A-43490, AUGUST 2, 1932, 12 COMP. GEN. 155

A-43490: Aug 2, 1932

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OF SUBSTITUTE RURAL LETTER CARRIERS WORKING FOR REGULAR RURAL LETTER CARRIERS WHOSE ANNUAL SALARY RATE BASED ON THE LENGTH OF THE ROUTE IS IN EXCESS OF $1. THE HOURLY RATE OF OVERTIME COMPENSATION OF POSTAL EMPLOYEES UNDER SECTION 211 OF THE ECONOMY ACT IS ONE-EIGHTH OF ONE DAY'S PAY BASED ON 306 DAYS PER ANNUM AS PRESCRIBED BY THE ACT OF FEBRUARY 28. BY AN EMPLOYEE WHOSE REGULAR TOUR OF DUTY OF 8 HOURS IS PRIOR TO 6 P.M. WHERE THE REGULAR TOUR OF DUTY OF 8 HOURS OF A POSTAL EMPLOYEE IS PARTLY DURING THE DAY AND PARTLY DURING THE NIGHT. IS PAYABLE FOR THAT PORTION OF THE REGULAR TOUR OF DUTY AFTER 6 P.M. THERE HAVE BEEN PRESENTED FOR CONSIDERATION A NUMBER OF QUESTIONS INVOLVING THE APPLICATION OF THE PROVISIONS OF THE ECONOMY ACT OF JUNE 30.

A-43490, AUGUST 2, 1932, 12 COMP. GEN. 155

ECONOMY ACT - POSTAL EMPLOYEES - SUBSTITUTES - OVERTIME AND NIGHT WORK THE ECONOMY ACT REQUIRES A DEDUCTION OF 8 1/3 PERCENT IN THE COMPENSATION OF ALL SUBSTITUTE POSTAL EMPLOYEES AT THE RATE OF 65 CENTS PER HOUR, THE PER ANNUM EQUIVALENT OF WHICH EXCEEDS $1,000, AND OF SUBSTITUTE RAILWAY POSTAL CLERKS PAID FOR SERVICES ACTUALLY PERFORMED AT THE RATE OF $1,850 PER ANNUM, AND OF SUBSTITUTE RURAL LETTER CARRIERS WORKING FOR REGULAR RURAL LETTER CARRIERS WHOSE ANNUAL SALARY RATE BASED ON THE LENGTH OF THE ROUTE IS IN EXCESS OF $1,000. THE HOURLY RATE OF OVERTIME COMPENSATION OF POSTAL EMPLOYEES UNDER SECTION 211 OF THE ECONOMY ACT IS ONE-EIGHTH OF ONE DAY'S PAY BASED ON 306 DAYS PER ANNUM AS PRESCRIBED BY THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1059. UNDER THE TERMS OF SECTION 211 OF THE ECONOMY ACT, ONE-HALF OF THE NIGHT DIFFERENTIAL AUTHORIZED BY ACT OF MAY 24, 1928, 45 STAT. 725, MAY NOT BE PAID FOR OVERTIME WORK PERFORMED AFTER 6 P.M. BY AN EMPLOYEE WHOSE REGULAR TOUR OF DUTY OF 8 HOURS IS PRIOR TO 6 P.M. WHERE THE REGULAR TOUR OF DUTY OF 8 HOURS OF A POSTAL EMPLOYEE IS PARTLY DURING THE DAY AND PARTLY DURING THE NIGHT, ONE-HALF OF THE NIGHT DIFFERENTIAL AUTHORIZED BY THE ACT OF MAY 24, 1928, 45 STAT. 725, IS PAYABLE FOR THAT PORTION OF THE REGULAR TOUR OF DUTY AFTER 6 P.M., AND ALSO FOR OVERTIME WORK PERFORMED AT NIGHT.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, AUGUST 2, 1932:

IN CONNECTION WITH THE AUDIT OF ACCOUNTS, THERE HAVE BEEN PRESENTED FOR CONSIDERATION A NUMBER OF QUESTIONS INVOLVING THE APPLICATION OF THE PROVISIONS OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 399, TO THE EMPLOYEES OF THE POSTAL SERVICE, WHICH ARE STATED AND ANSWERED AS FOLLOWS:

1. DO THE VARIOUS CLASSES OF SUBSTITUTE EMPLOYEES OF THE POSTAL SERVICE COME WITHIN THE PROVISIONS OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 399?

