A-4445, NOVEMBER 25, 1924, 4 COMP. GEN. 476

A-4445: Nov 25, 1924

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A SPECIFIC PROMISE OF 50 PERCENT ADDITIONAL FOR WORK ON SUNDAYS IS MADE BEFORE THE WORK IS PERFORMED. PAYMENT OF SUCH 50 PERCENT ADDITIONAL IS AUTHORIZED FOR SUNDAY WORK. 1924: I HAVE YOUR REQUEST OF OCTOBER 27. HOLDING THAT YOU WERE NOT AUTHORIZED TO PAY 50 PERCENT ADDITIONAL TO CERTAIN EMPLOYEES FOR WORK PERFORMED ON SUNDAYS. IN YOUR ORIGINAL SUBMISSION THE ONLY EVIDENCE SUBMITTED WAS YOUR STATEMENT: 3. IT WAS GENERALLY UNDERSTOOD THAT THE MEN WOULD BE PAID ONE AND ONE-HALF TIMES THE REGULAR WEEK-DAY RATE. THIS WAS IN ACCORDANCE WITH LOCAL COMMERCIAL PRACTICE AND THE PRACTICE OF THIS OFFICE DURING THE PRECEDING LOW-WATER SEASONS. YOU NOW STATE THAT THESE EMPLOYEES WERE PROMISED 50 PERCENT ADDITIONAL SHOULD THEY BE REQUIRED TO WORK ON SUNDAY.

A-4445, NOVEMBER 25, 1924, 4 COMP. GEN. 476

COMPENSATION, OVERTIME - CIVILIAN EMPLOYEES OF CORPS OF ENGINEERS WHERE THE CONTRACT OF EMPLOYMENT OF CIVILIAN EMPLOYEES OF THE CORPS OF ENGINEERS, UNITED STATES ARMY, DOES NOT REQUIRE WORK ON SUNDAYS AT THE SAME RATE OF PAY AS ON OTHER DAYS, AND A SPECIFIC PROMISE OF 50 PERCENT ADDITIONAL FOR WORK ON SUNDAYS IS MADE BEFORE THE WORK IS PERFORMED, PAYMENT OF SUCH 50 PERCENT ADDITIONAL IS AUTHORIZED FOR SUNDAY WORK.

COMPTROLLER GENERAL MCCARL TO LIEUT. COL. E. J. DENT, CORPS OF ENGINEERS, UNITED STATES ARMY, NOVEMBER 25, 1924:

I HAVE YOUR REQUEST OF OCTOBER 27, 1924 (230.4522), FOR RECONSIDERATION OF MY DECISION OF SEPTEMBER 17, 1924, HOLDING THAT YOU WERE NOT AUTHORIZED TO PAY 50 PERCENT ADDITIONAL TO CERTAIN EMPLOYEES FOR WORK PERFORMED ON SUNDAYS. IN YOUR ORIGINAL SUBMISSION THE ONLY EVIDENCE SUBMITTED WAS YOUR STATEMENT:

3. THE ASSISTANT IN LOCAL CHARGE AT LOCK AND DAM NO. 8 WORKED THE MEN ON SUNDAYS (SUCH WORK BEING IMPERATIVE). DUE TO A MISUNDERSTANDING, IT WAS GENERALLY UNDERSTOOD THAT THE MEN WOULD BE PAID ONE AND ONE-HALF TIMES THE REGULAR WEEK-DAY RATE. THIS WAS IN ACCORDANCE WITH LOCAL COMMERCIAL PRACTICE AND THE PRACTICE OF THIS OFFICE DURING THE PRECEDING LOW-WATER SEASONS.

YOU NOW STATE THAT THESE EMPLOYEES WERE PROMISED 50 PERCENT ADDITIONAL SHOULD THEY BE REQUIRED TO WORK ON SUNDAY, AND YOU SUBMIT COPY OF THE SUPPLEMENTAL PAY ROLL COVERING THE 50 PERCENT ADDITIONAL PAYMENTS APPROVED BY THE CHIEF OF ENGINEERS.

AS THERE IS NO LAW OR REGULATION OF THE ENGINEER CORPS EXPRESSLY PROHIBITING ADDITIONAL PAY FOR SUNDAY WORK, IF THE ORIGINAL CONTRACT OF EMPLOYMENT IN THESE CASES DID NOT REQUIRE THE EMPLOYEES TO WORK ON SUNDAYS, AND IF THEY WERE THEREAFTER REQUIRED TO WORK ON SUNDAYS AND BEFORE SUCH SUNDAY WORK WAS PERFORMED WERE PROMISED 50 PERCENT ADDITIONAL FOR SUCH WORK, PAYMENT OF THE ADDITIONAL 50 PERCENT FOR WORK PERFORMED ON SUNDAY IS NOW AUTHORIZED. 24 COMP. DEC. 529.