A-65608, SEPTEMBER 30, 1935, 15 COMP. GEN. 255

A-65608: Sep 30, 1935

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COMPENSATION - HOLIDAYS - CHARWOMEN OF THE LIBRARY OF CONGRESS CHARWOMEN OF THE LIBRARY OF CONGRESS ARE NOT ENTITLED TO THE GRATUITY PAY PROVIDED BY THE ACT OF AUGUST 23. FOR HOLIDAYS ON WHICH THEY ARE REQUIRED TO WORK. 1935: THERE WAS RECEIVED YOUR LETTER OF SEPTEMBER 19. THERE ARE SIXTY EMPLOYEES ON THE FORCE OF CHARWOMEN. A PORTION OF THIS FORCE IS REQUIRED TO WORK ON SUNDAYS AND HOLIDAYS AND THE WOMEN ARE PAID 1 1/4 TIMES THEIR REGULAR RATE OF PAY FOR THIS SERVICE FROM THE FOLLOWING APPROPRIATION . NO WORK IS PERFORMED BY THEM AN AMOUNT EQUAL TO THE AMOUNT THEY WOULD RECEIVE HAD THEY PERFORMED THE SAME NUMBER OF HOURS OF WORK ON SUCH HOLIDAY AS THE AVERAGE NUMBER OF HOURS OF WORK PERFORMED BY THEM DURING THE DAYS IN THE WEEK IN WHICH SUCH HOLIDAY OCCURS.'.

A-65608, SEPTEMBER 30, 1935, 15 COMP. GEN. 255

COMPENSATION - HOLIDAYS - CHARWOMEN OF THE LIBRARY OF CONGRESS CHARWOMEN OF THE LIBRARY OF CONGRESS ARE NOT ENTITLED TO THE GRATUITY PAY PROVIDED BY THE ACT OF AUGUST 23, 1935, 49 STAT. 724, FOR HOLIDAYS ON WHICH THEY ARE REQUIRED TO WORK.

COMPTROLLER GENERAL MCCARL TO THE SUPERINTENDENT, LIBRARY OF CONGRESS BUILDING, SEPTEMBER 30, 1935:

THERE WAS RECEIVED YOUR LETTER OF SEPTEMBER 19, 1935, AS FOLLOWS:

ON THE LIBRARY OF CONGRESS CARE AND MAINTENANCE ROLL, THERE ARE SIXTY EMPLOYEES ON THE FORCE OF CHARWOMEN. A PORTION OF THIS FORCE IS REQUIRED TO WORK ON SUNDAYS AND HOLIDAYS AND THE WOMEN ARE PAID 1 1/4 TIMES THEIR REGULAR RATE OF PAY FOR THIS SERVICE FROM THE FOLLOWING APPROPRIATION ,CARE AND MAINTENANCE, LIBRARY OF CONGRESS, 1936" (SUNDAY OPENING), INCLUDED IN THE LEGISLATIVE ACT FOR 1936, APPROVED JUNE 8, 1935, AS FOLLOWS:

"FOR EXTRA SERVICES OF EMPLOYEES AND ADDITIONAL EMPLOYEES UNDER THE LIBRARIAN TO PROVIDE FOR THE OPENING OF THE LIBRARY BUILDING ON SUNDAYS AND ON LEGAL HOLIDAYS, AT RATES TO BE FIXED BY THE LIBRARIAN, $5,000.'

THE ACT APPROVED AUGUST 23, 1935, PROVIDES THAT---

"CHARWOMEN AND HEAD CHARWOMEN SHALL RECEIVE FOR EACH HOLIDAY (EXCEPT SUNDAY) UPON WHICH, UNDER EXISTING LAW, NO WORK IS PERFORMED BY THEM AN AMOUNT EQUAL TO THE AMOUNT THEY WOULD RECEIVE HAD THEY PERFORMED THE SAME NUMBER OF HOURS OF WORK ON SUCH HOLIDAY AS THE AVERAGE NUMBER OF HOURS OF WORK PERFORMED BY THEM DURING THE DAYS IN THE WEEK IN WHICH SUCH HOLIDAY OCCURS.'

ASSUMING THAT THE CHARWOMEN ON OUR REGULAR FORCE ARE ENTITLED TO PAY FOR LEGAL HOLIDAYS UNDER THE ACT APPROVED AUGUST 23, 1935, MAY I BE INFORMED WHETHER THOSE WHO ARE REQUIRED TO WORK ON HOLIDAYS ARE TO RECEIVE DOUBLE COMPENSATION, AND IF SO, AT WHAT RATES?

AS WE ARE NOW PREPARING ESTIMATES FOR THE FISCAL YEAR 1937, WE WOULD APPRECIATE AN EARLY REPLY SO THAT THE REQUIRED AMOUNT OF FUNDS MAY BE INCLUDED TO MEET THE REQUIREMENTS OF THIS ACT.

THE PART OF THE ACT OF AUGUST 23, 1935, 49 STAT. 724, PRECEDING THE SENTENCE QUOTED IN YOUR LETTER, IS AS FOLLOWS:

THAT THE FIFTH PARAGRAPH UNDER THE HEADING "CUSTODIAL SERVICE" IN SECTION 13 OF THE CLASSIFICATION ACT OF 1923, AS AMENDED (U.S.C., TITLE 5, SEC. 673), IS AMENDED BY INSERTING AT THE END THEREOF THE FOLLOWING NEW SENTENCE. * * *

SAID CLASSIFICATION ACT, AS AMENDED BY THE ACT OF JULY 3, 1930, 46 STAT. 1004, PROVIDES UNDER THE HEADING "CUSTODIAL SERVICE" AT THE END OF THE SCHEDULE FOR GRADE 2, AS FOLLOWS:

* * * PROVIDED, THAT CHARWOMEN WORKING PART TIME BE PAID AT THE RATE OF 50 CENTS AN HOUR AND HEAD CHARWOMEN AT THE RATE OF 55 CENTS AN HOUR.

IT WAS TO THE CHARWOMEN AND HEAD CHARWOMEN SO PAID THAT THE ACT OF AUGUST 23, 1935, WAS INTENDED TO APPLY AND IT GRANTS SUCH EMPLOYEES THE GRATUITY PAY PROVIDED FOR THEREIN ONLY FOR HOLIDAYS "UPON WHICH, UNDER EXISTING LAW, NO WORK IS PERFORMED BY THEM.' IN VIEW OF THIS SPECIFIC PROVISION, THE ACT MAY NOT BE CONSTRUED AS GIVING DOUBLE PAY FOR HOLIDAYS ON WHICH, UNDER EXISTING LAW, WORK IS PERFORMED BY THE CHARWOMEN OR HEAD CHARWOMEN AND PAID FOR "AT RATES TO BE FIXED BY THE LIBRARIAN.'

YOU ARE ADVISED, THEREFORE, THAT CHARWOMEN OF THE LIBRARY OF CONGRESS ARE NOT ENTITLED TO THE GRATUITY PAY FOR HOLIDAYS ON WHICH THEY WORK, BUT, UNDER EXISTING LAW AND ADMINISTRATIVE REGULATIONS THEY WOULD BE ENTITLED ONLY TO 1 1/4 TIMES THEIR REGULAR RATE OF COMPENSATION FOR WORK ON SUCH DAYS.