A-86792, JUNE 28, 1937, 16 COMP. GEN. 1120

A-86792: Jun 28, 1937

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IS AS FOLLOWS: IN VIEW OF JOINT RESOLUTION OF CONGRESS. IS IN THE SAME CATEGORY AS THE FIRST DAY OF JANUARY. WHO WERE REQUIRED TO WORK ON JANUARY 20. ARE ENTITLED TO GRATUITY PAY IN ADDITION TO THEIR REGULAR COMPENSATION FOR THAT DAY. IS NOT LIMITED TO PER DIEM EMPLOYEES BUT IS APPLICABLE TO ALL EMPLOYEES OF THE FEDERAL AND DISTRICT OF COLUMBIA GOVERNMENTS IN THE DISTRICT OF COLUMBIA WHOSE OFFICES WERE CLOSED BY REASON OF THE HOLIDAY. IS REQUIRED TO BE REGARDED AS A DUTY DAY. THAT IS. YOUR DECISION ON THIS QUESTION IS REQUESTED. IN ORDER TO DETERMINE THE EFFECT AND PURPORT OF THIS STATUTE THERE IS REQUIRED A CAREFUL COMPARISON OF THE WORDING OF SAID STATUTE WITH THE THREE STATUTES WHICH HAVE BEEN HELD TO GRANT GRATUITY PAY TO BONA FIDE PER DIEM EMPLOYEES FOR THE SEVEN NATIONAL LEGAL HOLIDAYS ON WHICH NO WORK IS PERFORMED AND TWO DAYS' PAY FOR SAID LEGAL HOLIDAYS ON WHICH WORK IS PERFORMED.

A-86792, JUNE 28, 1937, 16 COMP. GEN. 1120

COMPENSATION - PER DIEM EMPLOYEES REQUIRED TO WORK INAUGURATION DAY, 1937 PUBLIC RESOLUTION NO. 18, APPROVED MARCH 29, 1937, WHICH PROVIDES THAT FEDERAL EMPLOYEES IN THE DISTRICT OF COLUMBIA, AND DISTRICT OF COLUMBIA EMPLOYEES WHO "DID NOT WORK ON WEDNESDAY JANUARY 20, 1937 (INAUGURATION DAY), DUE TO THE CLOSING OF THEIR PLACES OF EMPLOYMENT ON ACCOUNT OF THE HOLIDAY, SHALL BE ENTITLED TO PAY FOR SAID HOLIDAY," DOES NOT AUTHORIZE THE PAYMENT OF TWO DAYS' PAY--- GRATUITY PAY AND REGULAR COMPENSATION--- FOR PER DIEM WORKERS REQUIRED TO WORK ON THAT DAY.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, JUNE 28, 1937:

YOUR LETTER OF JUNE 7, 1937, IS AS FOLLOWS:

IN VIEW OF JOINT RESOLUTION OF CONGRESS, APPROVED MARCH 29, 1937, PROVIDING THAT "THE EMPLOYEES OF THE UNITED STATES GOVERNMENT IN THE DISTRICT OF COLUMBIA AND THE EMPLOYEES OF THE DISTRICT OF COLUMBIA WHO COME WITHIN THE PROVISIONS OF THE ACT APPROVED JUNE 18, 1888, AND WHO, UNDER THE PROVISIONS OF SAID ACT, DID NOT WORK ON WEDNESDAY, JANUARY 20, 1937, DUE TO THE CLOSING OF THEIR PLACES OF EMPLOYMENT ON ACCOUNT OF THE HOLIDAY, SHALL BE ENTITLED TO PAY FOR SAID HOLIDAY," AND INAUGURATION DAY BEING A LEGAL HOLIDAY IN THE DISTRICT OF COLUMBIA UNDER THE PROVISIONS OF THE ACT OF JUNE 18, 1888 (25 STAT. 185) AND THE ACT OF MARCH 3, 1901 (31 STAT. 1404), AS AMENDED BY THE ACT OF JUNE 30, 1902 (32 STAT. 543), THE DEPARTMENT UNDER DATE OF APRIL 13, 1937, ADVISED ALL ITS ACTIVITIES IN THE DISTRICT OF COLUMBIA THAT INAUGURATION DAY, JANUARY 20, 1937, IS IN THE SAME CATEGORY AS THE FIRST DAY OF JANUARY, THE 22D OF FEBRUARY, THE 4TH OF JULY, AND OTHER LEGAL HOLIDAYS.

