A-65311, JANUARY 20, 1936, 15 COMP. GEN. 638

A-65311: Jan 20, 1936

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ARE NOT WITHIN THE GROUP OF EMPLOYEES TO WHICH THE ACT OF AUGUST 14. IS BY ITS TERMS MADE APPLICABLE AND ARE NOT ENTITLED TO COMPENSATORY TIME FOR SERVICES PERFORMED ON SATURDAY. MAKING SATURDAY A NONWORK DAY FOR CERTAIN POSTAL EMPLOYEES AND AUTHORIZING THE GRANTING OF COMPENSATORY TIME FOR WORK REQUIRED ON THAT DAY DOES NOT AUTHORIZE THE GRANTING OF 2 DAYS' COMPENSATORY TIME FOR 1 DAY'S WORK WHEN WORK IS REQUIRED ON A SATURDAY WHICH IS ALSO A REGULAR LEGAL HOLIDAY. ON ONE DAY WITHIN THIRTY DAYS NEXT SUCCEEDING THE HOLIDAY AND THE LAST THREE SUNDAYS IN THE YEAR ON WHICH SERVICE IS PERFORMED: PROVIDED. TO PERFORM SERVICE ON SATURDAY THEY SHALL BE ALLOWED COMPENSATORY TIME FOR SUCH SERVICE ON ONE DAY WITHIN FIVE WORKING DAYS NEXT SUCCEEDING THE SATURDAY ON WHICH THE EXCESS SERVICE WAS PERFORMED: * * * PROVIDED FURTHER.

A-65311, JANUARY 20, 1936, 15 COMP. GEN. 638

COMPENSATORY TIME - POSTAL EMPLOYEES - SATURDAYS AND HOLIDAYS WATCHMEN AND MESSENGERS, IF NOT EMPLOYEES OF THE CUSTODIAL SERVICE OF THE POST OFFICE DEPARTMENT, ARE NOT WITHIN THE GROUP OF EMPLOYEES TO WHICH THE ACT OF AUGUST 14, 1935, 49 STAT. 650, IS BY ITS TERMS MADE APPLICABLE AND ARE NOT ENTITLED TO COMPENSATORY TIME FOR SERVICES PERFORMED ON SATURDAY. THE ACT OF AUGUST 14, 1935, 49 STAT. 650, MAKING SATURDAY A NONWORK DAY FOR CERTAIN POSTAL EMPLOYEES AND AUTHORIZING THE GRANTING OF COMPENSATORY TIME FOR WORK REQUIRED ON THAT DAY DOES NOT AUTHORIZE THE GRANTING OF 2 DAYS' COMPENSATORY TIME FOR 1 DAY'S WORK WHEN WORK IS REQUIRED ON A SATURDAY WHICH IS ALSO A REGULAR LEGAL HOLIDAY.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, JANUARY 20, 1936:

THERE HAS BEEN BROUGHT TO THE ATTENTION OF THIS OFFICE THE AMENDMENTS MADE BY THE POSTAL BULLETIN OF SEPTEMBER 4, 1935, EFFECTIVE OCTOBER 1, 1935, TO PARAGRAPHS 19, 28 AND 29 OF UNITED STATES OFFICIAL POSTAL GUIDE OF JULY 1935, REGARDING THE ALLOWANCE OF COMPENSATORY TIME OFF FOR TIME WORKED ON SATURDAYS AND HOLIDAYS BY VARIOUS CLASSES OF POSTAL EMPLOYEES.

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

* * * THAT WHEN THE NEEDS OF THE SERVICE REQUIRE THE EMPLOYMENT ON SUNDAYS AND HOLIDAYS OF FOREMEN, SPECIAL CLERKS, CLERKS, CARRIERS, WATCHMEN, MESSENGERS, OR LABORERS, AT FIRST AND SECOND CLASS POST OFFICES, THEY SHALL BE ALLOWED COMPENSATORY TIME ON ONE DAY WITHIN SIX DAYS NEXT SUCCEEDING THE SUNDAY, EXCEPT THE LAST THREE SUNDAYS IN THE CALENDAR YEAR, AND ON ONE DAY WITHIN THIRTY DAYS NEXT SUCCEEDING THE HOLIDAY AND THE LAST THREE SUNDAYS IN THE YEAR ON WHICH SERVICE IS PERFORMED: PROVIDED, HOWEVER, THAT THE POSTMASTER GENERAL MAY, IF THE EXIGENCIES OF THE SERVICE REQUIRE IT, AUTHORIZE THE PAYMENT OF OVERTIME FOR SERVICE ON THE LAST THREE SUNDAYS IN THE CALENDAR YEAR OR ON CHRISTMAS DAY IN LIEU OF COMPENSATORY TIME.

