A-19946, OCTOBER 21, 1927, 7 COMP. GEN. 278

A-19946: Oct 21, 1927

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THE ACTION OF THE EXECUTIVE OFFICER OF THE ARLINGTON MEMORIAL BRIDGE COMMISSION IN IMPOSING THE PRESCRIBED PENALTY AGAINST THE CONTRACTOR FOR VIOLATION OF THE EIGHT-HOUR-LAW PROVISION OF ITS CONTRACT IS VESTED. INASMUCH AS THE CONTRACTS FOR WORK UPON THE BRIDGE ARE MADE BY SAID COMMISSION. WHETHER THE VIOLATION OF THIS PROVISION IS BY THE CONTRACTOR OR ANY SUBCONTRACTOR.'. IN ACCORDANCE WITH THIS PROVISION THE CONTRACTOR WAS NOTIFIED ON AUGUST 8TH. COPIES OF THE CORRESPONDENCE ARE INCLOSED HEREWITH. THE MUD IN THE INTERIOR OF THE COFFERDAM IS EXCAVATED. WOODEN BRACING IS PUT IN PLACE. THE COFFERDAM IS THEN PUMPED OUT. AFTER WHICH THE BOTTOM IS THOROUGHLY CLEANED OFF AND THE SEALING COURSE OF CONCRETE POURED.

A-19946, OCTOBER 21, 1927, 7 COMP. GEN. 278

CONTRACTS - EIGHT-HOUR LAW - ARLINGTON MEMORIAL BRIDGE COMMISSION WHERE A CONTRACT FOR WORK UPON THE ARLINGTON MEMORIAL BRIDGE CONTAINS A PROVISION PROHIBITING THE EMPLOYMENT OF LABORERS OR MECHANICS FOR MORE THAN EIGHT HOURS IN ANY ONE CALENDAR DAY, EXCEPT IN CASE OF EXTRAORDINARY EMERGENCY, AND THE EXECUTIVE OFFICER OF THE ARLINGTON MEMORIAL BRIDGE COMMISSION IMPOSES THE PENALTY PROVIDED THEREIN AGAINST THE CONTRACTOR FOR VIOLATION OF SUCH EIGHT-HOUR PROVISION, THE AMOUNT OF THE PENALTY SO IMPOSED MUST BE WITHHELD FROM THE MONEYS DUE UNDER THE CONTRACT, IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF JUNE 19, 1912, 37 STAT. 137. THE POWER TO REVIEW, ON APPEAL, THE ACTION OF THE EXECUTIVE OFFICER OF THE ARLINGTON MEMORIAL BRIDGE COMMISSION IN IMPOSING THE PRESCRIBED PENALTY AGAINST THE CONTRACTOR FOR VIOLATION OF THE EIGHT-HOUR-LAW PROVISION OF ITS CONTRACT IS VESTED, UNDER THE ACT OF JUNE 19, 1912, 37 STAT. 137, IN THE ARLINGTON MEMORIAL BRIDGE COMMISSION, INASMUCH AS THE CONTRACTS FOR WORK UPON THE BRIDGE ARE MADE BY SAID COMMISSION.

COMPTROLLER GENERAL MCCARL TO LIEUT.COL. U. S. GRANT, 3D, EXECUTIVE AND DISBURSING OFFICER, ARLINGTON MEMORIAL BRIDGE COMMISSION, OCTOBER 21, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 12, 1927, REQUESTING DECISION OF A QUESTION PRESENTED AS FOLLOWS:

ON AUGUST 2ND, 1927, H. P. CONVERSE AND COMPANY, CONTRACTOR FOR CONSTRUCTING PIERS AND ABUTMENTS FOR THE ARLINGTON MEMORIAL BRIDGE, WORKED TWENTY-FIVE MEN FOR A LONGER PERIOD THAN EIGHT HOURS, IN CONNECTION WITH THE STOPPAGE OF A "BLOW" OR SERIOUS LEAK UNDER A COFFERDAM AND THE PREPARATION OF THE BOTTOM OF THE COFFERDAM FOR POURING THE SEALING COURSE OF CONCRETE.

