A-71097, FEBRUARY 19, 1936, 15 COMP. GEN. 711

A-71097: Feb 19, 1936

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 GRATUITY PAY ON THE BASIS OF 5 HOURS FOR A HOLIDAY FALLING ON SATURDAY. IF NO WORK IS PERFORMED ON THAT DAY. 1936: THERE WAS RECEIVED YOUR LETTER OF FEBRUARY 14. IT WAS NECESSARY TO PUT CERTAIN SECTIONS OF THE OFFICE ON THREE FULL SHIFTS. IN ORDER TO OBTAIN 40 HOURS' PRODUCTION FOR 40 HOURS' PAY IT WAS NECESSARY TO ABANDON THE 5-DAY WEEK. ONLY 37 1/2 HOURS' PRODUCTION WOULD HAVE BEEN POSSIBLE. IN REVERTING TO THE 6-DAY WEEK AND IN ORDER TO HAVE THE EMPLOYEES PRESENT FOR A SUFFICIENT LENGTH OF TIME ON SATURDAYS TO GET OUT THE CONGRESSIONAL RECORD. THE 40 HOURS REQUIRED BY THE ACT CITED ABOVE WERE DIVIDED OVER THE WEEK AS FOLLOWS: 7 HOURS A DAY FOR EACH DAY FROM MONDAY TO FRIDAY.

A-71097, FEBRUARY 19, 1936, 15 COMP. GEN. 711

COMPENSATION - HOLIDAYS - FORTY-HOUR WEEK PER DIEM EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WHOSE TOUR OF DUTY HAS BEEN ADJUSTED ON THE BASIS OF FORTY HOURS PER WEEK SO AS TO REQUIRE 7 HOURS' WORK ON 5 DAYS, MONDAY TO FRIDAY INCLUSIVE, AND 5 HOURS ON SATURDAY, ARE ENTITLED TO GRATUITY PAY ON THE BASIS OF 5 HOURS FOR A HOLIDAY FALLING ON SATURDAY, IF NO WORK IS PERFORMED ON THAT DAY.

COMPTROLLER GENERAL MCCARL TO THE PUBLIC PRINTER, FEBRUARY 19, 1936:

THERE WAS RECEIVED YOUR LETTER OF FEBRUARY 14, 1936, AS FOLLOWS:

THE QUESTION HAS ARISEN AS TO THE AMOUNT OF TIME TO BE ALLOWED THE HOURLY EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE FOR SATURDAY, FEBRUARY 22, IN VIEW OF SECTION 44, TITLE 44, U.S. CODE, AND THE PROVISIONS OF THE 40-HOUR WEEK LAW (SEC. 23, PUBLIC, 141, 73D CONG.).

ON DECEMBER 16, 1935, DUE TO THE CROWDED CONDITIONS IN THE OFFICE, THE VOLUME OF WORK ON HAND, AND THE APPROACHING OPENING OF CONGRESS, IT WAS NECESSARY TO PUT CERTAIN SECTIONS OF THE OFFICE ON THREE FULL SHIFTS, AND IN ORDER TO OBTAIN 40 HOURS' PRODUCTION FOR 40 HOURS' PAY IT WAS NECESSARY TO ABANDON THE 5-DAY WEEK, AS UNDER IT, IN VIEW OF THE FACT THAT TIME HAS TO BE ALLOWED FOR LUNCH, ONLY 37 1/2 HOURS' PRODUCTION WOULD HAVE BEEN POSSIBLE. IN REVERTING TO THE 6-DAY WEEK AND IN ORDER TO HAVE THE EMPLOYEES PRESENT FOR A SUFFICIENT LENGTH OF TIME ON SATURDAYS TO GET OUT THE CONGRESSIONAL RECORD, THE 40 HOURS REQUIRED BY THE ACT CITED ABOVE WERE DIVIDED OVER THE WEEK AS FOLLOWS: 7 HOURS A DAY FOR EACH DAY FROM MONDAY TO FRIDAY, INCLUSIVE, AND 5 HOURS ON SATURDAY, AND IT IS PROPOSED TO MAINTAIN THIS SCHEDULE UNTIL CONGRESS ADJOURNS. UNDER THESE CONDITIONS THE ALLOWANCE OF 5 HOURS' PAY FOR FEBRUARY 22 WOULD, OF COURSE, GIVE THE EMPLOYEE THE 40 HOURS' PAY WHICH HE USUALLY RECEIVES FOR THE WEEK. HOWEVER, IN VIEW OF THE POSSIBILITY OF A HOLDING THAT SECTION 44, TITLE 44, U.S. CODE, MIGHT REQUIRE A DAY'S PAY FOR SATURDAY, FEBRUARY 22, I WOULD APPRECIATE YOUR DECISION IN THE MATTER.

IF IT IS HELD THAT A DAY'S PAY IS REQUIRED, PLEASE ADVISE AS TO THE NUMBER OF HOURS WHICH SHOULD BE ALLOWED, AND IN VIEW OF THE FACT THAT A DAY'S ALLOWANCE FOR SATURDAY WOULD REQUIRE THE PAYMENT FOR MORE THAN 40 HOURS FOR THE WEEK ENDING FEBRUARY 22, SHOULD THE HOURS IN EXCESS OF 40 BE PAID FOR AT THE REGULAR OR OVERTIME RATE?

YOUR DECISION IN ADVANCE OF THE PREPARATION OF THE PAY ROLL WOULD BE GREATLY APPRECIATED, AS IT WOULD ELIMINATE THE POSSIBILITY OF OVER 5,000 PAY-ROLL ADJUSTMENTS.

IN DECISION OF OCTOBER 22, 1935, 15 COMP. GEN. 320, IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

PER-DIEM EMPLOYEES OF THE PANAMA CANAL WHOSE REGULAR TOUR OF DUTY HAS BEEN ADJUSTED ON THE BASIS OF 40 HOURS PER WEEK UNDER THE TERMS OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, SO AS TO REQUIRE 7 HOURS' WORK ON 5 DAYS, MONDAY TO FRIDAY, INCLUSIVE, AND 5 HOURS ON SATURDAY, WOULD BE ENTITLED TO GRATUITY PAY ON THE BASIS OF 7 HOURS FOR A HOLIDAY FALLING ON ANY DAY FROM MONDAY TO FRIDAY, INCLUSIVE, AND ON THE BASIS OF 5 HOURS FOR A HOLIDAY FALLING ON SATURDAY. * * *

THE SAME RULE IS APPLICABLE IN COMPUTING THE GRATUITY PAY OF PER DIEM EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE FOR SATURDAY, FEBRUARY 22, 1936. THAT IS, ON THE BASIS OF THE WORKING SCHEDULE STATED IN YOUR LETTER, SAID EMPLOYEES WOULD BE ENTITLED TO 5 HOURS' COMPENSATION FOR FEBRUARY 22, IF NO WORK IS PERFORMED ON THAT DAY.