B-83348, FEBRUARY 28, 1949, 28 COMP. GEN. 481

B-83348, FEBRUARY 28, 1949, 28 COMP. GEN. 481

SUNDAYS AND HOLIDAYS - JANUARY 21, 1949 - EMPLOYEES OF JUDICIAL BRANCH NOT SUBJECT TO CLASSIFICATION ACT ALTHOUGH THE JOINT RESOLUTION OF JANUARY 18, 1949, ESTABLISHED A HOLIDAY FOR ALL GOVERNMENT EMPLOYEES ON JANUARY 21, 1949, INCLUDING EMPLOYEES OF THE JUDICIAL BRANCH, IN THE METROPOLITAN AREA OF THE DISTRICT OF COLUMBIA, IT DID NOT EXTEND THE HOLIDAY PREMIUM PAY PROVISION OF SECTION 302 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, TO JUDICIAL EMPLOYEES NOT SUBJECT TO THE CLASSIFICATION ACT, SO THAT SUCH JUDICIAL EMPLOYEES WHO WORKED ON JANUARY 21, 1949, MAY NOT BE REGARDED AS ENTITLED TO PREMIUM PAY FOR WORK ON SUCH HOLIDAY.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, FEBRUARY 28, 1949:

REFERENCE IS MADE TO LETTER OF FEBRUARY 1, 1949, FROM THE ASSISTANT DIRECTOR, REQUESTING A DECISION AS TO WHETHER EMPLOYEES OF THE OFFICE OF THE CLERK OF THE DISTRICT COURT FOR THE DISTRICT OF COLUMBIA WHO WORKED ON JANUARY 21, 1949, ARE ENTITLED TO EXTRA OR HOLIDAY COMPENSATION.

IT APPEARS FROM THE SUBMISSION THAT, ON JANUARY 19, 1949, THE CLERK RECEIVED A MEMORANDUM FROM THE CHIEF JUDGE OF THE COURT, DIRECTED TO ALL OF THE JUDGES, STATING THAT CHIEF JUSTICE STEPHENS OF THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA HAD INFORMED THE CLERK OF THE COURT THAT HE DID NOT CONSTRUE THE JOINT RESOLUTION OF CONGRESS, PUBLIC LAW 1, APPROVED JANUARY 18, 49,"AS GRANTING A LEGAL HOLIDAY ON FRIDAY, JANUARY 21ST; " AND, ACCORDINGLY, THE CHIEF JUDGE INSTRUCTED THE CLERK TO KEEP HIS OFFICE OPEN WITH A SKELETON FORCE ON FRIDAY, JANUARY 21. IT IS URGED IN THE SUBMISSION THAT THE REFERRED-TO JOINT RESOLUTION WAS INTENDED TO PLACE ALL EMPLOYEES IN THE EXECUTIVE BRANCH OF THE GOVERNMENT WITH RESPECT TO DOUBLE COMPENSATION FOR SERVICE RENDERED ON HOLIDAYS.

PUBLIC LAW 1, APPROVED JANUARY 18, 1949, 63 STAT. 3, PROVIDES:

THAT THE SEVERAL EXECUTIVE DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND OTHER GOVERNMENTAL AGENCIES OF THE UNITED STATES, INCLUDING THE LEGISLATIVE AND JUDICIAL BRANCHES, AND OF THE DISTRICT OF COLUMBIA, IN THE METROPOLITAN AREA OF THE DISTRICT OF COLUMBIA SHALL BE CLOSED ALL DAY ON THURSDAY, JANUARY 20, 1949, INAUGURATION DAY, AND ON THE SUCCEEDING DAY, FRIDAY, JANUARY 21, 1949. ALL EMPLOYEES OF SUCH DEPARTMENTS, ESTABLISHMENTS, AND AGENCIES AND OF THE DISTRICT OF COLUMBIA IN SUCH AREA, EXCEPT THOSE WHO MAY FOR SPECIAL PUBLIC REASONS BE REQUIRED TO BE ON DUTY ON SUCH DAYS BY THE HEADS OF THEIR RESPECTIVE DEPARTMENTS, ESTABLISHMENTS, OR AGENCIES, SHALL BE EXCUSED FROM DUTY ON THOSE DAYS; AND SUCH DAYS SHALL BE CONSIDERED HOLIDAYS FOR THE PURPOSE OF ALL STATUTES RELATING TO THE COMPENSATION AND LEAVE OF EMPLOYEES OF THE UNITED STATES, AND OF THE DISTRICT OF COLUMBIA, EMPLOYED IN SUCH AREA. FOR THE PURPOSES OF THIS RESOLUTION, THE TERM ,METROPOLITAN AREA OF THE DISTRICT OF COLUMBIA" SHALL INCLUDE, IN ADDITION TO THE DISTRICT OF COLUMBIA, MONTGOMERY AND PRINCE GEORGES COUNTIES, MARYLAND, ARLINGTON AND FAIRFAX COUNTIES, VIRGINIA; AND THE CITY OF ALEXANDRIA, VIRGINIA.

EMPLOYEES OF THE JUDICIARY, WHO ARE NOT SUBJECT TO THE CLASSIFICATION ACT, ARE, BY VIRTUE OF THE PROVISIONS OF SECTION 101 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 295, EXCLUDED FROM THE PROVISIONS OF SECTION 302 OF THE SAID ACT, AS AMENDED BY SECTION 11 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946, 60 STAT. 218, GRANTING PREMIUM PAY FOR WORK PERFORMED ON A HOLIDAY, AND I KNOW OF NO STATUTORY PROVISION ENTITLING SUCH JUDICIARY EMPLOYEES TO EXTRA COMPENSATION FOR WORKING ON HOLIDAYS. WHILE THE JOINT RESOLUTION OF JANUARY 18, 1949, ESTABLISHED A HOLIDAY FOR ALL GOVERNMENT EMPLOYEES, INCLUDING EMPLOYEES OF THE JUDICIAL BRANCH, IN THE METROPOLITAN AREA OF THE DISTRICT OF COLUMBIA, IT DID NOT EXTEND THE STATUTORY PROVISION FOR HOLIDAY PAY TO JUDICIAL EMPLOYEES NOT SUBJECT TO THE CLASSIFICATION ACT, AND SUCH EXTENSION MAY NOT BE GRANTED BY CONSTRUCTION.