ARTICLE 16 OF THE CONTRACT BETWEEN H. P. CONVERSE AND COMPANY AND THE UNITED STATES (A.M.B. 1.) PROVIDES THAT FOR EACH VIOLATION OF THE EIGHT- HOUR LAW OF JUNE 19TH, 1912,"A PENALTY OF FIVE DOLLARS SHALL BE IMPOSED FOR EACH LABORER OR MECHANIC FOR EVERY CALENDAR DAY IN WHICH HE SHALL BE REQUIRED OR PERMITTED TO LABOR MORE THAN EIGHT HOURS UPON SAID WORK, AND THE AMOUNT OF ANY SUCH PENALTIES SHALL BE WITHHELD FOR THE USE AND BENEFIT OF THE UNITED STATES FROM ANY MONEYS BECOMING DUE UNDER THE CONTRACT, WHETHER THE VIOLATION OF THIS PROVISION IS BY THE CONTRACTOR OR ANY SUBCONTRACTOR.' IN ACCORDANCE WITH THIS PROVISION THE CONTRACTOR WAS NOTIFIED ON AUGUST 8TH, 1927, THAT IT WOULD BE NECESSARY TO DEDUCT FIVE DOLLARS FOR EACH LABORER WHO HAD WORKED MORE THAN EIGHT HOURS ON THE DAY IN QUESTION.

THE CONTRACTOR, ON SEPTEMBER 2ND, 1927, PROTESTED THIS DEDUCTION, ON THE GROUND THAT AN EMERGENCY EXISTED WHICH MADE NECESSARY THE WORKING OF THE CREW MORE THAN EIGHT HOURS. COPIES OF THE CORRESPONDENCE ARE INCLOSED HEREWITH.

THE METHOD ADOPTED BY THE CONTRACTOR, WITH THE APPROVAL OF THIS OFFICE, FOR FOUNDING THE PIERS AND ABUTMENTS ON THE SOLID ROCK AT THE BOTTOM OF THE RIVER INVOLVES THE CONSTRUCTION FOR EACH PIER AND ABUTMENT OF A RECTANGULAR COFFERDAM CONSISTING OF INTERLOCKING STEEL SHEET PILES DRIVEN THROUGH THE MUD TO THE ROCK. THE MUD IN THE INTERIOR OF THE COFFERDAM IS EXCAVATED, WOODEN BRACING IS PUT IN PLACE, AND THE COFFERDAM IS THEN PUMPED OUT, AFTER WHICH THE BOTTOM IS THOROUGHLY CLEANED OFF AND THE SEALING COURSE OF CONCRETE POURED. DUE TO THE IRREGULARITY OF THE ROCK SURFACE, IT IS VERY DIFFICULT TO OBTAIN A TIGHT SEAL BETWEEN THE BOTTOM OF THE PILES AND THE ROCK, AND AS THE COFFERDAM IS PUMPED OUT, WITH A CORRESPONDING INCREASE IN THE WATER PRESSURE ON THE OUTSIDE,"BLOWS" ARE LIKELY TO OCCUR THE SERIOUSNESS OF WHICH DEPENDS UPON THE DIFFERENCE IN THE WATER LEVELS INSIDE AND OUTSIDE THE COFFERDAM.

IN THE PRESENT CASE THE CONTRACTOR HAD COMPLETED PUMPING OUT THE COFFERDAM FOR ABUTMENT 4, UNCOVERING THE BOTTOM, ABOUT 37 FEET BELOW THE AVERAGE WATER LEVEL IN THE RIVER, WHERE A LARGE ,BLOW" DEVELOPED UNDER ONE CORNER OF THE COFFERDAM, THREATENING TO FLOOD IT AND THEREBY CAUSE A SERIOUS LOSS BOTH OF TIME AND MONEY. THE LEAK PROVED TO BE UNUSUALLY DIFFICULT TO STOP, AND THE CONTRACTOR CONSIDERED THAT IT WAS ESSENTIAL FOR THE SAFETY OF THE WORK TO PREPARE THE BOTTOM OF THE COFFERDAM TO RECEIVE THE SEALING COURSE OF CONCRETE AT THE EARLIEST POSSIBLE MOMENT IN ORDER TO PREVENT THE RECURRENCE OF THIS BLOW OR THE DEVELOPMENT OF OTHERS AND THE POSSIBLE LOSS OF THE COFFERDAM. AS HIS WORK IS ORGANIZED ON A ONE-SHIFT BASIS, OTHER MEN WERE NOT AT HAND, AND IT WAS NOT POSSIBLE IN THE TIME AVAILABLE TO ORGANIZE ANOTHER CREW OF MEN CAPABLE OF PERFORMING THE REQUIRED WORK. HE THEREFORE FOUND IT NECESSARY TO MEET THE EMERGENCY BY WORKING TWENTY-FIVE MEN FOR MORE THAN EIGHT HOURS TO MAKE THE BOTTOM READY TO RECEIVE THE CONCRETE SEALING COURSE THE NEXT DAY AND THUS INSURE THE SAFETY OF THE COFFERDAM. AS SEVEN OTHER COFFERDAMS HAD PREVIOUSLY BEEN COMPLETED WITHOUT ANY LARGE BLOWS, THE CONTRACTOR COULD NOT REASONABLY HAVE BEEN EXPECTED TO FORESEE THE OCCURRENCE OF THIS BLOW AND TO ORGANIZE BEFOREHAND A SECOND SHIFT TO TAKE CARE OF IT.

