A-55192, MAY 1, 1934, 13 COMP. GEN. 307

A-55192, MAY 1, 1934, 13 COMP. GEN. 307

COMPENSATION - 40-HOUR WEEK - BUREAU OF ENGRAVING AND PRINTING IN COMPUTING DEDUCTIONS FROM THE PER ANNUM COMPENSATION OF EMPLOYEES ON A 40-HOUR WEEK PURSUANT TO THE TERMS OF SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, NONWORK DAYS ARE TO BE REGARDED THE SAME AS SUNDAYS AND HOLIDAYS. IF THE HOURS OF LABOR OF EMPLOYEES OF THE BUREAU OF ENGRAVING AND PRINTING PAID FOR ON AN HOURLY BASIS UNDER THE TERMS OF THE CLASSIFICATION ACT, ARE LIMITED TO 40 HOURS PER WEEK ON 5 DAYS PER WEEK, THEY WOULD BE ENTITLED TO BE PAID ONLY FOR THE 40 HOURS WORKED AT THE REGULAR RATE PER HOUR AS FIXED BY THE CLASSIFICATION ACT, AS AMENDED. IT IS AN ADMINISTRATIVE MATTER TO DETERMINE WHICH SEVEN DAYS COMPOSE THE WEEK AS A BASIS FOR ESTABLISHING A 40-HOUR WEEK.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, MAY 1, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 24, 1934, AS FOLLOWS:

YOUR DECISION IS REQUESTED ON CERTAIN QUESTIONS ARISING IN THE OPERATION OF THE BUREAU OF ENGRAVING AND PRINTING IN CONNECTION WITH SECTION 23 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1935, WHICH PROVIDES AS FOLLOWS:

"THE WEEKLY COMPENSATION, MINUS ANY GENERAL PERCENTAGE REDUCTION WHICH MAY BE PRESCRIBED BY ACT OF CONGRESS, FOR THE SEVERAL TRADES AND OCCUPATIONS, WHICH IS SET BY WAGE BOARDS OR OTHER WAGE-FIXING AUTHORITIES, SHALL BE REESTABLISHED AND MAINTAINED AT RATES NOT LOWER THAN NECESSARY TO RESTORE THE FULL WEEKLY EARNINGS OF SUCH EMPLOYEES IN ACCORDANCE WITH THE FULL-TIME WEEKLY EARNINGS UNDER THE RESPECTIVE WAGE SCHEDULES IN EFFECT ON JUNE 1, 1932: PROVIDED, THAT THE REGULAR HOURS OF LABOR SHALL NOT BE MORE THAN FORTY PER WEEK; AND ALL OVERTIME SHALL BE COMPENSATED FOR AT THE RATE OF NOT LESS THAN TIME AND ONE HALF.'

THERE ARE 4,058 EMPLOYEES IN THE BUREAU. OF THIS NUMBER 769 BELONG TO THE SEVERAL TRADES AND OCCUPATIONS WHOSE WAGES ARE SET BY THE SECRETARY OF THE TREASURY, WHO IS A WAGE-FIXING AUTHORITY, AS CONTEMPLATED IN THE SECTION QUOTED, AND, THEREFORE, HAVE BEEN PLACED ON A REGULAR FORTY-HOUR WORK WEEK. SOME RATES ARE FIXED ON AN ANNUAL BASIS AND SOME ON A PER DIEM BASIS.

THE OTHER 3,289 EMPLOYEES ARE EMBRACED UNDER THE VARIOUS SERVICES OF THE CLASSIFICATION ACT, WHICH PRESCRIBES RATES OF COMPENSATION. IN THE CLERICAL-MECHANICAL SERVICES THE COMPENSATION IS AT HOURLY RATES AND IN THE OTHER SERVICES AT ANNUAL RATES.

THE QUESTIONS ARE:

1. IN DECISION OF APRIL 6, 1934, A-54736 TO THE PUBLIC PRINTER, THE WEEKLY WAGE FOR 48 HOURS OF PER DIEM WORKERS IS DIVIDED BY 40 TO OBTAIN THE HOUR RATE TO BE PAID FOR ALL TIME WORKED NOT IN EXCESS OF 40 IN ANY ONE WEEK, AND IN THE CASE OF PER ANNUM EMPLOYEES IT WAS STATED THAT "THE RATE OF COMPENSATION SHOULD REMAIN ON THE SAME ANNUAL BASIS.' IT IS NOT CLEAR AS TO WHAT IS TO BE PAID TO PER ANNUM EMPLOYEES WHO ARE ABSENT WITHOUT LEAVE DURING PART OF THE WORKING TIME. THE REGULAR TIME FOR THE 40-HOUR WEEK EMPLOYEES TO WORK IN APRIL 1934 IS FROM THE SECOND TO THE SIXTH, THE NINTH TO THE THIRTEENTH, THE SIXTEENTH TO THE TWENTIETH, THE TWENTY-THIRD TO THE TWENTY-SEVENTH, ALL DATES INCLUSIVE, AND ON THE THIRTIETH, A TOTAL OF TWENTY-ONE DAYS.

