A-29317, NOVEMBER 11, 1929, 9 COMP. GEN. 200

A-29317: Nov 11, 1929

Additional Materials:

Contact:

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

 

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

COMPENSATION - EXTRA PAY FOR NIGHT WORK - RAILWAY POSTAL CLERKS A RAILWAY POSTAL CLERK WHO IS ORDERED TO DEADHEAD BACK OVER HIS RUN ON OFFICIAL BUSINESS IS NOT ENTITLED WHILE SO TRAVELING TO THE 10 PERCENT EXTRA PAY FOR NIGHT WORK AUTHORIZED BY THE ACT OF MAY 24. 1929: I HAVE YOUR LETTER OF OCTOBER 25. REQUESTING DECISION WHETHER A RAILWAY POSTAL CLERK WHO IS ORDERED TO DEADHEAD FROM HIS HOME AT CHARLOTTE. IS ENTITLED TO BE PAID THE 10 PERCENT EXTRA PAY FOR NIGHT WORK AUTHORIZED BY THE ACT OF MAY 24. 1928 * * * RAILWAY POSTAL CLERKS * * * WHO ARE REQUIRED TO PERFORM NIGHT WORK. THAT NIGHT WORK IS DEFINED AS ANY WORK DONE BETWEEN THE HOURS OF SIX O CLOCK POST MERIDIAN AND SIX O-CLOCK ANTEMERIDIAN.

A-29317, NOVEMBER 11, 1929, 9 COMP. GEN. 200

COMPENSATION - EXTRA PAY FOR NIGHT WORK - RAILWAY POSTAL CLERKS A RAILWAY POSTAL CLERK WHO IS ORDERED TO DEADHEAD BACK OVER HIS RUN ON OFFICIAL BUSINESS IS NOT ENTITLED WHILE SO TRAVELING TO THE 10 PERCENT EXTRA PAY FOR NIGHT WORK AUTHORIZED BY THE ACT OF MAY 24, 1928, 45 STAT. 725.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, NOVEMBER 11, 1929:

I HAVE YOUR LETTER OF OCTOBER 25, 1929, REQUESTING DECISION WHETHER A RAILWAY POSTAL CLERK WHO IS ORDERED TO DEADHEAD FROM HIS HOME AT CHARLOTTE, N.C., TO WASHINGTON, D.C., AND RETURN, IN CONNECTION WITH OFFICIAL BUSINESS, IS ENTITLED TO BE PAID THE 10 PERCENT EXTRA PAY FOR NIGHT WORK AUTHORIZED BY THE ACT OF MAY 24, 1928, 45 STAT. 725, WHICH PROVIDES AS FOLLOWS:

AFTER JULY 1, 1928 * * * RAILWAY POSTAL CLERKS * * * WHO ARE REQUIRED TO PERFORM NIGHT WORK, SHALL BE PAID EXTRA FOR SUCH WORK AT THE RATE OF 10 PERCENTUM OF THEIR HOURLY PAY PER HOUR: PROVIDED, THAT NIGHT WORK IS DEFINED AS ANY WORK DONE BETWEEN THE HOURS OF SIX O CLOCK POST MERIDIAN AND SIX O-CLOCK ANTEMERIDIAN.

IT SHOULD BE NOTED THAT THE 10 PERCENT EXTRA IS PAID FOR NIGHT WORK AND THAT NIGHT WORK IS DEFINED AS ANY WORK DONE BETWEEN 6 P.M. AND 6 A.M. IN THE CASE PRESENTED THE EMPLOYEE WAS ORDERED TO PROCEED FROM HIS HOME TO WASHINGTON AND RETURN, BUT HE DID NOT PERFORM ANY WORK ON EITHER JOURNEY. HE WAS IN A TRAVEL STATUS AND RECEIVED CREDIT FOR FULL TIME WHILE DEADHEADING UNDER ORDERS AS AUTHORIZED IN THE ACT OF APRIL 24, 1920, 41 STAT. 580, AND WAS ALSO PAID THE COST OF A BERTH IN A PULLMAN FOR EACH JOURNEY. SUCH A CASE DOES NOT COME WITHIN THE MEANING OF THE ACT OF MAY 24, 1928, SUPRA, WHICH WAS INTENDED TO PROVIDE AN ADDITIONAL ALLOWANCE FOR ACTUAL WORK AT NIGHT.

YOU ARE ADVISED THAT PAYMENT OF THE 10 PERCENT EXTRA FOR NIGHT WORK IS NOT AUTHORIZED UNDER THE CONDITIONS SHOWN IN THE CASE PRESENTED.