A-95654, JULY 6, 1938, 18 COMP. GEN. 16

A-95654: Jul 6, 1938

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SHALL RECEIVE THE SAME PAY FOR SUCH DAYS AS FOR OTHER DAYS ON WHICH AN ORDINARY DAY'S WORK IS PERFORMED. ARE APPLICABLE TO EMPLOYEES OF THE PANAMA CANAL. IS AS FOLLOWS: THERE IS SUBMITTED FOR YOUR CONSIDERATION AND DECISION THE QUESTION AS TO WHETHER UNDER THE TERMS OF THE ACT OF MAY 13. IS HEREBY MADE A LEGAL PUBLIC HOLIDAY TO ALL INTENTS AND PURPOSES AND IN THE SAME MANNER AS THE 1ST DAY OF JANUARY. CHRISTMAS DAY ARE NOW MADE BY LAW PUBLIC HOLIDAYS.'. IT IS NECESSARY TO DETERMINE WHETHER THE ACT APPLIES TO EMPLOYEES OF THE PANAMA CANAL AND PANAMA RAILROAD COMPANY ON THE ISTHMUS IN DECIDING WHAT FURTHER ACTION. IS REQUIRED. IS AS FOLLOWS: THAT HEREAFTER WHENEVER REGULAR EMPLOYEES OF THE FEDERAL GOVERNMENT WHOSE COMPENSATION IS FIXED AT A RATE PER DAY.

A-95654, JULY 6, 1938, 18 COMP. GEN. 16

SUNDAYS AND HOLIDAYS - ARMISTICE DAY AND PAY FOR LEGAL HOLIDAYS LEGISLATION - APPLICABILITY TO EMPLOYEES OF THE PANAMA CANAL THE ACT OF MAY 13, 1938, 52 STAT. 351, DECLARING THE 11TH DAY OF NOVEMBER IN EACH YEAR A LEGAL PUBLIC HOLIDAY, AND PUBLIC RESOLUTION NO. 127, DATED JUNE 29, 1938, 52 STAT. 1246, PROVIDING THAT REGULAR EMPLOYEES OF THE FEDERAL GOVERNMENT PAID ON A PER DIEM, PER HOUR, OR PIECE-WORK BASIS, WHEN RELIEVED OR PREVENTED FROM WORKING SOLELY BECAUSE OF A HOLIDAY DECLARED BY FEDERAL STATUTE OR EXECUTIVE ORDER, SHALL RECEIVE THE SAME PAY FOR SUCH DAYS AS FOR OTHER DAYS ON WHICH AN ORDINARY DAY'S WORK IS PERFORMED, ARE APPLICABLE TO EMPLOYEES OF THE PANAMA CANAL, AND THE PROVISIONS OF THE PUBLIC RESOLUTION SUPERSEDE THE EXECUTIVE ORDERS RELATING TO THE GRANTING OF GRATUITY PAY FOR HOLIDAYS TO PER DIEM EMPLOYEES OF THE PANAMA CANAL.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE GOVERNOR, PANAMA CANAL, JULY 6, 1938:

YOUR LETTER OF JUNE 9, 1938, IS AS FOLLOWS:

THERE IS SUBMITTED FOR YOUR CONSIDERATION AND DECISION THE QUESTION AS TO WHETHER UNDER THE TERMS OF THE ACT OF MAY 13, 1938, ENTITLED "AN ACT MAKING THE 11TH DAY OF NOVEMBER IN EACH YEAR A LEGAL HOLIDAY," THE HOLIDAY ESTABLISHED THEREBY MAY BE TREATED AS A GRATUITY HOLIDAY SO FAR AS CONCERNS EMPLOYEES OF THE PANAMA CANAL AND PANAMA RAILROAD COMPANY ON THE ISTHMUS OF PANAMA.

THE ACT APPROVED MAY 13, 1938 (PUBLIC, NO. 510, 75TH CONGRESS, 3D SESSION), PROVIDES:

"THAT THE 11TH DAY OF NOVEMBER IN EACH YEAR, A DAY TO BE DEDICATED TO THE CAUSE OF WORLD PEACE AND TO BE HEREAFTER CELEBRATED AND KNOWN AS ARMISTICE DAY, IS HEREBY MADE A LEGAL PUBLIC HOLIDAY TO ALL INTENTS AND PURPOSES AND IN THE SAME MANNER AS THE 1ST DAY OF JANUARY, THE 22D DAY OF FEBRUARY, THE 30TH DAY OF MAY, THE 4TH DAY OF JULY, THE FIRST MONDAY OF SEPTEMBER, AND CHRISTMAS DAY ARE NOW MADE BY LAW PUBLIC HOLIDAYS.'

IT IS NECESSARY TO DETERMINE WHETHER THE ACT APPLIES TO EMPLOYEES OF THE PANAMA CANAL AND PANAMA RAILROAD COMPANY ON THE ISTHMUS IN DECIDING WHAT FURTHER ACTION, IF ANY, IS REQUIRED.

PUBLIC RESOLUTION NO. 127, DATED JUNE 29, 1938, 52 STAT. 1246, IS AS FOLLOWS:

THAT HEREAFTER WHENEVER REGULAR EMPLOYEES OF THE FEDERAL GOVERNMENT WHOSE COMPENSATION IS FIXED AT A RATE PER DAY, PER HOUR, OR ON A PIECE WORK BASIS ARE RELIEVED OR PREVENTED FROM WORKING SOLELY BECAUSE OF THE OCCURRENCE OF A HOLIDAY SUCH AS NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, FOURTH OF JULY, LABOR DAY, THANKSGIVING DAY, CHRISTMAS DAY, OR ANY OTHER DAY DECLARED A HOLIDAY BY FEDERAL STATUTE OR EXECUTIVE ORDER, OR ANY DAY ON WHICH THE DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT ARE CLOSED BY EXECUTIVE ORDER, THEY SHALL RECEIVE THE SAME PAY FOR SUCH DAYS AS FOR OTHER DAYS ON WHICH AN ORDINARY DAY'S WORK IS PERFORMED.

SEC. 2. THE JOINT RESOLUTION OF JANUARY 6, 1885 (U.S.C., TITLE 5, SEC. 86), AND ALL OTHER LAWS INCONSISTENT OR IN CONFLICT WITH THE PROVISIONS OF THIS ACT ARE HEREBY REPEALED TO THE EXTENT OF SUCH INCONSISTENCY OR CONFLICT.

BOTH THE ACT OF MAY 13, 1938, 52 STAT. 351, QUOTED IN YOUR LETTER, AND THE PUBLIC RESOLUTION OF JUNE 29, 1938, QUOTED ABOVE, ARE APPLICABLE TO EMPLOYEES OF THE PANAMA CANAL. THE LATER STATUTE SUPERSEDES THE EXECUTIVE ORDERS ISSUED PURSUANT TO LAW RELATING TO GRANTING OF GRATUITY PAY FOR HOLIDAYS TO PER DIEM EMPLOYEES OF THE PANAMA CANAL. SEE DECISION OF MAY 23, 1938, A-89369, 17 COMP. GEN. 970.