PRIOR TO MAKING PAYMENT TO CERTAIN PER DIEM EMPLOYEES OF THE WASHINGTON NAVY YARD UNDER THE JOINT RESOLUTION AND THE INSTRUCTIONS ABOVE REFERRED TO, THE DISBURSING OFFICER OF THE WASHINGTON NAVY YARD HAS REQUESTED THAT AN ADVANCE DECISION BE OBTAINED TO DETERMINE WHETHER SUCH EMPLOYEES, WHO WERE REQUIRED TO WORK ON JANUARY 20, 1937, ARE ENTITLED TO GRATUITY PAY IN ADDITION TO THEIR REGULAR COMPENSATION FOR THAT DAY, IN VIEW OF THE DECISION OF THE COMPTROLLER GENERAL OF APRIL 10, 1937, WHICH READS, IN PART, AS FOLLOWS:

"UNLIKE THE ACTS OF JANUARY 6, 1885, FEBRUARY 23, 1887, AND JUNE 28, 1894 SUPRA, GRANTING HOLIDAY PAY, THE PUBLIC RESOLUTION OF MARCH 29, 1937, GRANTING HOLIDAY PAY FOR JANUARY 20, 1937, INAUGURATION DAY, IS NOT LIMITED TO PER DIEM EMPLOYEES BUT IS APPLICABLE TO ALL EMPLOYEES OF THE FEDERAL AND DISTRICT OF COLUMBIA GOVERNMENTS IN THE DISTRICT OF COLUMBIA WHOSE OFFICES WERE CLOSED BY REASON OF THE HOLIDAY, REGARDLESS OF THE BASIS OF EMPLOYMENT AND INCLUDING THOSE EMPLOYED BY THE DAY AND PAID ONLY WHEN ACTUALLY EMPLOYED. IN OTHER WORDS, IN COMPUTING COMPENSATION OF ANY EMPLOYEE IN THE DISTRICT OF COLUMBIA, JANUARY 20, 1937, IS REQUIRED TO BE REGARDED AS A DUTY DAY, THAT IS, AS THOUGH THE EMPLOYEE HAD ACTUALLY WORKED ON SAID DAY.'

YOUR DECISION ON THIS QUESTION IS REQUESTED.

PUBLIC RESOLUTION NO. 18, APPROVED MARCH 29, 1937, 50 STAT. 56, PROVIDES AS FOLLOWS:

THAT THE EMPLOYEES OF THE UNITED STATES GOVERNMENT IN THE DISTRICT OF COLUMBIA AND THE EMPLOYEES OF THE DISTRICT OF COLUMBIA WHO COME WITHIN THE PROVISIONS OF THE ACT APPROVED JUNE 18, 1888, AND WHO, UNDER THE PROVISIONS OF SAID ACT, DID NOT WORK ON WEDNESDAY, JANUARY 20, 1937, DUE TO THE CLOSING OF THEIR PLACES OF EMPLOYMENT ON ACCOUNT OF THE HOLIDAY, SHALL BE ENTITLED TO PAY FOR SAID HOLIDAY.