THE ACT OF AUGUST 14, 1935, 49 STAT. 650, PROVIDES:

THAT WHEN THE NEEDS OF THE SERVICE REQUIRE SUPERVISORY EMPLOYEES, SPECIAL CLERKS, CLERKS AND LABORERS IN FIRST- AND SECOND-CLASS POST OFFICES, AND EMPLOYEES OF THE MOTOR-VEHICLE SERVICE, AND CARRIERS IN THE CITY DELIVERY SERVICE AND IN THE VILLAGE DELIVERY SERVICE, AND EMPLOYEES OF THE RAILWAY MAIL SERVICE, CLERKS AT DIVISION HEADQUARTERS OF POST OFFICE INSPECTORS, EMPLOYEES OF THE STAMPED ENVELOPE AGENCY, AND EMPLOYEES OF THE MAIL EQUIPMENT SHOPS; CLEANERS, JANITORS, TELEPHONE OPERATORS, AND ELEVATOR CONDUCTORS PAID FROM APPROPRIATIONS OF THE FIRST ASSISTANT POSTMASTER GENERAL AND ALL EMPLOYEES OF THE CUSTODIAL SERVICE EXCEPT CHARWOMEN AND CHARMEN AND THOSE WORKING PART TIME, TO PERFORM SERVICE ON SATURDAY THEY SHALL BE ALLOWED COMPENSATORY TIME FOR SUCH SERVICE ON ONE DAY WITHIN FIVE WORKING DAYS NEXT SUCCEEDING THE SATURDAY ON WHICH THE EXCESS SERVICE WAS PERFORMED: * * * PROVIDED FURTHER, THAT THE POSTMASTER GENERAL MAY, IF THE EXIGENCIES OF THE SERVICE REQUIRE IT, AUTHORIZE THE PAYMENT OF OVERTIME FOR SERVICE ON THE LAST THREE SATURDAYS IN THE CALENDAR YEAR IN LIEU OF COMPENSATORY TIME, EXCEPT CLEANERS, JANITORS, TELEPHONE OPERATORS, AND ELEVATOR CONDUCTORS PAID FROM THE APPROPRIATION OF THE FIRST ASSISTANT POSTMASTER GENERAL AND CUSTODIAL EMPLOYEES WHO SHALL BE GIVEN COMPENSATORY TIME IN LIEU OF OVERTIME PAY WITHIN THIRTY DAYS NEXT SUCCEEDING: * * *

SEC. 3. THIS ACT SHALL TAKE EFFECT OCTOBER 1, 1935.

THE POST OFFICE DEPARTMENT IN THE POSTAL BULLETIN OF SEPTEMBER 4, 1935, CALLS ATTENTION TO THE ABOVE ACT AND AMENDS PARAGRAPHS 17 TO 35, ON PAGES 72 AND 73, OF THE UNITED STATES OFFICIAL POSTAL GUIDE FOR JULY 1935.

PARAGRAPH 19, AS AMENDED, CONTAINS THE FOLLOWING STATEMENT:

* * * WHILE WATCHMEN AND MESSENGERS ARE NOT NAMED AS BENEFICIARIES OF THIS ACT, IT IS THE WISH OF THE DEPARTMENT THAT THEY BE GIVEN COMPENSATORY TIME FOR SERVICE PERFORMED ON SATURDAY.

PARAGRAPHS 28 AND 29, AS AMENDED, READ:

