A-98256, OCTOBER 28, 1938, 18 COMP. GEN. 393

A-98256: Oct 28, 1938

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IS AS FOLLOWS: UNDER THE PROVISIONS OF SECTION 2011. SUNDAYS AND LEGAL HOLIDAYS WERE TAKEN INTO CONSIDERATION IN ESTABLISHING THE LENGTH OF THE YEAR FOR PAY PURPOSES OF THESE EMPLOYEES WHOSE HOURS OF SERVICE ARE IRREGULAR. SINCE THE LATEST AMENDMENT TO THIS REGULATION WAS PROMULGATED CONGRESS PROVIDED IN THE ACT OF MAY 13. IT IS ACCORDINGLY REQUESTED THAT YOU ADVISE AT AN EARLY DATE WHETHER THE RECENTLY ENACTED LEGISLATION REQUIRES AN AMENDMENT OF THE DEPARTMENT'S REGULATIONS TO PROVIDE FOR A 305-DAY YEAR FOR RAILWAY POSTAL CLERKS IN LIEU OF THE PRESENT 306-DAY YEAR. 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.

A-98256, OCTOBER 28, 1938, 18 COMP. GEN. 393

POSTAL SERVICE - RAILWAY POSTAL CLERKS - CREATION OF ARMISTICE DAY AS LEGAL HOLIDAY - EFFECT ON WORK YEAR THE CREATION OF THE EIGHTH LEGAL HOLIDAY--- ARMISTICE DAY--- BY ACT OF MAY 13, 1938, 52 STAT. 351, DOES NOT OF ITSELF SUPERSEDE AND RENDER INOPERATIVE THE TERMS OF THE ACTS OF FEBRUARY 28, 1925, AND AUGUST 14, 1935, 43 STAT. 1062 AND 49 STAT. 650, RESPECTIVELY, SPECIFICALLY FIXING THE WORK YEAR OF RAILWAY POSTAL CLERKS AT 306 DAYS, NOR REQUIRE ANY CHANGE IN ADMINISTRATIVE REGULATIONS TO PROVIDE FOR A 305-DAY YEAR IN LIEU OF THE 306-DAY YEAR SO ESTABLISHED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE POSTMASTER GENERAL, OCTOBER 28, 1938:

YOUR LETTER OF SEPTEMBER 29, 1938, IS AS FOLLOWS:

UNDER THE PROVISIONS OF SECTION 2011, PARAGRAPH 9, OF THE POSTAL LAWS AND REGULATIONS A 306-DAY YEAR FOR RAILWAY POSTAL CLERKS ASSIGNED TO ROAD DUTY HAS BEEN ESTABLISHED IN CONFORMITY TO THE PROVISIONS OF EXISTING LAW. COURSE, SUNDAYS AND LEGAL HOLIDAYS WERE TAKEN INTO CONSIDERATION IN ESTABLISHING THE LENGTH OF THE YEAR FOR PAY PURPOSES OF THESE EMPLOYEES WHOSE HOURS OF SERVICE ARE IRREGULAR. HOWEVER, SINCE THE LATEST AMENDMENT TO THIS REGULATION WAS PROMULGATED CONGRESS PROVIDED IN THE ACT OF MAY 13, 1938, PUBLIC NO. 510, THAT NOVEMBER 11, ARMISTICE DAY, SHOULD BE A NATIONAL HOLIDAY.

IT IS ACCORDINGLY REQUESTED THAT YOU ADVISE AT AN EARLY DATE WHETHER THE RECENTLY ENACTED LEGISLATION REQUIRES AN AMENDMENT OF THE DEPARTMENT'S REGULATIONS TO PROVIDE FOR A 305-DAY YEAR FOR RAILWAY POSTAL CLERKS IN LIEU OF THE PRESENT 306-DAY YEAR. IT SHOULD BE UNDERSTOOD, OF COURSE, THAT WHEREAS THE CHANGE IN THE BASIS OF PAYMENT TO SUCH CLERKS ASSIGNED TO ROAD DUTY WOULD NOT AFFECT THEIR ANNUAL RATE OF PAY. IT WOULD CHANGE THEIR DAILY AND HOURLY RATES AND WOULD UNDOUBTEDLY REQUIRE THE ESTABLISHMENT OF COMPLETE NEW SALARY TABLES.

THE ACT OF MAY 13, 1938, PUBLIC NO. 510, 52 STAT. 351, PROVIDES, AS FOLLOWS:

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 22ND 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.

THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1062, SPECIFICALLY FIXED THE NUMBER OF WORK DAYS IN THE YEAR AS 306 FOR RAILWAY POSTAL CLERKS BY THE FOLLOWING LANGUAGE:

ALL ORIGINAL APPOINTMENTS SHALL BE MADE TO THE RANK OF SUBSTITUTE RAILWAY POSTAL CLERK, AND PROMOTIONS SHALL BE MADE SUCCESSIVELY AT THE BEGINNING OF THE QUARTER FOLLOWING A TOTAL SATISFACTORY SERVICE OF THREE HUNDRED AND SIX DAYS IN THE NEXT LOWER GRADE.

SEE, ALSO, THE LAST PROVISO, SECTION 1 OF THE ACT OF AUGUST 14, 1935, 49 STAT. 650, ESTABLISHING A 40-HOUR WEEK IN THE POSTAL SERVICE, AS FOLLOWS:

* * * THAT FOR THE PURPOSE OF EXTENDING THE BENEFITS OF THIS ACT TO RAILWAY POSTAL CLERKS THE SERVICE OF SAID RAILWAY POSTAL CLERKS ASSIGNED TO ROAD DUTY SHALL BE BASED ON AN AVERAGE NOT EXCEEDING 6 HOURS AND 40 MINUTES PER DAY FOR THREE HUNDRED AND SIX DAYS PER ANNUM, INCLUDING A PROPER ALLOWANCE FOR ALL SERVICE REQUIRED ON LAY-OFF PERIODS AS PROVIDED IN POST OFFICE DEPARTMENT CIRCULAR LETTER NUMBERED 1348, DATED MAY 12, 1921; AND RAILWAY POSTAL CLERKS REQUIRED TO PERFORM SERVICE IN EXCESS OF SIX HOURS AND FORTY MINUTES DAILY, AS HEREIN PROVIDED, SHALL BE PAID IN CASH AT THE ANNUAL RATE OF PAY OR GRANTED COMPENSATORY TIME, AT THEIR OPTION, FOR SUCH OVERTIME.

WHILE IT IS TRUE THAT 306 DAYS REPRESENTS 365 DAYS, LESS 52 SUNDAYS AND THE 7 LEGAL HOLIDAYS AUTHORIZED BY LAW PRIOR TO MAY 13, 1938, NEVERTHELESS, AS THE EXISTING STATUTES FIX 306 AS THE NUMBER OF DAYS IN THE WORK YEAR OF RAILWAY POSTAL CLERKS, THE CREATION OF THE EIGHT LEGAL HOLIDAYS BY THE ACT OF MAY 13, 1938, DOES NOT IPSO FACTO SUPERSEDE AND RENDER INOPERATIVE THE QUOTED TERMS OF THE ACTS OF FEBRUARY 28, 1925, AND AUGUST 14, 1935, SUPRA, NOR REQUIRE ANY CHANGE IN THE ADMINISTRATIVE REGULATIONS TO PROVIDE FOR A 305-DAY YEAR FOR RAILWAY POSTAL CLERKS IN LIEU OF THE PRESENT 306-DAY YEAR.