning of eligibles from the Civil Service Commission unless a vacancy actually exists |