ON THE BASIS OF THE FACTS SET FORTH ABOVE, YOUR DECISION IS REQUESTED AS TO WHETHER THIS OFFICE SHOULD DEDUCT FROM MONEYS DUE THE CONTRACTOR THE SUM OF FIVE DOLLARS FOR EACH OF THE MEN WHO WORKED MORE THAN EIGHT HOURS, OR WHETHER THE CIRCUMSTANCES IN THIS CASE CONSTITUTED AN EMERGENCY WHICH WOULD JUSTIFY THE CONTRACTOR IN REQUIRING OVERTIME WORK.

IT APPEARS THAT ON APRIL 9, 1926, A CONTRACT WAS ENTERED INTO BETWEEN THE UNITED STATES AND THE H. P. CONVERSE AND CO. WHEREBY THE CONTRACTOR AGREED TO FURNISH ALL NECESSARY LABOR, MACHINERY, EQUIPMENT, AND MATERIAL, AND TO CONSTRUCT THEREWITH THE PIERS AND ABUTMENTS OF THE ARLINGTON MEMORIAL BRIDGE IN ACCORDANCE WITH THE SPECIFICATIONS AND DRAWINGS THEREFOR, WITHIN THE PERIOD OF TIME SPECIFIED, AND UPON THE TERMS THEREIN STIPULATED. THE CONTRACT PROVIDED:

ARTICLE 15, IN SO FAR AS THE ACT OF AUGUST 1, 1892, OR THE ACT OF MARCH 3, 1913, APPLIES, NO LABORER OR MECHANIC EMPLOYED BY THE CONTRACTOR OR BY ANY SUBCONTRACTOR ON THE WORK HEREIN SPECIFIED, AND NO PERSON EMPLOYED TO PERFORM SERVICES SIMILAR TO THOSE OF LABORERS AND MECHANICS WHILE DIRECTLY OPERATING DREDGING OR ROCK-EXCAVATING MACHINERY OR TOOLS ON THE WORK HEREIN SPECIFIED, SHALL BE PERMITTED OR REQUIRED TO WORK MORE THAN EIGHT HOURS IN ANY ONE CALENDAR DAY, EXCEPT IN CASE OF EXTRAORDINARY EMERGENCY.

ARTICLE 16. SUBJECT TO THE CONDITIONS ENUMERATED IN SECTION 2 OF THE EIGHT-HOUR LAW OF JUNE 19, 1912, NO LABORER OR MECHANIC DOING ANY PART OF THE WORK CONTEMPLATED BY THIS CONTRACT, IN THE EMPLOY OF THE CONTRACTOR OR ANY SUBCONTRACTOR CONTRACTING FOR ANY PART OF SAID WORK CONTEMPLATED, SHALL BE REQUIRED OR PERMITTED TO WORK MORE THAN EIGHT HOURS IN ANY ONE CALENDAR DAY UPON SUCH WORK. FOR EACH VIOLATION OF THIS PROVISION A PENALTY OF FIVE DOLLARS SHALL BE IMPOSED ON EACH LABORER OR MECHANIC FOR EVERY CALENDAR DAY IN WHICH HE SHALL BE REQUIRED OR PERMITTED TO LABOR MORE THAN EIGHT HOURS UPON SAID WORK, AND THE AMOUNT OF ANY SUCH PENALTIES SHALL BE WITHHELD FOR THE USE AND BENEFIT OF THE UNITED STATES FROM ANY MONEYS BECOMING DUE UNDER THIS CONTRACT WHETHER THE VIOLATION OF THIS PROVISION IS BY THE CONTRACTOR OR ANY SUBCONTRACTOR.

