A-11134, NOVEMBER 3, 1925, 5 COMP. GEN. 321

A-11134: Nov 3, 1925

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ARE NOT ENTITLED TO ANY EXTRA PAY THEREFOR. 23 COMP. 1925: REVIEW WAS REQUESTED AUGUST 25. WHEREIN WAS DISALLOWED CREDIT FOR ITEMS AMOUNTING TO $15.26 IN THE ACCOUNTS OF R. THE ITEMS DISALLOWED WERE PAYMENTS TO PER DIEM EMPLOYEES OF THE ORDNANCE DEPARTMENT OF THE ARMY FOR WORK DONE AT CURTIS BAY. A TELEGRAM WAS RECEIVED AT THE CURTIS BAY DEPOT STATING THAT THE EXECUTIVE ORDER MAKING SATURDAY AFTERNOON A HALF HOLIDAY DURING THE SUMMER PERIOD HAD BEEN CHANGED BY THE PRESIDENT TO TAKE EFFECT THE SECOND SATURDAY IN JUNE OF EACH YEAR. THERE IS NO AUTHORITY FOR PAYMENT OF EXTRA PAY TO PER DIEM EMPLOYEES FOR WORK PERFORMED ON SATURDAY HALF HOLIDAYS FROM JUNE 15 TO SEPTEMBER 15 OF EACH YEAR. APPARENTLY THE RULE LAST MENTIONED WAS UNDERSTOOD TO AUTHORIZE PAYMENT OF OVERTIME FOR SATURDAY AFTERNOONS.

A-11134, NOVEMBER 3, 1925, 5 COMP. GEN. 321

COMPENSATION - SATURDAY AFTERNOONS - PER DIEM EMPLOYEES PER DIEM EMPLOYEES OF THE ORDNANCE DEPARTMENT OF THE ARMY WHO WORKED ON SATURDAY AFTERNOONS DURING THE PERIOD FROM THE SECOND SATURDAY IN JUNE TO THE SECOND SATURDAY IN SEPTEMBER, ARE NOT ENTITLED TO ANY EXTRA PAY THEREFOR. 23 COMP. DEC. 394; 24 ID. 100, DISTINGUISHED.

DECISION BY COMPTROLLER GENERAL MCCARL, NOVEMBER 3, 1925:

REVIEW WAS REQUESTED AUGUST 25, 1925, OF SETTLEMENT M-74006-W, DATED JULY 27, 1925, WHEREIN WAS DISALLOWED CREDIT FOR ITEMS AMOUNTING TO $15.26 IN THE ACCOUNTS OF R. S. OFFLEY.

THE ITEMS DISALLOWED WERE PAYMENTS TO PER DIEM EMPLOYEES OF THE ORDNANCE DEPARTMENT OF THE ARMY FOR WORK DONE AT CURTIS BAY, MD., ORDNANCE RESERVE DEPOT, AFTERNOON OF JUNE 14, 1924.

IT APPEARS THAT AT 12.55 P.M., ON JUNE 14, 1924, A TELEGRAM WAS RECEIVED AT THE CURTIS BAY DEPOT STATING THAT THE EXECUTIVE ORDER MAKING SATURDAY AFTERNOON A HALF HOLIDAY DURING THE SUMMER PERIOD HAD BEEN CHANGED BY THE PRESIDENT TO TAKE EFFECT THE SECOND SATURDAY IN JUNE OF EACH YEAR. THE TELEGRAM HAVING BEEN RECEIVED IN THE AFTERNOON, THE EMPLOYEES HAD PERFORMED ONE-HALF HOUR AND IN SOME CASES ONE HOUR OF WORK IN EXCESS OF THE FOUR HOURS WHICH CONSTITUTE A DAY'S WORK ON SATURDAY DURING THE SUMMER PERIOD, BEFORE THEY COULD BE DISMISSED.

ARMY REGULATIONS 35-3920 PROVIDE AS FOLLOWS:

4. (C) NO EXTRA PAY FOR WORK ON SATURDAY HALF HOLIDAYS. THERE IS NO AUTHORITY FOR PAYMENT OF EXTRA PAY TO PER DIEM EMPLOYEES FOR WORK PERFORMED ON SATURDAY HALF HOLIDAYS FROM JUNE 15 TO SEPTEMBER 15 OF EACH YEAR. MS. COMP. DEC. MARCH 30, 1917.

THE DECISION CITED IN THE ARMY REGULATIONS EMBODIES A CORRECT STATEMENT OF THE RULE WHICH HAS BEEN LAID DOWN IN NUMEROUS DECISIONS DEALING WITH VARIOUS SITUATIONS ARISING UNDER DIFFERENT EXECUTIVE ORDERS AND ADMINISTRATIVE REGULATIONS. SEE IN THIS CONNECTION DECISION OF MAY 10, 1924, A-2534, AND THE DECISIONS THEREIN CITED; ALSO 4 COMP. GEN. 198.

THE ARMY REGULATIONS CITED GOES ON IN PARAGRAPH 5 TO STATE THE RULE FOR COMPUTING OVERTIME PAY FOR PIECEWORKERS GENERALLY AS LAID DOWN IN 23 COMP. DEC. 394 AND ALSO THE RULE IN 24 COMP. DEC. 100 FOR DETERMINING THE RATES OF PAY FOR HOLIDAYS, SATURDAYS, AND PERIODS OF LEAVE OF ABSENCE WITH PAY OF PIECEWORKERS IN THE ORDNANCE DEPARTMENT WHOSE CONTRACT OF EMPLOYMENT PROVIDES FOR A PER DIEM RATE OF COMPENSATION WHEN NOT ACTUALLY ENGAGED ON PIECEWORK.

APPARENTLY THE RULE LAST MENTIONED WAS UNDERSTOOD TO AUTHORIZE PAYMENT OF OVERTIME FOR SATURDAY AFTERNOONS, BUT THE DECISION DID NOT SO HOLD AND IT WAS NOT SO INTENDED. IT WAS INTENDED MERELY TO STATE A RULE FOR COMPUTING THE OVERTIME PAY OF PIECEWORKERS IN THE ORDNANCE DEPARTMENT IF AND WHEN THEY ARE ENTITLED TO OVERTIME PAY, BUT IT WAS NOT INTENDED TO GIVE ANY RIGHT TO OVERTIME PAY THAT DID NOT PREVIOUSLY EXIST.

IF THE PAYING OFFICER HAD SUBMITTED THE QUESTION TO THIS OFFICE PREVIOUS TO MAKING PAYMENT, AS SHOULD BE DONE IN ALL DOUBTFUL CASES, DECISION COULD HAVE BEEN OBTAINED WHICH WOULD HAVE PREVENTED THE PAYMENTS AND THE CONSEQUENT NECESSITY FOR DISALLOWANCES. SUBPARAGRAPH (C) OF PARAGRAPH 4 OF ARMY REGULATIONS 35-3920 STATES THE CORRECT RULE GOVERNING THE PAYMENTS HEREIN CONSIDERED, AND ACCORDINGLY THE DISALLOWANCE OF SAID PAYMENTS MUST BE AND IS SUSTAINED.