(A) IF AN EMPLOYEE AT AN ANNUAL SALARY RATE WERE ABSENT, WITHOUT LEAVE, FOR FIVE WORKING DAYS (ONE CALENDAR WEEK OF SEVEN DAYS) FROM THE NINTH TO THE THIRTEENTH INCLUSIVE, THUS WORKING SIXTEEN DAYS, SHOULD HE RECEIVE 25/30, 23/30, 16/21, OR ANY OTHER PORTION OF THE MONTH'S PAY?

(B) IF, ON THE OTHER HAND, HE WERE ABSENT FROM THE SIXTH TO THE NINTH, EMBRACING A PERIOD OF TWO WORK DAYS AND TWO NONWORK DAYS, A TOTAL OF FOUR DAYS, SHOULD HE RECEIVE 26/30, 28/30, 19/21, OR ANY OTHER PORTION OF THE MONTH'S PAY?

2. IN DECISION OF APRIL 12, 1934, A-54807 TO THE SECRETARY OF THE NAVY, IS THE FOLLOWING:

"HOWEVER, DEDUCTION IS NOT REQUIRED FROM PER ANNUM EMPLOYEES FOR DAYS ON WHICH NO SERVICES ARE RENDERED DUE TO THE CLOSING OF THE OFFICE, PLANT, OR ESTABLISHMENT FOR ADMINISTRATIVE REASONS. HENCE, IF IT BE DETERMINED ADMINISTRATIVELY TO CLOSE THE NAVY YARDS ON SATURDAY TO COMPLY WITH SAID SECTION 23 OF THE ACT OF MARCH 28, 1934, NO DEDUCTION NEED BE MADE FROM THE PER ANNUM COMPENSATION OF THOSE ADMINISTRATIVE EMPLOYEES AT THE YARDS IN GROUP 4-B, OR OTHER ADMINISTRATIVE EMPLOYEES NOT SUBJECT TO THE 40-HOUR WEEK PROVISION, FOR THE SATURDAYS ON WHICH THEY ARE PRECLUDED FROM WORKING SOLELY BECAUSE OF THE CLOSING OF THE YARDS.'

(A) IF IT BE DETERMINED ADMINISTRATIVELY TO BE DESIRABLE TO CLOSE THE BUREAU ON ALL SATURDAYS, WOULD THE 3,269 EMPLOYEES (PER ANNUM AND PER HOUR WORKERS) WHO ARE NOT SUBJECT TO THE 40-HOUR WEEK PROVISION BE SUBJECT TO A DEDUCTION IN PAY?

3. IT IS DESIRABLE TO USE THE CALENDAR WEEK AS THE BASIS TO PREPARE PAY ROLLS FOR THE 40-HOUR WEEK EMPLOYEES, COMMENCING WITH THE 8 A.M. TO 4 P.M. SHIFT OF EMPLOYEES.

(A) IS IT AN ADMINISTRATIVE MATTER TO DETERMINE WHICH SEVEN DAYS COMPOSE THE WEEK FOR THIS PURPOSE? IF NOT, AT WHAT HOUR AND ON WHICH DAY SHOULD THE WEEK START?

IN COMPUTING DEDUCTIONS FROM THE PER ANNUM COMPENSATION OF EMPLOYEES ON A 40-HOUR WEEK PURSUANT TO THE TERMS OF SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, THE NONWORK DAYS ARE TO BE REGARDED THE SAME AS SUNDAYS AND HOLIDAYS.

REFERRING TO QUESTION 1 (A), THE EMPLOYEE WOULD BE ENTITLED TO TWENTY- THREE THIRTIETHS OF THE MONTHLY PAY, AND REFERRING TO QUESTION 1 (B), THE EMPLOYEE WOULD BE ENTITLED TO TWENTY-SIX THIRTIETHS OF THE MONTHLY PAY.

REFERRING TO QUESTION 2 (A), THE PRINCIPLE STATED IN THE CITED DECISION OF APRIL 12, 1934, A-54807, 13 COMP. GEN. 277, TO THE SECRETARY OF THE NAVY, WOULD BE APPLICABLE ONLY TO THE PER ANNUM EMPLOYEES OF THE BUREAU OF ENGRAVING AND PRINTING. EMPLOYEES PAID ON AN HOURLY BASIS UNDER THE TERM OF THE CLASSIFICATION ACT HAVE BEEN PAID ONLY FOR THE TIME ACTUALLY IN A PAY STATUS, COUNTING 4 HOURS WORK ON SATURDAY AS A FULL DAY OF 8 HOURS. IF THEIR HOURS OF LABOR ARE LIMITED TO 40 PER WEEK ON 5 DAYS PER WEEK, THEY WOULD BE ENTITLED TO BE PAID ONLY FOR THE 40 HOURS WORKED AT THE REGULAR RATE PER HOUR AS FIXED BY THE CLASSIFICATION ACT AS AMENDED.

THE FIRST PART OF QUESTION 3 (A) IS ANSWERED IN THE AFFIRMATIVE. SEE DECISION OF APRIL 23, 1934, A-54736, 13 COMP. GEN. 295, TO THE PUBLIC PRINTER, ANSWER TO QUESTION 2.