SECTION 101 (C) OF THE ECONOMY ACT PROVIDES AS FOLLOWS:

IF THE APPLICATION OF THE PROVISIONS OF SUBSECTIONS (A) AND (B) TO ANY OFFICER OR EMPLOYEE WOULD REDUCE HIS RATE OF COMPENSATION TO LESS THAN $1,000 PER ANNUM, SUCH PROVISIONS SHALL BE APPLIED TO HIM ONLY TO THE EXTENT NECESSARY TO REDUCE HIS RATE OF COMPENSATION TO $1,000 PER ANNUM.

SECTION 4 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1059, PROVIDES AS FOLLOWS:

THAT THE PAY OF SUBSTITUTE, TEMPORARY, OR AUXILIARY CLERKS AT FIRST AND SECOND CLASS POST OFFICES AND SUBSTITUTE LETTER CARRIERS IN THE CITY DELIVERY SERVICE SHALL BE AT THE RATE OF 65 CENTS PER HOUR: * * *

SECTION 7 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1062, PROVIDES AS FOLLOWS:

SUBSTITUTE RAILWAY POSTAL CLERKS SHALL BE PAID FOR SERVICES ACTUALLY PERFORMED AT THE RATE OF $1,850 PER ANNUM, * * *

THE ACT OF MARCH 2, 1907, 34 STAT. 1215, PROVIDES, AS FOLLOWS:

* * * THAT RURAL LETTER CARRIERS AFTER TWELVE MONTHS' SERVICE SHALL BE ALLOWED ANNUAL LEAVE WITH PAY NOT TO EXCEED FIFTEEN DAYS; THE SUBSTITUTES FOR CARRIERS ON VACATION TO BE PAID DURING SAID SERVICE AT THE RATE PAID THE CARRIER: * * *

IN DECISION OF NOVEMBER 19, 1928, 8 COMP. GEN. 261, 264, IT WAS HELD:

THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1059, PROVIDES THAT THE PAY OF SUBSTITUTE POSTAL CLERKS AT FIRST AND SECOND CLASS POST OFFICES SHALL BE AT THE RATE OF 65 CENTS PER HOUR. FOR COMPUTING OVERTIME AND EXTRA PAY FOR NIGHT WORK FOR POSTAL CLERKS, EXCEPT RAILWAY MAIL CLERKS, 306 DAYS PER ANNUM AND EIGHT HOURS PER DAY IS THE BASIS. SEE 7 COMP. GEN. 779. THEREFORE, THE SAME BASIS MAY BE TAKEN FOR COMPUTING THE PER ANNUM EQUIVALENT OF THE HOURLY RATE OF SUBSTITUTE POSTAL CLERKS, WHICH AMOUNTS TO $1,591.20 PER ANNUM. THIS RATE, TOGETHER WITH THE RATE OF $1,260 PER ANNUM RECEIVED AS A CLERK UNDER THE VETERANS' BUREAU, EXCEEDS THE PER ANNUM RATE OF $2,000, THE MAXIMUM AUTHORIZED BY LAW.

ACCORDINGLY, THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE AS TO ALL SUBSTITUTES WHOSE RATES OF COMPENSATION ARE FIXED UNDER THE ABOVE QUOTED STATUTE, IT APPEARING THEY RECEIVE A RATE OF COMPENSATION IN EXCESS OF $1,000 PER ANNUM, ALTHOUGH THE TOTAL AMOUNT RECEIVED DURING A YEAR MAY NOT EXCEED THAT AMOUNT. AS TO THOSE SUBSTITUTES EMPLOYED FOR REGULAR RURAL LETTER CARRIERS WHOSE ANNUAL RATE BASED ON THE LENGTH OF THE ROUTE IS NOT IN EXCESS OF $1,000 PER ANNUM, A PERCENTAGE REDUCTION REQUIRED BY THE ECONOMY ACT WOULD HAVE NO APPLICATION.

2. SHALL 8 1/3 PERCENT OF THE AMOUNT EARNED DURING EACH PAY PERIOD BE DEDUCTED UNDER THE PROVISIONS OF THIS ACT FROM THE PAY OF THE FOLLOWING CLASSES OF EMPLOYEES:

(A) SUBSTITUTE EMPLOYEES PAID AT AN HOURLY RATE?