THE ACT OF JUNE 19, 1912, 37 STAT. 137, PROVIDES:

THAT EVERY CONTRACT HEREAFTER MADE TO WHICH THE UNITED STATES, ANY TERRITORY, OR THE DISTRICT OF COLUMBIA IS A PARTY, AND EVERY SUCH CONTRACT MADE FOR OR ON BEHALF OF THE UNITED STATES, OR ANY TERRITORY, OR SAID DISTRICT, WHICH MAY REQUIRE OR INVOLVE THE EMPLOYMENT OF LABORERS OR MECHANICS SHALL CONTAIN A PROVISION THAT NO LABORER OR MECHANIC DOING ANY PART OF THE WORK CONTEMPLATED BY THE CONTRACT, IN THE EMPLOY OF THE CONTRACTOR OR ANY SUBCONTRACTOR CONTRACTING FOR ANY PART OF SAID WORK CONTEMPLATED, SHALL BE REQUIRED OR PERMITTED TO WORK MORE THAN EIGHT HOURS IN ANY ONE CALENDAR DAY UPON SUCH WORK; AND EVERY SUCH CONTRACT SHALL STIPULATE A PENALTY FOR EACH VIOLATION OF SUCH PROVISION IN SUCH CONTRACTS OF FIVE DOLLARS FOR EACH LABORER OR MECHANIC FOR EVERY CALENDAR DAY IN WHICH HE SHALL BE REQUIRED OR PERMITTED TO LABOR MORE THAN EIGHT HOURS UPON SAID WORK; AND ANY OFFICER OR PERSON DESIGNATED AS INSPECTOR OF THE WORK TO BE PERFORMED UNDER ANY SUCH CONTRACT, OR TO AID IN ENFORCING THE FULFILLMENT THEREOF, SHALL, UPON OBSERVATION OR INVESTIGATION, FORTHWITH REPORT TO THE PROPER OFFICER OF THE UNITED STATES, OR OF ANY TERRITORY, OR OF THE DISTRICT OF COLUMBIA, ALL VIOLATIONS OF THE PROVISIONS OF THIS ACT DIRECTED TO BE MADE IN EVERY SUCH CONTRACT, TOGETHER WITH THE NAME OF EACH LABORER OR MECHANIC WHO HAS BEEN REQUIRED OR PERMITTED TO LABOR IN VIOLATION OF SUCH STIPULATION AND THE DAY OF SUCH VIOLATION, AND THE AMOUNT OF THE PENALTIES IMPOSED ACCORDING TO THE STIPULATION IN ANY SUCH CONTRACT SHALL BE DIRECTED TO BE WITHHELD FOR THE USE AND BENEFIT OF THE UNITED STATES, THE DISTRICT OF COLUMBIA, OR THE TERRITORY CONTRACTING BY THE OFFICER OR PERSON WHOSE DUTY IT SHALL BE TO APPROVE THE PAYMENT OF THE MONEYS DUE UNDER SUCH CONTRACT, WHETHER THE VIOLATION OF THE PROVISIONS OF SUCH CONTRACT IS BY THE CONTRACTOR OR ANY SUBCONTRACTOR. ANY CONTRACTOR OR SUBCONTRACTOR AGGRIEVED BY THE WITHHOLDING OF ANY PENALTY AS HEREINABOVE PROVIDED SHALL HAVE THE RIGHT WITHIN SIX MONTHS THEREAFTER TO APPEAL TO THE HEAD OF THE DEPARTMENT MAKING THE CONTRACT ON BEHALF OF THE UNITED STATES OR THE TERRITORY, AND IN THE CASE OF A CONTRACT MADE BY THE DISTRICT OF COLUMBIA TO THE COMMISSIONERS THEREOF, WHO SHALL HAVE POWER TO REVIEW THE ACTION IMPOSING THE PENALTY, AND IN ALL SUCH APPEALS FROM SUCH FINAL ORDER WHEREBY A CONTRACTOR OR SUBCONTRACTOR MAY BE AGGRIEVED BY THE IMPOSITION OF THE PENALTY HEREINBEFORE PROVIDED SUCH CONTRACTOR OR SUBCONTRACTOR MAY WITHIN SIX MONTHS AFTER DECISION BY SUCH HEAD OF A DEPARTMENT OR THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA FILE A CLAIM IN THE COURT OF CLAIMS, WHICH SHALL HAVE JURISDICTION TO HEAR AND DECIDE THE MATTER IN LIKE MANNER AS IN OTHER CASES BEFORE SAID COURT.

