A-26617, APRIL 5, 1929, 8 COMP. GEN. 526

A-26617: Apr 5, 1929

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COMPENSATION - HOLIDAYS - NAVY-YARD EMPLOYEES PERMANENT PER DIEM EMPLOYEES OF A NAVY YARD ARE ENTITLED TO PAY FOR FEBRUARY 22. 1929: I HAVE YOUR LETTER OF MARCH 26. ARE ENTITLED TO PAY FOR FEBRUARY 22. IT APPEARS THAT THE EMPLOYEES IN QUESTION ARE A PART OF THE PERMANENT PER DIEM FORCE OF THE BOSTON NAVY YARD. WERE NOT PERMITTED TO WORK AGAIN UNTIL FEBRUARY 25. THEY DID NOT WORK THE REMAINDER OF THE DAY BEFORE THE HOLIDAY OR THE DAY AFTER THE HOLIDAY BECAUSE THE SPECIFIC WORK UPON WHICH THEY COULD BE ASSIGNED WAS SUSPENDED. THE PROVISIONS OF THIS LAW AND RELATED STATUTES ARE FOR THE BENEFIT OF PER DIEM EMPLOYEES AND THE PER DIEM EMPLOYEE HAS BEEN DEFINED AS "ONE WHO IS EMPLOYED BY THE DAY AND PAID A CERTAIN SUM AS A DAY'S WAGES.

A-26617, APRIL 5, 1929, 8 COMP. GEN. 526

COMPENSATION - HOLIDAYS - NAVY-YARD EMPLOYEES PERMANENT PER DIEM EMPLOYEES OF A NAVY YARD ARE ENTITLED TO PAY FOR FEBRUARY 22, WHEN THEY WORKED ONLY PART OF THE DAY ON FEBRUARY 21, AND DID NOT WORK THEREAFTER UNTIL FEBRUARY 25, DUE TO SUSPENSION OF THE SPECIFIC WORK TO WHICH THEY COULD BE ASSIGNED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, APRIL 5, 1929:

I HAVE YOUR LETTER OF MARCH 26, 1929, REQUESTING TO BE ADVISED WHETHER CERTAIN CIVILIAN EMPLOYEES OF THE NAVY YARD AT BOSTON, MASS., ARE ENTITLED TO PAY FOR FEBRUARY 22, 1929, UNDER THE CONDITIONS AFFECTING THEIR EMPLOYMENT THE DAY PRECEDING AND THE DAY FOLLOWING FEBRUARY 22, 1929.

IT APPEARS THAT THE EMPLOYEES IN QUESTION ARE A PART OF THE PERMANENT PER DIEM FORCE OF THE BOSTON NAVY YARD; THAT THEY WORKED 2 HOURS ON FEBRUARY 21, 1929, FROM 8 TO 10 A.M., AND WERE NOT PERMITTED TO WORK AGAIN UNTIL FEBRUARY 25, 1929. THEY DID NOT WORK THE REMAINDER OF THE DAY BEFORE THE HOLIDAY OR THE DAY AFTER THE HOLIDAY BECAUSE THE SPECIFIC WORK UPON WHICH THEY COULD BE ASSIGNED WAS SUSPENDED.

JOINT RESOLUTION OF JANUARY 6, 1885, 23 STAT. 516, PROVIDES:

THAT THE EMPLOYEES OF THE NAVY YARD, GOVERNMENT PRINTING OFFICE, BUREAU OF PRINTING AND ENGRAVING, AND ALL OTHER PER DIEM EMPLOYEES OF THE GOVERNMENT ON DUTY AT WASHINGTON, OR ELSEWHERE IN THE UNITED STATES, SHALL BE ALLOWED THE FOLLOWING HOLIDAYS, TO WIT: THE FIRST DAY OF JANUARY, THE TWENTY-SECOND DAY OF FEBRUARY, THE FOURTH DAY OF JULY, THE TWENTY-FIFTH DAY OF DECEMBER, AND SUCH DAYS AS MAY BE DESIGNATED BY THE PRESIDENT AS DAYS FOR NATIONAL THANKSGIVING, AND SHALL RECEIVE THE SAME PAY AS ON OTHER DAYS.

THE PROVISIONS OF THIS LAW AND RELATED STATUTES ARE FOR THE BENEFIT OF PER DIEM EMPLOYEES AND THE PER DIEM EMPLOYEE HAS BEEN DEFINED AS "ONE WHO IS EMPLOYED BY THE DAY AND PAID A CERTAIN SUM AS A DAY'S WAGES; " 8 COMP. DEC. 235. CLEARLY THE STATUTE WAS DESIGNED FOR THE BENEFIT OF EMPLOYEES SUCH AS THOSE HEREIN MENTIONED. SEE 26 COMP. DEC. 537 AND THE DECISIONS THEREIN CITED.

YOU ARE ADVISED THAT THE EMPLOYEES IN QUESTION ARE ENTITLED TO BE PAID FOR FEBRUARY 22, 1929, AT THEIR REGULAR RATE OF PAY.