(B)SUBSTITUTE RAILWAY POSTAL CLERKS PAID AT THE RATE OF $1,850 PER ANNUM?

(C) SUBSTITUTE AND TEMPORARY RURAL CARRIERS PAID AT A RATE OF PAY OF THE REGULAR CARRIER WHEN THAT RATE OF PAY IS MORE THAN $1,000 PER ANNUM, BUT SUCH REDUCTION NOT TO REDUCE THE RATE OF COMPENSATION BELOW $1,000 PER ANNUM, AS PROVIDED IN SECTION 105 (E/?

ALL THREE OF THESE QUESTIONS ARE ANSWERED IN THE AFFIRMATIVE. SEE SECTION 105 (D) (2), (5), AND (6) OF THE ECONOMY ACT.

3. THE TOUR OF DUTY OF AN EMPLOYEE IS FROM 10 A.M. TO 6 P.M., AND HE WORKS TILL 8 P.M.--- 2 HOURS OVERTIME.

(A) IS HE ENTITLED TO BE PAID 1/8 OF ONE DAY'S PAY FOR EACH HOUR OF OVERTIME SERVICE BASED ON THE NUMBER OF DAYS IN THE MONTH IN ACCORDANCE WITH THE ACT OF MARCH 4, 1911, 36 STAT. 1339?

(B) IS HE ENTITLED TO BE PAID 5 PERCENT EXTRA FOR NIGHT WORK FOR THE 2 HOURS OVERTIME HE WORKS AFTER 6 P.M.?

SECTION 211 (A) (1), (2) PROVIDES:

SEC. 211. (A) DURING THE FISCAL YEAR ENDING JUNE 30, 1933---

(1) NO OFFICER 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;

(2) WHEREVER BY OR UNDER AUTHORITY OF LAW COMPENSATION FOR NIGHT WORK (OTHER THAN OVERTIME) IS AT A HIGHER RATE THAN FOR DAY WORK, SUCH DIFFERENTIAL SHALL BE REDUCED BY ONE-HALF.

THE ACT OF MARCH 4, 1911, 36 STAT. 1339, PROVIDES, AS FOLLOWS:

* * * WHERE THE SALARY OR COMPENSATION OF ANY EMPLOYEE IN THE POSTAL SERVICE IS AT AN ANNUAL OR MONTHLY RATE, THE FOLLOWING RULES SHALL BE FOLLOWED IN COMPUTING THE AMOUNT DUE: AN ANNUAL SALARY OR COMPENSATION SHALL BE DIVIDED INTO TWELVE EQUAL INSTALLMENTS, ONE OF WHICH SHALL BE THE PAY FOR EACH CALENDAR MONTH; AND IN MAKING PAYMENT FOR A FRACTIONAL PART OF ANY CALENDAR MONTH THERE SHALL BE PAID SUCH PROPORTION OF ONE OF SUCH INSTALLMENTS, OR OF THE AMOUNT OF THE MONTHLY SALARY OR COMPENSATION, AS THE NUMBER OF DAYS IN THE FRACTIONAL PART OF THAT MONTH BEARS TO THE ACTUAL NUMBER OF DAYS IN THAT MONTH.

SECTION 4 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1059, AUTHORIZING COMPENSATION FOR OVERTIME FOR POSTAL EMPLOYEES CONTAINS THE FOLLOWING PROVISO:

* * * AND PROVIDED FURTHER, THAT IN COMPUTING THE COMPENSATION FOR SUCH OVERTIME THE ANNUAL SALARY OR COMPENSATION FOR SUCH EMPLOYEES SHALL BE DIVIDED BY THREE HUNDRED AND SIX, THE NUMBER OF WORKING DAYS IN THE YEAR LESS ALL SUNDAYS AND LEGAL HOLIDAYS ENUMERATED IN THE ACT OF JULY 28, 1916; THE QUOTIENT THUS OBTAINED WILL BE THE DAILY COMPENSATION WHICH DIVIDED BY EIGHT WILL GIVE THE HOURLY COMPENSATION FOR SUCH OVERTIME SERVICE: * * *

THE ACT OF MAY 24, 1928, 45 STAT. 725, PROVIDES AS FOLLOWS:

THAT AFTER JULY 1, 1928, SUPERVISORY EMPLOYEES, SPECIAL CLERKS, CLERKS, SUBSTITUTE CLERKS, WATCHMEN, MESSENGERS, LABORERS, AND EMPLOYEES OF THE MOTOR-VEHICLE SERVICE, IN FIRST AND SECOND CLASS POST OFFICES; CARRIERS AND SUBSTITUTE CARRIERS IN THE CITY DELIVERY SERVICE; AND RAILWAY POSTAL CLERKS, SUBSTITUTE RAILWAY POSTAL CLERKS, AND LABORERS IN THE RAILWAY MAIL SERVICE, 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 6 O-CLOCK POST MERIDIAN AND 6 O CLOCK ANTEMERIDIAN.

