A-67003, DECEMBER 7, 1935, 15 COMP. GEN. 477

A-67003: Dec 7, 1935

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ARE ENTITLED TO STRAIGHT NIGHT WORK DIFFERENTIAL RATE FOR THE TIME EXTENDING BEYOND 6 P.M. ARE NOT ENTITLED TO OVERTIME RATE OF PAY. 1935: THERE WAS RECEIVED YOUR LETTER OF SEPTEMBER 26. I FEEL THAT AN EXACT AND DETAILED EXPLANATION OF HOW THIS OVERTIME WAS WORKED WILL SHOW THAT THE CLERKS WERE ENTITLED TO NIGHT OVERTIME DIFFERENTIAL PAY RATHER THAN REGULAR NIGHT DIFFERENTIAL PAY. 1. THIS MADE 2 HOURS NIGHT OVERTIME AND WAS PAID FOR AS SUCH. THE PLAIN OVERTIME OF 4 HOURS WAS TAKEN OFF AS SATURDAY COMPENSATORY TIME DUE. 2. OF WHICH 2 HOURS WERE NIGHT OVERTIME FROM 6 TO 8 P.M. WERE PAID AS NIGHT OVERTIME. TWO HOURS OF THIS WERE NIGHT OVERTIME. WERE PAID AS SUCH. THE 4 HOURS PLAIN OVERTIME WERE TAKEN OFF AS SATURDAY COMPENSATORY TIME DUE.

A-67003, DECEMBER 7, 1935, 15 COMP. GEN. 477

COMPENSATION - NIGHT WORK - POST OFFICE DEPARTMENT CLERKS IN FIRST AND SECOND CLASS POST OFFICES WHO, ON SATURDAYS, WORK IN EXCESS OF FOUR HOURS BUT NOT IN EXCESS OF EIGHT HOURS, AND BEYOND 6 P.M., FOR WHICH EXCESS TIME THE LAW PROVIDES THAT COMPENSATORY TIME OFF SHALL BE GRANTED, ARE ENTITLED TO STRAIGHT NIGHT WORK DIFFERENTIAL RATE FOR THE TIME EXTENDING BEYOND 6 P.M., BASED ON THEIR REGULAR DAY TIME RATE OF PAY, BUT ARE NOT ENTITLED TO OVERTIME RATE OF PAY.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE POSTMASTER, INGLEWOOD, CALIF. DECEMBER 7, 1935:

THERE WAS RECEIVED YOUR LETTER OF SEPTEMBER 26, 1935, AS FOLLOWS:

REPLYING TO YOUR LETTER OF SEPT. 13, 1935, P-CH, RELATIVE TO NIGHT WORK DIFFERENTIAL PAID CERTAIN REGULAR CLERKS IN THE JUNE QUARTER, AND DEBITING THEM WITH A TOTAL OF ELEVEN CENTS IN REFUNDS, I FEEL THAT AN EXACT AND DETAILED EXPLANATION OF HOW THIS OVERTIME WAS WORKED WILL SHOW THAT THE CLERKS WERE ENTITLED TO NIGHT OVERTIME DIFFERENTIAL PAY RATHER THAN REGULAR NIGHT DIFFERENTIAL PAY.

1. FRANK R. BAUS--- ON SATURDAY, APRIL 27TH, HE WORKED 8 HOURS, OR 4 HOURS SATURDAY OVERTIME, WORKING UNTIL 8:00 P.M. THIS MADE 2 HOURS NIGHT OVERTIME AND WAS PAID FOR AS SUCH. THE PLAIN OVERTIME OF 4 HOURS WAS TAKEN OFF AS SATURDAY COMPENSATORY TIME DUE.

2. A. O. BENSON--- ON FRIDAY, MAY 16TH, HE WORKED 3 HRS. 22 MIN. OVERTIME, OF WHICH 2 HOURS WERE NIGHT OVERTIME FROM 6 TO 8 P.M. AND WERE PAID AS NIGHT OVERTIME. ON SATURDAY, MAY 18TH, BENSON WORKED 8 HOURS, OR 4 HOURS SATURDAY OVERTIME. TWO HOURS OF THIS WERE NIGHT OVERTIME, FROM 6 TO 8 P.M., AND WERE PAID AS SUCH. THE 4 HOURS PLAIN OVERTIME WERE TAKEN OFF AS SATURDAY COMPENSATORY TIME DUE. ON SATURDAY, MAY 25TH, BENSON AGAIN WORKED 8 HOURS, OR 4 HOURS SATURDAY OVERTIME * * * TWO HOURS OF THIS OVERTIME WERE FROM 6 TO 8:00 P.M.--- NIGHT OVERTIME--- AND WERE PAID AS SUCH, WHILE THE FOUR HOURS PLAIN OVERTIME WERE TAKEN OFF AS SATURDAY COMPENSATORY TIME DUE.

3. F. J. EBERHART--- ON SATURDAY, APRIL 20TH, HE WORKED 8 HOURS OR 4 HOURS SATURDAY OVERTIME. TWO HOURS OF THIS TIME WERE FROM 6:00 TO 8:00 P.M. AND WERE PAID AS NIGHT OVERTIME. THE FOUR HOURS PLAIN OVERTIME WERE TAKEN OFF AS SATURDAY COMPENSATORY TIME DUE.

4. S. F. THOMAS--- ON SATURDAY, APRIL 6TH, HE WORKED 8 HOURS, OR 4 HOURS SATURDAY OVERTIME. OF THIS FOUR HOURS 2 HOURS WERE FROM 6:00 TO 8:00 P.M. OR 2 HOURS NIGHT OVERTIME, PAID AS NIGHT O.T. THE FOUR HOURS PLAIN OVERTIME WERE TAKEN OFF AS SATURDAY COMPENSATORY TIME DUE.

