A-71578, APRIL 10, 1936, 15 COMP. GEN. 892

A-71578: Apr 10, 1936

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHO IS REQUIRED TO WORK ON A THURSDAY. IS NOT ENTITLED TO OVERTIME PAY IN LIEU OF COMPENSATORY TIME WHERE THE COMPENSATORY TIME WAS GRANTED WITHIN 5 DAYS AFTER THE WORK THURSDAY INSTEAD OF WITHIN 5 DAYS AFTER THE PRECEDING SATURDAY. DAILY SERVICE IS REQUIRED IN TERMINAL RAILWAY POST OFFICES AND WHILE AS MANY EMPLOYEES ARE SCHEDULED TO WORK MONDAY TO FRIDAY WITH SATURDAY AND SUNDAY OFF AS POSSIBLE. IT IS NECESSARY TO HAVE SOME ASSIGNMENTS INCLUDE SATURDAY AND SUNDAY AS REGULAR WORKING DAYS TO PROPERLY COVER SERVICE NECESSARY ON THOSE DAYS. WHICH WAS HIS SCHEDULED DAY OFF IN LIEU OF SATURDAY. WAS GIVEN COMPENSATORY TIME THEREFOR WITHIN FIVE WORKING DAYS AFTER DECEMBER 19. SINCE THAT WAS NOT DONE.

A-71578, APRIL 10, 1936, 15 COMP. GEN. 892

FORTY-HOUR WEEK - THURSDAY AND FRIDAY NONWORK DAYS - COMPENSATORY TIME A RAILWAY POSTAL CLERK ASSIGNED TO A TERMINAL RAILWAY POST OFFICE WHOSE REGULAR TOUR OF DUTY REQUIRED HIM TO WORK FROM SATURDAY TO WEDNESDAY, WITH THURSDAY AND FRIDAY AS THE DAYS OFF IN LIEU OF SATURDAY AND SUNDAY, WHO IS REQUIRED TO WORK ON A THURSDAY, IS NOT ENTITLED TO OVERTIME PAY IN LIEU OF COMPENSATORY TIME WHERE THE COMPENSATORY TIME WAS GRANTED WITHIN 5 DAYS AFTER THE WORK THURSDAY INSTEAD OF WITHIN 5 DAYS AFTER THE PRECEDING SATURDAY, DECEMBER 14, 1935.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, APRIL 10, 1936:

THERE HAS BEEN CONSIDERED YOUR LETTER OF FEBRUARY 25, 1936, AS FOLLOWS:

A PROTEST HAS BEEN RECEIVED FROM A RAILWAY POSTAL CLERK ASSIGNED TO DUTY IN A TERMINAL RAILWAY POST OFFICE AGAINST COMPENSATORY TIME GRANTED HIM FOR SERVICE PERFORMED ON SATURDAY, DECEMBER 14, 1935.

DAILY SERVICE IS REQUIRED IN TERMINAL RAILWAY POST OFFICES AND WHILE AS MANY EMPLOYEES ARE SCHEDULED TO WORK MONDAY TO FRIDAY WITH SATURDAY AND SUNDAY OFF AS POSSIBLE, IT IS NECESSARY TO HAVE SOME ASSIGNMENTS INCLUDE SATURDAY AND SUNDAY AS REGULAR WORKING DAYS TO PROPERLY COVER SERVICE NECESSARY ON THOSE DAYS. THE ASSIGNMENT IN WHICH THIS CLERK WORKED HAS THURSDAY AND FRIDAY SCHEDULED AS THE DAYS OFF IN LIEU OF SATURDAY AND SUNDAY, RESPECTIVELY. HE WORKED ON DECEMBER 19, WHICH WAS HIS SCHEDULED DAY OFF IN LIEU OF SATURDAY, DECEMBER 14, AND WAS GIVEN COMPENSATORY TIME THEREFOR WITHIN FIVE WORKING DAYS AFTER DECEMBER 19.

THE CLERK CLAIMS THE ACT OF AUGUST 14, 1935 (FORTY-HOUR-WEEK LAW), REQUIRES THAT HE SHOULD BE GIVEN COMPENSATORY TIME FOR SATURDAY, DECEMBER 14, WITHIN FIVE WORKING DAYS FROM THAT DATE, AND SINCE THAT WAS NOT DONE, HE SHOULD HAVE BEEN PAID FOR THE SERVICE AS OVERTIME.

A RULING IS REQUESTED AS TO WHETHER THE GRANTING OF COMPENSATORY TIME WITHIN FIVE REGULARLY SCHEDULED WORKING DAYS IN THE ASSIGNMENT AFTER DECEMBER 19 IN THIS CASE WAS CORRECT.

SINCE THE EMPLOYEE'S REGULAR TOUR OF DUTY IN THIS CASE REQUIRED HIM TO WORK FROM SATURDAY TO WEDNESDAY--- WITH THURSDAY AND FRIDAY SCHEDULED AS THE DAYS OFF IN LIEU OF SATURDAY AND SUNDAY--- AND SINCE, ALSO, THE EMPLOYEE WORKED ON THURSDAY, DECEMBER 19, 1935, WHICH WAS HIS SCHEDULED DAY OFF IN LIEU OF SATURDAY DECEMBER 14, 1935, THIS OFFICE IS NOT REQUIRED TO OBJECT TO THE ADMINISTRATIVE ACTION IN GRANTING COMPENSATORY TIME TO THE SAID EMPLOYEE WITHIN 5 REGULARLY SCHEDULED WORKING DAYS IN HIS ASSIGNMENT AFTER DECEMBER 19, 1935--- SUCH ACTION APPEARING TO COME WITHIN THE SPIRIT AND INTENT OF THE ACT OF AUGUST 14, 1935, PROVIDING FOR THE GRANTING OF COMPENSATORY TIME FOR "EXCESS SERVICE" EMBRACED THEREUNDER. AND THE FACT THAT IN SUCH CASE, THE COMPENSATORY TIME WAS NOT GRANTED WITHIN 5 DAYS FROM SATURDAY, DECEMBER 14, DOES NOT ENTITLE THE EMPLOYEE TO OVERTIME PAY IN LIEU OF COMPENSATORY TIME.