A-35758, MARCH 20, 1931, 10 COMP. GEN. 424

A-35758: Mar 20, 1931

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REMAINS APPLICABLE TO THE EMPLOYEES OF THE INTERIOR DEPARTMENT IN THE FIELD WHO WERE EXCLUDED FROM THE BENEFITS OF THE ACT OF MARCH 3. UNDER PREVIOUS PRACTICE IT WAS NOT CUSTOMARY TO ALLOW SATURDAY HALF HOLIDAYS TO CERTAIN EMPLOYEES ENGAGED IN ACTUAL FIELD WORK OF THE NATIONAL PARK SERVICE THE RECLAMATION SERVICE. EMPLOYEES WHO WERE EXPRESSLY EXCLUDED FROM THE PURVIEW OF THE ACT WOULD REMAIN IN THE SAME STATUS THAT THEY WERE IN PRIOR TO THE PASSAGE OF THE ACT WITH RESPECT TO SATURDAY HALF HOLIDAYS. THE STATUTE IS BENEFICIAL. PROVIDED AS FOLLOWS: IT IS HEREBY ORDERED THAT FROM THE FIRST SATURDAY OF JUNE TO THE LAST SATURDAY OF SEPTEMBER. ARE HEREBY REVOKED. YOU ARE ADVISED THAT THIS EXECUTIVE ORDER WILL BE APPLICABLE TO THE EMPLOYEES OF THE INTERIOR DEPARTMENT IN THE FIELD WHO WERE EXCLUDED FROM THE BENEFITS OF THE ACT OF MARCH 3.

A-35758, MARCH 20, 1931, 10 COMP. GEN. 424

SATURDAY HALF HOLIDAYS - INTERIOR DEPARTMENT FIELD EMPLOYEES THE EXECUTIVE ORDER NO 4644, DATED MAY 9, 1927, PROVIDING THAT FOUR HOURS, EXCLUSIVE OF TIME FOR LUNCHEON, SHALL CONSTITUTE A DAY'S WORK ON SATURDAYS FROM JUNE TO SEPTEMBER, INCLUSIVE, OF EACH YEAR, REMAINS APPLICABLE TO THE EMPLOYEES OF THE INTERIOR DEPARTMENT IN THE FIELD WHO WERE EXCLUDED FROM THE BENEFITS OF THE ACT OF MARCH 3, 1931, 46 STAT. 1482, UNLESS AND UNTIL THE EXECUTIVE ORDER HAS BEEN MODIFIED OR RESCINDED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, MARCH 20, 1931:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF MARCH 12, 1931, AS FOLLOWS:

THE ACT APPROVED MARCH 3, 1931, PROVIDING FOR SATURDAY HALF-HOLIDAYS FOR CERTAIN GOVERNMENT EMPLOYEES THROUGHOUT THE YEAR EXCEPTS EMPLOYEES OF THE INTERIOR DEPARTMENT IN THE FIELD. THE QUESTION ARISES WHETHER THE USUAL SATURDAY HALF HOLIDAYS DURING THE FOUR SUMMER MONTHS HERETOFORE GRANTED BY EXECUTIVE ORDER MAY BE ALLOWED THE FIELD EMPLOYEES OF THE DEPARTMENT UNDER THE NEW LAW IN LIKE MANNER. THE EXCEPTION WORKS A HARDSHIP PARTICULARLY WITH SOME OF THE LARGER FIELD OFFICES, SUCH AS THE RECLAMATION ENGINEER OFFICER AT DENVER; THE FIELD HEADQUARTERS OF THE NATIONAL PARK SERVICE AT SAN FRANCISCO AND BERKELEY, CALIFORNIA; THE HOT SPRINGS NATIONAL PARK; AND THE LOCAL LAND OFFICES IN THE VARIOUS CITIES. UNDER PREVIOUS PRACTICE IT WAS NOT CUSTOMARY TO ALLOW SATURDAY HALF HOLIDAYS TO CERTAIN EMPLOYEES ENGAGED IN ACTUAL FIELD WORK OF THE NATIONAL PARK SERVICE THE RECLAMATION SERVICE, GEOLOGICAL SURVEY, AND THE GENERAL LAND OFFICE FIELD AGENTS, AND IT WOULD NOT BE EXPECTED THAT ANY NEW ORDER WOULD APPLY TO THEM.

I AM ENCLOSING COPY OF TELEGRAM FROM OUR CHIEF ENGINEER AT DENVER WHICH EXPRESSES HIS VIEWS AND THE SAME REASONS ADVANCED BY HIM APPLY TO A NUMBER OF OTHER SERVICES IN THE DEPARTMENT.

THE ACT OF MARCH 3, 1931, 47 STAT. 1482, ENTITLED "PROVIDING FOR SATURDAY HALF HOLIDAYS FOR CERTAIN GOVERNMENT EMPLOYEES," EXPRESSLY EXCLUDED "EMPLOYEES OF THE INTERIOR DEPARTMENT IN THE FIELD," AND ALSO CONTAINS THE FOLLOWING PROVISO:

PROVIDED FURTHER, THAT THE PROVISIONS OF THIS ACT SHALL NOT DEPRIVE ANY EMPLOYEES OF ANY LEAVE OR HOLIDAYS WITH PAY TO WHICH THEY MAY NOW BE ENTITLED UNDER EXISTING LAWS.

EMPLOYEES WHO WERE EXPRESSLY EXCLUDED FROM THE PURVIEW OF THE ACT WOULD REMAIN IN THE SAME STATUS THAT THEY WERE IN PRIOR TO THE PASSAGE OF THE ACT WITH RESPECT TO SATURDAY HALF HOLIDAYS. THE STATUTE IS BENEFICIAL, NOT RESTRICTIVE.

EXECUTIVE ORDER NO. 4644, DATED MAY 9, 1927, PROVIDED AS FOLLOWS:

IT IS HEREBY ORDERED THAT FROM THE FIRST SATURDAY OF JUNE TO THE LAST SATURDAY OF SEPTEMBER, BOTH INCLUSIVE, OF EACH YEAR UNTIL FURTHER NOTICE, FOUR HOURS, EXCLUSIVE OF TIME FOR LUNCHEON, SHALL CONSTITUTE A DAYS WORK ON SATURDAYS FOR ALL CLERKS AND OTHER EMPLOYEES OF THE FEDERAL GOVERNMENT, WHEREVER EMPLOYED; AND ALL EXECUTIVE OR OTHER ORDERS IN CONFLICT HEREWITH, EXCEPT THE EXECUTIVE ORDER OF APRIL 4, 1908, RELATING TO CERTAIN NAVAL STATIONS, ARE HEREBY REVOKED.

PROVIDED, HOWEVER, THAT THIS ORDER SHALL NOT APPLY TO ANY BUREAU OR OFFICE OF THE GOVERNMENT, OR TO ANY OF THE CLERKS OR OTHER EMPLOYEES THEREOF, THAT MAY FOR SPECIAL PUBLIC REASONS BE EXCEPTED THEREFROM BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT HAVING SUPERVISION OR CONTROL OF SUCH BUREAU OR OFFICE, OR WHERE THE SAME WOULD BE INCONSISTENT WITH THE PROVISIONS OF EXISTING LAW.

YOU ARE ADVISED THAT THIS EXECUTIVE ORDER WILL BE APPLICABLE TO THE EMPLOYEES OF THE INTERIOR DEPARTMENT IN THE FIELD WHO WERE EXCLUDED FROM THE BENEFITS OF THE ACT OF MARCH 3, 1931, UNLESS AND UNTIL THE SAME HAS BEEN MODIFIED OR RESCINDED.