A-5669, NOVEMBER 19, 1924, 4 COMP. GEN. 461

A-5669: Nov 19, 1924

Additional Materials:

Contact:

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

 

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

ARE ENTITLED TO PAY FOR NIGHT WORK BETWEEN THE HOURS OF 5 P.M. 1924: I HAVE YOUR LETTER OF OCTOBER 9. ARE ENTITLED TO 20 PERCENT IN ADDITION TO THEIR REGULAR COMPENSATION FOR NIGHT WORK BETWEEN THE HOURS OF 5 P.M. WHICH IS AUTHORIZED FOR PAYMENT ON AN HOURLY BASIS. THE CLASSIFICATION ACT EXPRESSLY PROVIDES: THE CLERICAL-MECHANICAL SERVICE SHALL INCLUDE ALL CLASSES OF POSITIONS WHICH ARE NOT IN A RECOGNIZED TRADE OR CRAFT AND WHICH ARE LOCATED IN THE GOVERNMENT PRINTING OFFICE. * * * THE DUTIES OF WHICH ARE TO PERFORM OR TO DIRECT MANUAL OR MACHINE OPERATIONS REQUIRING SPECIAL SKILL OR EXPERIENCE OR TO PERFORM OR DIRECT THE COUNTING. IT WAS EXPRESSLY HELD THAT THE ACT OF JUNE 7. THAT DECISION WAS CITED AND.

A-5669, NOVEMBER 19, 1924, 4 COMP. GEN. 461

CLASSIFICATION OF CIVILIAN EMPLOYEES - OFFICE OF SUPERINTENDENT OF DOCUMENTS - COMPENSATION FOR NIGHT WORK EMPLOYEES OF THE OFFICE OF THE SUPERINTENDENT OF DOCUMENTS, GOVERNMENT PRINTING OFFICE, ALLOCATED UNDER THE PROVISIONS OF THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, TO THE CLERICAL MECHANICAL SERVICE AND PAID AT HOURLY RATE OF COMPENSATION, ARE ENTITLED TO PAY FOR NIGHT WORK BETWEEN THE HOURS OF 5 P.M. AND 8 A.M. AT THE RATES FIXED BY THE PROVISIONS OF THE CLASSIFICATION ACT, PLUS 20 PERCENT THERETO, UNDER THE PROVISIONS OF THE ACT OF JANUARY 12, 1895, 28 STAT. 607.

COMPTROLLER GENERAL MCCARL TO THE PUBLIC PRINTER, NOVEMBER 19, 1924:

I HAVE YOUR LETTER OF OCTOBER 9, 1924, REQUESTING DECISION WHETHER EMPLOYEES OF THE OFFICE OF THE SUPERINTENDENT OF DOCUMENTS, GOVERNMENT PRINTING OFFICE, ALLOCATED TO THE CLERICAL-MECHANICAL SERVICE AND PAID AT THE HOURLY RATE OF COMPENSATION FIXED BY THE CLASSIFICATION ACT, ARE ENTITLED TO 20 PERCENT IN ADDITION TO THEIR REGULAR COMPENSATION FOR NIGHT WORK BETWEEN THE HOURS OF 5 P.M. AND 8 A.M.

SECTION 39 OF THE ACT OF JANUARY 12, 1895, 28 STAT. 607, PROVIDES AS FOLLOWS:

* * * PROVIDED, THAT THE PAY OF ALL EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE ENGAGED ON NIGHT WORK (BETWEEN THE HOURS OF FIVE O CLOCK POST MERIDIAN AND EIGHT O-CLOCK ANTEMERIDIAN) SHALL BE TWENTY PERCENTUM IN ADDITION TO THE AMOUNT PAID FOR DAY LABOR.

THE CLASSIFICATION ACT OF 1923, DATED MARCH 4, 1923, 42 STAT. 1488, PROVIDES FOR ONLY TWO BASES FOR COMPUTING COMPENSATION, VIZ, PER ANNUM AND PER HOUR. PER ANNUM APPLIES TO ALL THE VARIOUS SERVICES ESTABLISHED BY THE ACT EXCEPT THE CLERICAL-MECHANICAL SERVICE, WHICH IS AUTHORIZED FOR PAYMENT ON AN HOURLY BASIS. THE CLASSIFICATION ACT EXPRESSLY PROVIDES:

THE CLERICAL-MECHANICAL SERVICE SHALL INCLUDE ALL CLASSES OF POSITIONS WHICH ARE NOT IN A RECOGNIZED TRADE OR CRAFT AND WHICH ARE LOCATED IN THE GOVERNMENT PRINTING OFFICE, * * * THE DUTIES OF WHICH ARE TO PERFORM OR TO DIRECT MANUAL OR MACHINE OPERATIONS REQUIRING SPECIAL SKILL OR EXPERIENCE OR TO PERFORM OR DIRECT THE COUNTING, EXAMINING, SORTING, OR OTHER VERIFICATION OF THE PRODUCT OF MANUAL OR MACHINE OPERATIONS.

THE ACT OF JUNE 7, 1924, 43 STAT. 658, ENTITLED "AN ACT TO REGULATE AND FIX RATES OF PAY FOR EMPLOYEES AND OFFICERS OF THE GOVERNMENT PRINTING OFFICE," PROVIDES AS FOLLOWS:

* * * PROVIDED FURTHER, THAT EMPLOYEES AND OFFICERS OF THE GOVERNMENT PRINTING OFFICE, UNLESS OTHERWISE HEREIN FIXED, SHALL CONTINUE TO BE PAID AT THE RATES OF WAGES, SALARIES, AND COMPENSATION (INCLUDING NIGHT RATE) NOW AUTHORIZED BY LAW UNTIL SUCH TIME AS THEIR WAGES, SALARIES, AND COMPENSATION SHALL BE DETERMINED AS HEREINBEFORE PROVIDED.

