A-71178, FEBRUARY 21, 1936, 15 COMP. GEN. 714

A-71178: Feb 21, 1936

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ARE ENTITLED TO GRATUITY PAY FOR WASHINGTON'S BIRTHDAY. 1936: THERE WAS RECEIVED YOUR LETTER OF FEBRUARY 15. AS FOLLOWS: YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER PER DIEM EMPLOYEES. SIMILAR PER DIEM EMPLOYEES ELSEWHERE IN THE LIGHTHOUSE SERVICE ARE ENTITLED TO GRATUITY PAY ON WASHINGTON'S BIRTHDAY. THE EMPLOYEES IN QUESTION ARE ON A FORTY-HOUR WEEK BASIS. REFERENCE IS MADE TO THE DECISION IN 14 COMP. 370) HELD (QUOTING FROM SYLLABUS) THAT "PER DIEM EMPLOYEES OF THE NAVAL ESTABLISHMENT WHOSE REGULAR TOUR OF DUTY OF FORTY HOURS PER WEEK IS ON FIVE DAYS PER WEEK ARE ENTITLED TO GRATUITY OR HOLIDAY PAY FOR A LEGAL HOLIDAY FALLING ON A NONWORK DAY ON WHICH NO WORK IS PERFORMED.'.

A-71178, FEBRUARY 21, 1936, 15 COMP. GEN. 714

COMPENSATION - HOLIDAYS - FORTY-HOUR WEEK PER DIEM EMPLOYEES IN THE LIGHTHOUSE SERVICE ON A 40-HOUR, 5-DAY WEEK SCHEDULE, MONDAY TO FRIDAY, INCLUSIVE, ARE ENTITLED TO GRATUITY PAY FOR WASHINGTON'S BIRTHDAY, FEBRUARY 22, 1936, WHICH FALLS ON SATURDAY, A NONWORK DAY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF COMMERCE, FEBRUARY 21, 1936:

THERE WAS RECEIVED YOUR LETTER OF FEBRUARY 15, 1936, AS FOLLOWS:

YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER PER DIEM EMPLOYEES, MECHANICS, LABORERS, ETC., AT THE GENERAL LIGHTHOUSE DEPOT, STATEN ISLAND, NEW YORK, AND SIMILAR PER DIEM EMPLOYEES ELSEWHERE IN THE LIGHTHOUSE SERVICE ARE ENTITLED TO GRATUITY PAY ON WASHINGTON'S BIRTHDAY, FEBRUARY 22, 1936, A LEGAL HOLIDAY, WHICH FALLS ON SATURDAY.

THE EMPLOYEES IN QUESTION ARE ON A FORTY-HOUR WEEK BASIS, PURSUANT TO THE PROVISIONS OF SECTION 23 OF THE ACT APPROVED MARCH 28, 1934 (48 STAT. 522), WITH A REGULAR TOUR OF DUTY FROM MONDAY TO FRIDAY, INCLUSIVE. REFERENCE IS MADE TO THE DECISION IN 14 COMP. GEN. 215, AND TO MEMORANDUM OF JULY 28, 1934, FROM THE COMMISSIONER OF LIGHTHOUSES QUOTED THEREIN.

YOUR DECISION OF MAY 19, 1934, TO THE SECRETARY OF THE NAVY (13 COMP. GEN., 370) HELD (QUOTING FROM SYLLABUS) THAT "PER DIEM EMPLOYEES OF THE NAVAL ESTABLISHMENT WHOSE REGULAR TOUR OF DUTY OF FORTY HOURS PER WEEK IS ON FIVE DAYS PER WEEK ARE ENTITLED TO GRATUITY OR HOLIDAY PAY FOR A LEGAL HOLIDAY FALLING ON A NONWORK DAY ON WHICH NO WORK IS PERFORMED.' APPEARS TO THE DEPARTMENT THAT THE EMPLOYEES OF THE LIGHTHOUSE SERVICE REFERRED TO HEREIN WOULD LIKEWISE BE ENTITLED TO GRATUITY PAY ON A LEGAL HOLIDAY OCCURRING UNDER THE SAME CONDITIONS. DOUBT IS ENTERTAINED ONLY FOR THE REASON THAT THE DECISION LAST CITED EXPRESSLY SPECIFIES EMPLOYEES OF THE NAVAL ESTABLISHMENT.

YOUR QUESTION IS ANSWERED IN THE AFFIRMATIVE. SEE DECISION OF FEBRUARY 13, 1936, TO THE SECRETARY OF THE NAVY, A-70518, 15 COMP. GEN. 700.