IN ORDER TO DETERMINE THE EFFECT AND PURPORT OF THIS STATUTE THERE IS REQUIRED A CAREFUL COMPARISON OF THE WORDING OF SAID STATUTE WITH THE THREE STATUTES WHICH HAVE BEEN HELD TO GRANT GRATUITY PAY TO BONA FIDE PER DIEM EMPLOYEES FOR THE SEVEN NATIONAL LEGAL HOLIDAYS ON WHICH NO WORK IS PERFORMED AND TWO DAYS' PAY FOR SAID LEGAL HOLIDAYS ON WHICH WORK IS PERFORMED, VIS, THE ACTS OF JANUARY 6, 1885, 23 STAT. 516; FEBRUARY 23, 1887, 24 STAT. 644; AND JUNE 28, 1894, 28 STAT. 96, PROVIDING, RESPECTIVELY, AS FOLLOWS:

THAT THE EMPLOYEES OF THE NAVY YARD, GOVERNMENT PRINTING OFFICE, BUREAU OF PRINTING AND ENGRAVING, AND ALL OTHER PER DIEM EMPLOYEES OF THE GOVERNMENT ON DUTY AT WASHINGTON, OR ELSEWHERE IN THE UNITED STATES, SHALL BE ALLOWED THE FOLLOWING HOLIDAYS, TO WIT: THE FIRST DAY OF JANUARY, THE TWENTY-SECOND DAY OF FEBRUARY, THE FOURTH DAY OF JULY, THE TWENTY-FIFTH DAY OF DECEMBER, AND SUCH DAYS AS MAY BE DESIGNATED BY THE PRESIDENT AS DAYS FOR NATIONAL THANKSGIVING, AND SHALL RECEIVE THE SAME PAY AS ON OTHER DAYS.

THAT ALL PER DIEM EMPLOYEES OF THE GOVERNMENT, ON DUTY AT WASHINGTON, OR ELSEWHERE IN THE UNITED STATES, SHALL BE ALLOWED THE DAY OF EACH YEAR WHICH IS CELEBRATED AS "MEMORIAL" OR ,DECORATION DAY" AND THE FOURTH OF JULY OF EACH YEAR, AS HOLIDAY, AND SHALL RECEIVE THE SAME PAY AS ON OTHER DAYS.

THAT THE FIRST MONDAY OF SEPTEMBER IN EACH YEAR, BEING THE DAY CELEBRATED AND KNOWN AS "LABOR'S HOLIDAY," IS HEREBY MADE A LEGAL PUBLIC HOLIDAY, TO ALL INTENTS AND PURPOSES IN THE SAME MANNER AS CHRISTMAS, THE FIRST DAY OF JANUARY, THE TWENTY-SECOND DAY OF FEBRUARY, THE THIRTIETH DAY OF MAY, AND THE FOURTH DAY OF JULY ARE NOW MADE BY LAW PUBLIC HOLIDAYS.

UNLIKE THESE EARLIER STATUTES, THE RESOLUTION OF MARCH 29, 1937, DOES NOT PROVIDE THAT PER DIEM EMPLOYEES IN THE DISTRICT OF COLUMBIA "SHALL RECEIVE THE SAME PAY AS ON OTHER DAYS" FOR JANUARY 20, 1937, INAUGURATION DAY, BUT SIMPLY PROVIDES THAT ALL EMPLOYEES, INCLUDING PER DIEM EMPLOYEES, WHO "DID NOT WORK ON WEDNESDAY, JANUARY 20, 1937, DUE TO THE CLOSING OF THEIR PLACES OF EMPLOYMENT ON ACCOUNT OF THE HOLIDAY, SHALL BE ENTITLED TO PAY FOR SAID HOLIDAY.' THE PURPOSE OF THE ACT WAS TO SAVE ALL EMPLOYEES, INCLUDING PER DIEM EMPLOYEES, FROM LOSS OF PAY FOR JANUARY 20, 1937, IF THEY WERE PREVENTED FROM WORKING BECAUSE OF THE CLOSING OF THEIR PLACES OF EMPLOYMENT ON THAT DAY, AND THERE IS NO PURPOSE OR INTENT SHOWN TO GRANT 2 DAYS' PAY IF THE PLACE OF EMPLOYMENT WAS NOT CLOSED, OR IF WORK WAS OTHERWISE REQUIRED OR PERMITTED ON SAID DAY. SEE 10 COMP. GEN. 77.