YOU STATE AS FOLLOWS:

NO RATE DIFFERENT FROM THAT AS ABOVE SPECIFICALLY SET HAVING TO THIS DATE BEEN FIXED FOR EMPLOYEES PAID BY THE HOUR AND WORKING AT NIGHT IN THE OFFICE OF THE SUPERINTENDENT OF DOCUMENTS, THE PUBLIC PRINTER HAS TAKEN THE POSITION THAT THE LAW SETTING A RATE OF 20 PERCENTUM IN ADDITION TO DAY RATES PROPERLY APPLIES TO SUCH EMPLOYEES, PENDING THE SETTING OF ANY OTHER RATE IN THE MANNER REQUIRED BY PUBLIC ACT 276, 68TH CONGRESS.

ACTING UNDER THE TWO AUTHORITIES ABOVE QUOTED, THE PUBLIC PRINTER HAS CAUSED TO BE PAID TO MR. HUGH RUTLAND, EMPLOYED IN OFFICE OF THE SUPERINTENDENT OF DOCUMENTS, ALLOCATED TO CLERICAL-MECHANICAL SERVICE, GRADE 3, AT 65 CENTS PER HOUR, WHO WORKED OVERTIME FROM 5 P.M. TO 9 P.M. ON SEPTEMBER 9, 1924, THE SUM OF 78 CENTS PER HOUR FOR SUCH OVERTIME, THIS BEING HIS RATE UNDER THE CLASSIFICATION ACT PLUS THE 20 PERCENT ADDITIONAL PROVIDED BY LAW FOR NIGHT WORK.

IN THE DECISION OF THIS OFFICE, DATED AUGUST 25, 1924, 4 COMP. GEN. 202, IT WAS EXPRESSLY HELD THAT THE ACT OF JUNE 7, 1924, SUPRA, AUTHORIZING THE PUBLIC PRINTER TO REGULATE AND FIX THE RATES OF COMPENSATION OF EMPLOYEES IN THE GOVERNMENT PRINTING OFFICE, RELATES TO PERSONAL SERVICE UNDER THE APPROPRIATION "PUBLIC PRINTING AND BINDING" AND SUPERSEDED THE CLASSIFICATION ACT TO THAT EXTENT ONLY, HAVING NO APPLICATION TO PERSONAL SERVICES UNDER THE APPROPRIATIONS "OFFICE OF PUBLIC PRINTER" AND "OFFICE OF SUPERINTENDENT OF DOCUMENTS.' THAT DECISION WAS CITED AND, IN EFFECT, AFFIRMED IN DECISION DATED SEPTEMBER 11, 1924, 4 COMP. GEN. 293, HOLDING THAT THE APPROPRIATIONS "OFFICE OF PUBLIC PRINTER" AND "OFFICE OF SUPERINTENDENT OF DOCUMENTS" CONSTITUTE ONE APPROPRIATION UNIT WITHIN THE MEANING OF THE "AVERAGE" PROVISION APPEARING IN THE ACT OF JUNE 7, 1924, 43 STAT. 593, APPROPRIATING FUNDS FOR THE GOVERNMENT PRINTING OFFICE FOR THE FISCAL YEAR 1925, AND RESTRICTING PAYMENTS OF COMPENSATION UNDER THE CLASSIFICATION ACT OF 1923.

ACCORDINGLY, THE QUOTED PORTION OF THE ACT OF JUNE 7, 1924, 43 STAT. 658, AUTHORIZING THE CONTINUATION OF THE RATES OF COMPENSATION THEN IN EXISTENCE UNTIL OTHER RATES SHALL HAVE BEEN FIXED BY THE PUBLIC PRINTER "/INCLUDING NIGHT RATE)" HAS NO REFERENCE TO COMPENSATION OF EMPLOYEES IN THE OFFICE OF SUPERINTENDENT OF DOCUMENTS.

IN DETERMINING THE QUESTION HERE PRESENTED THERE IS FOR CONSIDERATION ONLY THE ACT OF JANUARY 12, 1895, SUPRA, AUTHORIZING 20 PERCENT ADDITIONAL COMPENSATION FOR NIGHT WORK, AND THE PROVISIONS OF THE CLASSIFICATION ACT. THE 20 PERCENT INCREASE AUTHORIZED BY THE ACT OF JANUARY 12, 1895, IS NOT FOR OVERTIME WORK, BUT FOR NIGHT WORK; THAT IS, FOR WORK BETWEEN THE HOURS OF 5 P.M. AND 8 A.M. REGARDLESS OF THE NUMBER OF HOURS WORKED DURING ANY PERIOD OF 24 HOURS. THE FLAT PERCENTAGE INCREASE AUTHORIZED IS APPLICABLE AS WELL TO COMPENSATION FIXED BY THE HOUR, MONTH, OR YEAR AS TO COMPENSATION FIXED BY THE DAY. THE PROVISION FOR THE PERCENTAGE INCREASE IS SPECIFIC PERMANENT LEGISLATION, NOT INCONSISTENT WITH THE CLASSIFICATION ACT, AND THERE IS NOTHING IN THE CLASSIFICATION ACT TO INDICATE AN INTENTION TO REPEAL OR SUPERSEDE SAID PROVISION.

YOU ARE ADVISED, THEREFORE, THAT THE EMPLOYEES IN THE OFFICE OF THE SUPERINTENDENT OF DOCUMENTS MAY BE PAID FOR NIGHT WORK BETWEEN THE HOURS OF 5 P.M. AND 8 A.M. AT THE RATE OF 20 PERCENT IN ADDITION TO THE RATES FIXED BY THE CLASSIFICATION ACT.