A-87456, AUGUST 14, 1937, 17 COMP. GEN. 138

A-87456: Aug 14, 1937

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COMPENSATION - SUNDAY INTERVENING BETWEEN RESIGNATION AND APPOINTMENT TO ANOTHER POSITION EMPLOYEE WHOSE RESIGNATION WAS ACCEPTED BY ONE GOVERNMENT DEPARTMENT EFFECTIVE ON SATURDAY AND WHO ENTERED ON DUTY WITH ANOTHER GOVERNMENT DEPARTMENT ON THE FOLLOWING MONDAY. IS NOT ENTITLED TO COMPENSATION FOR THE INTERVENING SUNDAY. NOTWITHSTANDING ALLEGED "AGREEMENT" BETWEEN THE EXECUTIVE DEPARTMENTS THAT WHERE A TRANSFER TAKES PLACE ON MONDAY THE TRANSFERRING AGENCY WILL PAY EMPLOYEE FOR THE INTERVENING SUNDAY. IS AS FOLLOWS: YOUR ATTENTION IS RESPECTFULLY INVITED TO THE CLAIM OF THE DEPARTMENT OF AGRICULTURE. LICHTENSTEIN WAS EMPLOYED BY THE RESETTLEMENT ADMINISTRATION AS A RESEARCH ASSISTANT AT A SALARY OF $2.

A-87456, AUGUST 14, 1937, 17 COMP. GEN. 138

COMPENSATION - SUNDAY INTERVENING BETWEEN RESIGNATION AND APPOINTMENT TO ANOTHER POSITION EMPLOYEE WHOSE RESIGNATION WAS ACCEPTED BY ONE GOVERNMENT DEPARTMENT EFFECTIVE ON SATURDAY AND WHO ENTERED ON DUTY WITH ANOTHER GOVERNMENT DEPARTMENT ON THE FOLLOWING MONDAY, IS NOT ENTITLED TO COMPENSATION FOR THE INTERVENING SUNDAY, NOTWITHSTANDING ALLEGED "AGREEMENT" BETWEEN THE EXECUTIVE DEPARTMENTS THAT WHERE A TRANSFER TAKES PLACE ON MONDAY THE TRANSFERRING AGENCY WILL PAY EMPLOYEE FOR THE INTERVENING SUNDAY, AS SUCH "AGREEMENT" NECESSARILY CONTEMPLATES RETENTION ON THE ROLLS OF THE TRANSFERRING AGENCY FOR THE SUNDAY INVOLVED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF AGRICULTURE, AUGUST 14, 1937:

YOUR LETTER OF JULY 1, 1937, IS AS FOLLOWS:

YOUR ATTENTION IS RESPECTFULLY INVITED TO THE CLAIM OF THE DEPARTMENT OF AGRICULTURE, RESETTLEMENT ADMINISTRATION, AGAINST HOWARD LICHTENSTEIN, A FORMER EMPLOYEE, NOW EMPLOYED BY THE NATIONAL LABOR RELATIONS BOARD.

MR. LICHTENSTEIN WAS EMPLOYED BY THE RESETTLEMENT ADMINISTRATION AS A RESEARCH ASSISTANT AT A SALARY OF $2,600 PER ANNUM. ON OR BEFORE SATURDAY, MAY 9, 1936, MR. LICHTENSTEIN VERBALLY INFORMED THE PERSONNEL REPRESENTATIVE OF THE DIVISION IN WHICH HE WAS EMPLOYED THAT HE HAD ACCEPTED A POSITION WITH THE DEPARTMENT OF LABOR, AND WOULD BEGIN WORK IN THAT AGENCY ON MONDAY, MAY 11, 1936. THE PERSONNEL REPRESENTATIVE REQUESTED THE TERMINATION OF MR. LICHTENSTEIN'S APPOINTMENT, WHICH WAS ISSUED EFFECTIVE MAY 9, 1936.

HE WAS PAID FOR THE FULL PERIOD, MAY 1 TO 15, 1936, ON BUREAU VOUCHER NO. 12084-P, SCHEDULE NO. P-4048, DISBURSING OFFICE VOUCHER NO. 211255, PAID MAY 15, 1936, BY MR. W. F. CRAMER, DISBURSING CLERK, SYMBOL 39-02-71, IN THE AMOUNT OF $108.33.

AS MR. LICHTENSTEIN WAS DUE PAYMENT FOR ONLY NINE DAYS, MAY 1 THROUGH 9, IN THE AMOUNT OF $65, HE WAS THEREFORE OVERPAID $43.33.

A REFUND WAS REQUESTED AND MR. LICHTENSTEIN COMPLIED BY FORWARDING HIS FIRST CHECK FROM THE LABOR DEPARTMENT IN THE AMOUNT OF $36.11, LEAVING AN OUTSTANDING BALANCE OF $7.22.