SEC. 2. * * * PROVIDED, THAT ALL CLASSES OF WORK WHICH HAVE BEEN, ARE NOW, OR MAY HEREAFTER BE PERFORMED BY THE GOVERNMENT SHALL, WHEN DONE BY CONTRACT, BY INDIVIDUALS, FIRMS, OR CORPORATIONS FOR OR ON BEHALF OF THE UNITED STATES OR ANY OF THE TERRITORIES OR THE DISTRICT OF COLUMBIA, BE PERFORMED IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SECTION ONE OF THIS ACT. * * * NO PENALTIES SHALL BE IMPOSED FOR ANY VIOLATION OF SUCH PROVISION IN SUCH CONTRACT DUE TO ANY EXTRAORDINARY EVENTS OR CONDITIONS OF MANUFACTURE, OR TO ANY EMERGENCY CAUSED BY FIRE, FAMINE, OR FLOOD, BY DANGER TO LIFE OR TO PROPERTY, OR BY OTHER EXTRAORDINARY EVENT OR CONDITION ON ACCOUNT OF WHICH THE PRESIDENT SHALL SUBSEQUENTLY DECLARE THE VIOLATION TO HAVE BEEN EXCUSABLE. * * *

THE PRESENT MATTER INVOLVES THE APPLICATION OF SECTION 1. THE OFFICER OR PERSON WHOSE DUTY IT IS TO APPROVE PAYMENT OF THE MONEYS DUE TO A CONTRACTOR IS REQUIRED BY THE QUOTED STATUTE TO WITHHOLD THEREFROM THE AMOUNT OF PENALTIES IMPOSED FOR ALL VIOLATIONS OF THE EIGHT-HOUR-LAW PROVISION OF THE CONTRACT. THE STATUTE IS MANDATORY RELATIVE TO THE WITHHOLDING OF THE AMOUNT OF PENALTIES SO IMPOSED FOR SUCH VIOLATIONS FROM MONEYS DUE THE CONTRACTOR. THE RIGHT TO REVIEW THE ACTION OF THE OFFICER OR PERSON WITHHOLDING THE AMOUNT OF SUCH PENALTIES IS VESTED BY SAID STATUTE IN THE HEAD OF THE DEPARTMENT MAKING THE CONTRACT.

THE ACT OF FEBRUARY 24, 1925, 43 STAT. 974, AUTHORIZED THE CONSTRUCTION OF THE ARLINGTON MEMORIAL BRIDGE ACROSS THE POTOMAC RIVER AND THAT THE PROJECT BE CARRIED OUT UNDER THE GENERAL SUPERVISION OF THE ARLINGTON MEMORIAL BRIDGE COMMISSION IN THE IMMEDIATE CHARGE OF THE EXECUTIVE OFFICER OF SAID COMMISSION. THE CONTRACT HERE INVOLVED PROVIDES THAT THE CONTRACTING OFFICER SHALL APPROVE PAYMENT OF THE MONEYS DUE TO THE CONTRACTOR IN ACCORDANCE WITH THE PROVISIONS THEREOF. THEREFORE HE IS REQUIRED BY THE ABOVE-QUOTED STATUTE AND BY THE PROVISIONS OF THE CONTRACT OF APRIL 9, 1926, SUPRA, TO IMPOSE UPON THE CONTRACTOR A PENALTY OF $5 FOR EACH OF ITS LABORERS OR MECHANICS EMPLOYED UPON THE CONSTRUCTION OF THE PIERS AND ABUTMENTS OF THE SAID BRIDGE WHO ARE REQUIRED OR PERMITTED TO WORK MORE THAN EIGHT HOURS IN ANY ONE CALENDAR DAY THEREON, EXCEPT IN CASE OF EXTRAORDINARY EMERGENCY, AND TO WITHHOLD FROM THE MONEYS DUE TO THE CONTRACTOR, FOR THE USE AND BENEFIT OF THE UNITED STATES, THE FULL AMOUNTS OF ANY SUCH PENALTIES SO IMPOSED.