FROM THE STANDPOINT OF THE PER ANNUM EMPLOYEE WHO IS ENTITLED BY LAW TO COMPENSATION FOR OVERTIME, ONLY THE DAYS HE IS ACTUALLY REQUIRED TO WORK WITHOUT OVERTIME COMPENSATION WOULD BE CONSIDERED IN DETERMINING WHAT PART OF HIS ANNUAL COMPENSATION IS PAID FOR A DAY'S WORK. THE ACT OF FEBRUARY 28, 1925, SO PROVIDES, AND COMPENSATION ON THE BASIS STATED IN THAT ACT DOES NOT CONTRAVENE THE PROVISIONS OF SECTION 201 (A) (1) OF THE ECONOMY ACT. ACCORDINGLY, QUESTION 3 (A) IS ANSWERED IN THE NEGATIVE.

REFERRING TO QUESTION 3 (B), PAYMENT OF THE NIGHT DIFFERENTIAL FOR THE TWO HOURS BETWEEN 6 P.M. AND 8 P.M. WOULD BE CLEARLY IN CONTRAVENTION OF SECTION 211 (A) (1) OF THE ECONOMY ACT, WHICH PROHIBITS THE PAYMENT OF A HIGHER RATE "FOR OVERTIME WORK (EITHER DAY OR NIGHT).' NOTE ALSO SECTION 211 (A) (2), WHICH SPECIFICALLY EXCEPTS OVERTIME WORK FROM THE NIGHT WORK FOR WHICH ONE-HALF OF THE FORMER NIGHT DIFFERENTIAL MAY BE PAID. THEREFORE, THIS EMPLOYEE WOULD BE ENTITLED TO OVERTIME PAY AT HIS REGULAR DAILY RATE, ONLY, AND THE QUESTION IS ANSWERED IN THE NEGATIVE.

4. THE TOUR OF DUTY OF AN EMPLOYEE IS FROM 12 O-CLOCK NOON TO 8 P.M. IS HE ENTITLED TO BE PAID 5 PERCENT EXTRA FOR NIGHT WORK FOR THE TWO HOURS HE WORKS AFTER 6 P.M.?

WHERE THE REGULAR TOUR OF DUTY IS PARTLY DURING THE DAY AND PARTLY DURING THE NIGHT, THE NIGHT DIFFERENTIAL IS APPLICABLE TO THE NIGHT PORTION. THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE.

5. THE TOUR OF DUTY OF AN EMPLOYEE IS FROM 12 O-CLOCK NOON TO 8 P.M., AND HE WORKS UNTIL 10--- 2 HOURS OVERTIME. IS HE ENTITLED TO BE PAID 5 PERCENT EXTRA FOR NIGHT WORK FOR THE TWO HOURS FROM 6 TO 8 P.M., OR FOR THE 4 HOURS FROM 6 TO 10 P.M.?

WHERE THE NIGHT DIFFERENTIAL IS APPLICABLE TO THE REGULAR TOUR OF DUTY, AND THERE IS OVERTIME DURING THE NIGHT, SAID OVERTIME WOULD TAKE THE NIGHT DIFFERENTIAL THE SAME AS THE REGULAR NIGHT WORK. IN THE ILLUSTRATION GIVEN THE EMPLOYEE WOULD BE ENTITLED TO THE NIGHT DIFFERENTIAL FOR THE FOUR HOURS FROM 6 TO 10 P.M.

YOU ARE ADVISED THAT IN THE SETTLEMENT OF ACCOUNTS FOR PERIODS DURING THE FISCAL YEAR 1933, CREDIT WILL BE ALLOWED FOR PAYMENTS MADE IN ACCORDANCE WITH THE ABOVE-STATED RULES.