28. SATURDAY HOLIDAYS.--- WHEN A HOLIDAY FALLS ON SATURDAY REGULAR EMPLOYEES SHOULD BE EXCUSED FROM SERVICE AS FAR AS PRACTICABLE. THOSE WHO PERFORM SERVICE ON SUCH A DAY SHALL BE GRANTED COMPENSATORY TIME FOR SERVICE SO PERFORMED WITHIN 1 OF THE 30 DAYS FOLLOWING THE HOLIDAY, AND IN ADDITION THERETO MUST BE GRANTED COMPENSATORY TIME FOR THE SERVICE PERFORMED ON THE SATURDAY ON 1 OF THE 5 WORKING DAYS NEXT SUCCEEDING THE SATURDAY. THIS MEANS THAT ALL EMPLOYEES, EXCEPT CLEANERS, JANITORS, TELEPHONE OPERATORS, AND ELEVATOR CONDUCTORS PAID FROM THE APPROPRIATIONS OF THE FIRST ASSISTANT POSTMASTER GENERAL, WHO ARE NOT ENTITLED TO COMPENSATORY TIME FOR HOLIDAYS, MUST BE GRANTED DOUBLE COMPENSATORY TIME. FIRST, BECAUSE THE SERVICE WAS PERFORMED ON A HOLIDAY, AND SECONDLY, BECAUSE IT WAS PERFORMED ON SATURDAY.

SUPERVISORS ABOVE THE GRADE OF FOREMAN, WHO PERFORM SERVICE ON HOLIDAYS WHICH FALL ON SATURDAY SHALL BE ALLOWED COMPENSATORY TIME FOR SERVICE PERFORMED ON SUCH SATURDAY HOLIDAY ON 1 OF THE 5 WORKING DAYS FOLLOWING THE SATURDAY, AND MAY BE GRANTED HOLIDAY COMPENSATORY TIME WITHIN 180 DAYS FOLLOWING THE HOLIDAY.

REFERRING TO PARAGRAPH 19, AS AMENDED, SUPRA, IF WATCHMEN AND MESSENGERS ARE NOT EMPLOYEES OF THE CUSTODIAL SERVICE, THEY ARE NOT WITHIN ANY GROUP OF EMPLOYEES TO WHICH THE ACT OF AUGUST 14, 1935, IS BY ITS TERMS MADE APPLICABLE, AND THERE IS NO AUTHORITY IN THE POSTMASTER GENERAL OR ANY OF HIS SUBORDINATES TO EXTEND THE PROVISIONS OF THE STATUTE TO ANY CLASS OF EMPLOYEES NOT COVERED THEREBY. THE PARAGRAPH IN QUESTION SHOULD BE AMENDED ACCORDINGLY. SEE SECTION 5 OF THE ACT OF MARCH 3, 1893, 27 STAT. 715.

PARAGRAPHS 28 AND 29 OF THE UNITED STATES OFFICIAL POSTAL GUIDE, AS AMENDED, PROPOSE TO GRANT 2 DAYS' COMPENSATORY TIME FOR 1 DAY'S WORK IN THE EVENT A REGULAR LEGAL HOLIDAY FALLS ON A SATURDAY (AS WILL BE THE CASE THREE TIMES DURING 1936), AND THE EMPLOYEE IS REQUIRED TO WORK ON SAID DAY. THE ACT OF AUGUST 14, 1935, MAKES SATURDAY A NONWORK DAY FOR CERTAIN POSTAL EMPLOYEES AND AUTHORIZES THE GRANTING OF COMPENSATORY TIME FOR WORK REQUIRED ON SAID DAY. BUT THE FACT THAT ANOTHER HOLIDAY MAY HAPPEN TO FALL ON A SATURDAY CANNOT OPERATE TO MAKE WORK ON SAID DAY BY SUCH EMPLOYEES THE EQUIVALENT OF 2 DAYS' WORK OR ENTITLE THE EMPLOYEES TO 2 DAYS' COMPENSATORY TIME FOR 1 DAY'S WORK. NOT ONLY WOULD THE PROVISIONS OF PARAGRAPHS 28 AND 29 APPEAR TO BE UNAUTHORIZED BY LAW, BUT THEY WOULD GIVE TO THE EMPLOYEE WHO IS REQUIRED TO WORK ON SATURDAY AN UNDUE ADVANTAGE OVER THE EMPLOYEE WHO IS NOT REQUIRED TO WORK ON THAT DAY. THAT IS TO SAY, THE EMPLOYEE WHO IS REQUIRED TO WORK WOULD BE GIVEN THE BENEFIT OF TWO HOLIDAYS WHEREAS THE EMPLOYEE WHO IS NOT REQUIRED TO WORK WOULD HAVE THE BENEFIT OF ONLY ONE.

SAID PARAGRAPHS 28 AND 29 OF THE UNITED STATES OFFICIAL POSTAL GUIDE, AS AMENDED, WOULD APPEAR TO BE ILLEGAL AND SHOULD BE MODIFIED IN ACCORDANCE HEREWITH.