IT APPEARS THAT ON AUGUST 2, 1927, THE CONTRACTOR WORKED 25 OF ITS EMPLOYEES FOR A LONGER PERIOD THAN EIGHT HOURS, IN CONNECTION WITH THE STOPPAGE OF A SERIOUS LEAK UNDER A COFFERDAM, INCIDENT TO THE WORK UNDER ITS CONTRACT, WHICH FACT WAS REPORTED TO THE COMMISSION BY THE CONTRACTOR ON AUGUST 3, 1927, AND REQUEST WAS MADE OF THE COMMISSION THAT THE OVERTIME WORK BE AUTHORIZED AS EXTRAORDINARY EMERGENCY WORK UNDER THE CONTRACT. THE QUESTION INVOLVED IS AS TO WHETHER THE EVENTS GIVING RISE TO THE OVERTIME WORK MAY BE REGARDED AS "EXTRAORDINARY EVENTS" WITHIN THE MEANING OF THE STATUTE SUPRA. THE EXECUTIVE OFFICER OF THE COMMISSION APPEARS TO HAVE DETERMINED SAID QUESTION IN THE NEGATIVE, INASMUCH AS ON AUGUST 8, 1927, HE INFORMED THE CONTRACTOR THAT:

* * * WHILE IT IS EVIDENTLY CONVENIENT AND DESIRABLE TO COMPLETE THE WORK ON WHICH THE GROUP OF MEN YOU REFER TO WAS ENGAGED, THE CIRCUMSTANCES WERE NOT SUCH AS TO MAKE THIS AN EXTRAORDINARY EMERGENCY AS DEFINED BY THE COURTS.

IN THIS CONNECTION YOUR ATTENTION IS INVITED TO ARTICLES 15 AND 16 OF YOUR CONTRACT WITH THIS OFFICE, IN COMPLIANCE WITH WHICH IT WILL BE NECESSARY TO DEDUCT FIVE DOLLARS FOR EACH LABORER OR MECHANIC FOR EVERY CALENDAR DAY IN WHICH HE LABORED MORE THAN EIGHT HOURS. * * *

THE CONTRACTOR, UNDER DATE OF SEPTEMBER 2, 1927, PROTESTED AGAINST THE ACTION OF THE EXECUTIVE OFFICER OF SAID COMMISSION IN THE MATTER AND REQUESTED REVIEW THEREOF. UNDER THE PROVISIONS OF THE ACT OF JUNE 19, 1912, SUPRA, THE CONTRACTOR HAS THE RIGHT TO APPEAL TO THE "HEAD OF THE DEPARTMENT MAKING THE CONTRACT" WITHIN SIX MONTHS AFTER THE WITHHOLDING OF SUCH IMPOSED PENALTIES FROM MONEYS DUE IT THEREUNDER, WHO IS VESTED WITH POWER TO REVIEW THE ACTION IMPOSING SAID PENALTIES. INASMUCH AS THE INVOLVED CONTRACT WAS MADE BY THE "ARLINGTON MEMORIAL BRIDGE COMMISSION," WHICH IS A "COMMISSION" CREATED BY LAW AND DULY AUTHORIZED TO EXECUTE SUCH CONTRACT, AND AS THE CONTRACTING OFFICER IS ALSO THE EXECUTIVE OFFICER OF SUCH COMMISSION, WHO IS IN CHARGE OF THE CONSTRUCTION OF THE ARLINGTON MEMORIAL BRIDGE UPON WHICH THE WORK CONTRACTED FOR IS BEING DONE, UPON AN APPEAL BY THE CONTRACTOR THE POWER TO REVIEW THE ACTION OF SAID EXECUTIVE OFFICER OF THE COMMISSION IN IMPOSING THE PENALTIES AGAINST THE CONTRACTOR FOR VIOLATION OF THE EIGHT-HOUR-LAW PROVISION OF ITS CONTRACT IS VESTED BY SAID ACT IN THE ARLINGTON MEMORIAL BRIDGE COMMISSION. THE SITUATION APPEARS TO BE SUCH THAT SHOULD THE COMMISSION FIND THAT THE OVERTIME WORK HERE IN QUESTION WAS MADE NECESSARY BY EXTRAORDINARY EVENTS AND THAT THE PRESCRIBED PENALTY SHOULD NOT BE DEDUCTED, THIS OFFICE WOULD NOT QUESTION SUCH ACTION.