2B. S. F. THOMAS--- ON SATURDAY, JUNE 15TH, THOMAS WORKED EIGHT HOURS, OR 4 HOURS SATURDAY OVERTIME. OF THIS 4 HOURS OVERTIME TWO HOURS WERE FROM 6:00 TO 8:00 P.M. AND WERE PAID AS NIGHT OVERTIME. THE FOUR HOURS PLAIN OVERTIME WERE TAKEN OFF LATER AS SATURDAY COMPENSATORY TIME DUE. (IN THE ABOVE EXPLANATIONS WHEN I SPEAK OF CERTAIN HOURS BEING "TAKEN OFF" I MEAN THE EMPLOYEE WAS GIVEN THE SAME NUMBER OF HOURS ABSENCE FROM DUTY, WITHOUT LOSS IN PAY, AS AUTHORIZED COMPENSATION FOR SATURDAY OVERTIME SERVICE.)

KINDLY ADVISE, ALSO TAKING INTO CONSIDERATION THE FACT THAT NO ONE OF THESE CLERKS IS REGULARLY SCHEDULED FOR DUTY AFTER 6:00 P.M. BUT THAT THEY TAKE TURNS ON SATURDAYS MAKING THE FINAL NIGHT DISPATCH OF MAIL FROM THIS OFFICE.

IN YOUR ACCOUNTS YOU CLAIMED CREDIT FOR OVERTIME NIGHT WORK DIFFERENTIAL COMPENSATION PAID THESE EMPLOYEES FOR THE 2 HOURS FROM 6 TO 8 P.M., WHICH WAS REDUCED IN THE AUDIT TO STRAIGHT NIGHT WORK DIFFERENTIAL COMPENSATION FOR THE SAID 2 HOURS, RESULTING IN A DISALLOWANCE OF 11 CENTS.

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

* * * THAT IN CASES OF EMERGENCY, OR IF THE NEEDS OF THE SERVICE REQUIRE, AND IT IS NOT PRACTICABLE TO EMPLOY SUBSTITUTES, SPECIAL CLERKS, CLERKS, AND LABORERS, IN FIRST AND SECOND CLASS POST OFFICES AND CARRIERS IN THE CITY DELIVERY SERVICE CAN BE REQUIRED TO WORK IN EXCESS OF EIGHT HOURS PER DAY, AND FOR SUCH OVERTIME SERVICE THEY SHALL BE PAID ON THE BASIS OF THE ANNUAL PAY RECEIVED BY SUCH EMPLOYEES: 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: AND PROVIDED FURTHER, 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: * *

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

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 SIX O-CLOCK POST MERIDIAN AND SIX O-CLOCK ANTEMERIDIAN.

THE ACT OF FEBRUARY 17, 1931, 46 STAT. 1164, 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, TO PERFORM SERVICE IN EXCESS OF FOUR HOURS 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: * * *

IN 7 COMP. GEN. 778, IT WAS HELD THAT:

THE 10 PERCENT EXTRA PAY AUTHORIZED BY THE ACT OF MAY 24, 1928, 45 STAT. 725, TO BE PAID TO POSTAL EMPLOYEES FOR NIGHT WORK IS TO BE APPLIED TO OVERTIME WORK AT NIGHT, THAT IS, IN EXCESS OF 8 HOURS, ON THE BASIS OF 306 DAYS PER ANNUM, FOR ALL POSTAL EMPLOYEES ENTITLED TO BOTH OVERTIME PAY AND EXTRA PAY FOR NIGHT WORK.

THE PROVISIONS IN THE ABOVE QUOTED ACTS AUTHORIZING PAYMENT OF OVERTIME COMPENSATION, EXTRA PAY FOR NIGHT WORK AT THE RATE OF "10 PERCENTUM OF THEIR HOURLY PAY PER HOUR," AND THE GRANTING OF COMPENSATORY TIME FOR WORK ON SATURDAYS IN EXCESS OF 4 HOURS, ARE TO BE SO APPLIED AS TO GIVE EFFECT TO EACH IN THE CLASS OF CASES TO WHICH IT APPLIES. TIME WORKED ON SATURDAYS IN EXCESS OF 4 HOURS BUT NOT IN EXCESS OF 8 HOURS AND FOR WHICH THE LAW PROVIDES THAT COMPENSATORY TIME OFF SHALL BE GRANTED IS NOT TO BE REGARDED AS OVERTIME SERVICE, THAT IS,"WORK IN EXCESS OF 8 HOURS PER Y," FOR WHICH THE ACT OF FEBRUARY 28, 1925, SUPRA, AUTHORIZES OVERTIME PAY AT A RATE PER HOUR TO BE COMPUTED AS THEREIN PROVIDED. ACCORDINGLY, THE EMPLOYEES MENTIONED IN YOUR LETTER WERE NOT ENTITLED TO BE PAID THE DIFFERENTIAL RATE FOR NIGHT WORK ON SATURDAY AS AN OVERTIME PAY, THAT IS, ON A RATE PER HOUR BASED ON 306 DAYS PER ANNUM. BUT AS 2 HOURS OF THE WORK WERE AT NIGHT THE CLERKS WERE ENTITLED TO THE STRAIGHT NIGHT WORK DIFFERENTIAL RATE FOR 2 HOURS' WORK, THAT IS, TO 10 PERCENT OF THEIR REGULAR DAY TIME COMPENSATION PER HOUR ON A BASIS OF 365 DAYS PER ANNUM FOR EACH HOUR WORKED AT NIGHT.