THE RESETTLEMENT ADMINISTRATION REQUESTED THE NATIONAL LABOR RELATIONS BOARD, TO WHICH AGENCY MR. LICHTENSTEIN TRANSFERRED FROM THE DEPARTMENT OF LABOR, TO OBTAIN A REFUND IN THAT AMOUNT FROM HIM, IN THE FORM OF A POSTAL MONEY ORDER, A CASHIER'S CHECK, OR CERTIFIED PERSONAL CHECK, OR BY MEANS OF VOUCHER DEDUCTION.

MR. LICHTENSTEIN DOES NOT FEEL THAT HE SHOULD BE CALLED UPON TO REFUND THE PAYMENT FOR ONE DAY, SUNDAY, MAY 10, IN THE AMOUNT OF $7.22, AS THERE WAS NO BREAK IN HIS SERVICE, AS HE WORKED FOR THE RESETTLEMENT ADMINISTRATION ON SATURDAY, MAY 9, AND SUBSEQUENTLY ENTERED ON DUTY WITH THE DEPARTMENT OF LABOR ON MONDAY, MAY 11, 1936.

THIS CONTENTION IS BASED UPON THE EXISTING AGREEMENT BETWEEN GOVERNMENT DEPARTMENTS WHERE A TRANSFER IS MADE TO TAKE EFFECT ON MONDAY, THE TRANSFERRING AGENCY WILL PAY THE EMPLOYEE FOR THE INTERVENING SUNDAY.

THERE WAS TRANSFERRED BY THIS ADMINISTRATION TO THE DEPARTMENT OF LABOR, THIRTEEN DAYS, FORTY-FIVE MINUTES ACCRUED ANNUAL LEAVE EARNED BY MR. LICHTENSTEIN WHILE AN EMPLOYEE OF THE RESETTLEMENT ADMINISTRATION, AND THE APPOINTMENT MADE BY THE LABOR DEPARTMENT WAS AT THE SAME SALARY ($2,600) AS THAT AT WHICH HE WAS LAST PAID BY THE RESETTLEMENT ADMINISTRATION, IN ACCORDANCE WITH EXECUTIVE ORDER NO. 7070.

A COPY OF A MEMORANDUM FROM MR. LICHTENSTEIN TO MRS. GORDON OF THE NATIONAL LABOR RELATIONS BOARD IS ATTACHED, TOGETHER WITH A COPY OF A LETTER FROM MR. CLAUDE B. CALKIN, CHIEF, ACCOUNTS AND PERSONNEL RECORDS, NATIONAL LABOR RELATIONS BOARD, ADDRESSED TO THE UNITED STATES DEPARTMENT OF AGRICULTURE, RESETTLEMENT ADMINISTRATION, WASHINGTON, D.C.

IT IS THE CONSENSUS OF THIS OFFICE THAT MR. LICHTENSTEIN'S POSITION IN THIS CASE IS WHOLLY JUSTIFIED, BUT DUE TO THE RECORDS OF THE RESETTLEMENT ADMINISTRATION INDICATING THE TERMINATION DATE AS OF MAY 9, 1936, AND PAYMENTS AS THEY NOW STAND BEING MADE THROUGH MAY 10, 1936, THIS CASE IS REFERRED TO YOU WITH THE ANTICIPATION THAT THE PAYMENT AS MADE TO MR. LICHTENSTEIN BE PERMITTED TO STAND.

FROM THE FACTS PRESENTED IN YOUR LETTER IT APPEARS THAT MR. LICHTENSTEIN'S RESIGNATION FROM THE RESETTLEMENT ADMINISTRATION WAS ACCEPTED AS EFFECTIVE SATURDAY, MAY 9, 1936, AND THAT HE ENTERED UPON DUTY WITH THE DEPARTMENT OF LABOR ON MONDAY, MAY 11, 1936. UPON SUCH A STATEMENT OF FACT MR. LICHTENSTEIN WAS NOT IN THE GOVERNMENT SERVICE ON SUNDAY, MAY 10, 1936, AND, ACCORDINGLY WAS NOT ENTITLED TO COMPENSATION FOR THAT DAY. 10 COMP. GEN. 11.

THE ALLEGED "AGREEMENT" BETWEEN EXECUTIVE DEPARTMENTS TO THE EFFECT THAT WHERE A TRANSFER TAKES PLACE ON MONDAY THE TRANSFERRING AGENCY WILL PAY THE EMPLOYEE FOR THE INTERVENING SUNDAY CONTEMPLATES A SITUATION IN WHICH THE EMPLOYEE IS RETAINED ON THE ROLLS OF THE TRANSFERRING AGENCY FOR THE SUNDAY INVOLVED. IT CANNOT ENTITLE AN EMPLOYEE TO COMPENSATION FOR ANY DAY WHEN HE IS NOT, ON THAT DAY, IN THE SERVICE OF THE GOVERNMENT. ACCORDINGLY, MR. LICHTENSTEIN IS INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $7.22 AND SHOULD BE INSTRUCTED TO REMIT THAT AMOUNT IN ORDER THAT THE CHARGE RAISED IN THIS OFFICE MAY BE SATISFIED.

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