A-43055, JULY 12, 1932, 12 COMP. GEN. 21

A-43055: Jul 12, 1932

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ARE ENTITLED TO THEIR REGULAR RATE OF COMPENSATION (NOT . ALL EMPLOYEES IN THE GOVERNMENT PRINTING OFFICE ARE PAID FOR LEGAL HOLIDAYS UNDER THE ACT OF JANUARY 12. AT PRESENT PER DIEM EMPLOYEES WORKING ON A HOLIDAY ARE PAID PRICE AND ONE -HALF IN ADDITION TO THE HOLIDAY PAY ALLOWED BY LAW. THE QUESTION ARISES AS TO WHETHER THE PUBLIC PRINTER IS AUTHORIZED TO PAY TO PER DIEM EMPLOYEES WHO ARE REQUIRED TO WORK ON A HOLIDAY COMPENSATION FOR TIME WORKED ON SUCH DAY IN ADDITION TO PAY FOR THE HOLIDAY AND AT WHAT RATE. IS AGAINST A HIGHER RATE OF PAY FOR OVERTIME WORK AND "FOR WORK ON SUNDAYS AND HOLIDAYS.'. YOU ARE AUTHORIZED TO PAY PER DIEM EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WHO ARE REQUIRED TO WORK ON ONE OF THE HOLIDAYS MENTIONED IN THE ACT OF JANUARY 12.

A-43055, JULY 12, 1932, 12 COMP. GEN. 21

ECONOMY ACT - HOLIDAY PAY - GOVERNMENT PRINTING OFFICE UNDER THE PROVISIONS OF SECTION 211 (A) (1) OF THE ACT OF JUNE 30, 1932, 47 STAT. 406, PER DIEM EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE, FOR TIME WORKED ON ONE OF THE HOLIDAYS MENTIONED IN THE ACT OF JANUARY 12, 1895, 28 STAT. 607, ARE ENTITLED TO THEIR REGULAR RATE OF COMPENSATION (NOT ,PRICE AND ONE-HALF") IN ADDITION TO THEIR REGULAR RATE FOR THE HOLIDAY.

COMPTROLLER GENERAL MCCARL TO THE PUBLIC PRINTER, JULY 12, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JUNE 23, 1932, AS FOLLOWS:

REGARDING PAYMENT FOR HOLIDAY WORK IN THE GOVERNMENT PRINTING OFFICE, I ASK YOUR CONSIDERATION AND ADVICE ON THE FOLLOWING:

SECTION 211 (1) OF PART II OF THE LEGISLATIVE APPROPRIATION ACT FOR FISCAL YEAR 1933, IF AND WHEN IT BECOMES LAW, PROVIDES THAT---

"NO OFFICIAL OR EMPLOYEE OF THE GOVERNMENT SHALL BE ALLOWED OR PAID A HIGHER RATE OF COMPENSATION FOR OVERTIME WORK (EITHER DAY OR NIGHT), OR FOR WORK ON SUNDAYS AND HOLIDAYS.'

ALL EMPLOYEES IN THE GOVERNMENT PRINTING OFFICE ARE PAID FOR LEGAL HOLIDAYS UNDER THE ACT OF JANUARY 12, 1895, AS FOLLOWS---

"THE EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE SHALL BE ALLOWED THE FOLLOWING LEGAL HOLIDAYS WITH PAY, TO WIT: THE 1ST DAY OF JANUARY, THE 22D DAY OF FEBRUARY, THE 4TH DAY OF JULY, THE 25TH DAY OF DECEMBER, INAUGURATION DAY, MEMORIAL DAY, LABOR'S HOLIDAY, AND SUCH DAY AS MAY BE DESIGNATED BY THE PRESIDENT OF THE UNITED STATES AS A DAY OF PUBLIC FAST OR THANKSGIVING.' .S.C., TITLE 44, SEC. 44.)

AT PRESENT PER DIEM EMPLOYEES WORKING ON A HOLIDAY ARE PAID PRICE AND ONE -HALF IN ADDITION TO THE HOLIDAY PAY ALLOWED BY LAW.

THE QUESTION ARISES AS TO WHETHER THE PUBLIC PRINTER IS AUTHORIZED TO PAY TO PER DIEM EMPLOYEES WHO ARE REQUIRED TO WORK ON A HOLIDAY COMPENSATION FOR TIME WORKED ON SUCH DAY IN ADDITION TO PAY FOR THE HOLIDAY AND AT WHAT RATE.

THE ACT OF JANUARY 12, 1895, 28 STAT. 607, QUOTED IN YOUR SUBMISSION, MAKES AN ABSOLUTE GRANT TO EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE OF THEIR REGULAR RATE OF COMPENSATION FOR THE HOLIDAYS MENTIONED THEREIN WITHOUT PERFORMANCE OF ANY WORK ON SUCH HOLIDAYS. THE RESTRICTION ON THE RATE OF COMPENSATION CONTAINED IN SECTION 211 (1) OF THE ACT OF JUNE 30, 1932, PUBLIC, NO. 212, 47 STAT. 406, ALSO QUOTED IN YOUR SUBMISSION, IS AGAINST A HIGHER RATE OF PAY FOR OVERTIME WORK AND "FOR WORK ON SUNDAYS AND HOLIDAYS.' THE LATTER STATUTE DOES NOT SUPERSEDE NOR RENDER INOPERATIVE THE FORMER STATUTE, THERE BEING NO INCONSISTENCY OR CONFLICT BETWEEN THE TWO STATUTES COMING WITHIN THE TERMS OF SECTION 802 OF THE LATTER STATUTE.

ACCORDINGLY, YOU ARE AUTHORIZED TO PAY PER DIEM EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WHO ARE REQUIRED TO WORK ON ONE OF THE HOLIDAYS MENTIONED IN THE ACT OF JANUARY 12, 1895, FOR TIME WORKED ON SUCH DAY AT THEIR REGULAR RATE OF COMPENSATION (NOT "PRICE AND ONE HALF") IN ADDITION TO THE REGULAR PAY FOR THE HOLIDAY. HOWEVER, THERE WOULD APPEAR TO BE FOR CONSIDERATION IN THIS CONNECTION SECTION 211 (A) (3), WHICH READS:

IN SO FAR AS PRACTICABLE, OVERTIME WORK SHALL BE PERFORMED BY SUBSTITUTES OR UNEMPLOYED REGULARS IN LIEU OF PERSONS WHO HAVE PERFORMED A DAY'S WORK DURING THE DAY DURING WHICH THE OVERTIME WORK IS TO BE PERFORMED, AND WORK ON SUNDAYS AND HOLIDAYS SHALL BE PERFORMED BY SUBSTITUTES OR UNEMPLOYED REGULARS IN LIEU OF PERSONS WHO HAVE PERFORMED A WEEKS'S WORK DURING THE SAME WEEK.