B-112142, OCTOBER 17, 1952, 32 COMP. GEN. 191

B-112142, OCTOBER 17, 1952, 32 COMP. GEN. 191

COMPENSATION - TWO WORK SHIFTS BEGINNING WITHIN SAME TWENTY-FOUR HOUR PERIOD - WORKDAYS FALLING ON HOLIDAYS AN EMPLOYEE WHO WORKS TWO SHIFTS WHICH BEGIN WITHIN THE SAME TWENTY FOUR HOUR PERIOD IN HIS BASIC WORKWEEK MAY BE COMPENSATED FOR TWO DAYS OF WORK AT THE REGULAR BASIC RATE OF PAY--- THE FIRST SHIFT BEING COUNTED AS OF THE DAY ON WHICH IT BEGINS AND THE SECOND SHIFT AS OF THE DAY ON WHICH IT ENDS. THE DEFINITION OF "WORKDAY" FOR HOLIDAY PURPOSES IN EXECUTIVE ORDER NO. 10358, JUNE 9, 1952, DOES NOT CONTEMPLATE A SITUATION WHERE TWO OF THE SHIFTS IN AN EMPLOYEE'S BASIC WORKWEEK COMMENCE ON A HOLIDAY, AND THEREFORE, THE QUESTION OF WHICH ONE OF THE TWO SHIFTS IS TO BE CONSIDERED AS FALLING ON A HOLIDAY IS A MATTER FOR ADMINISTRATIVE REGULATION AND DETERMINATION.

ACTING COMPTROLLER GENERAL YATES TO THE SECRETARY OF COMMERCE, OCTOBER 17, 1952:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 1, 1952, REQUESTING A DECISION UPON CERTAIN QUESTIONS ARISING UNDER EXECUTIVE ORDER NO. 10358, DATED JUNE 9, 1952, ENTITLED " OBSERVANCE OF HOLIDAYS BY GOVERNMENT AGENCIES," IN CONNECTION WITH THE SCHEDULING OF TOURS OF DUTIES FOR EMPLOYEES ENGAGED IN ROUND-THE-CLOCK OPERATIONS.

YOUR LETTER READS, IN PART, AS FOLLOWS:

1. IT IS SOMETIMES NECESSARY TO SCHEDULE AN EMPLOYEE FOR TWO SHIFTS (WITHIN THE BASIC WORKWEEK) BEGINNING WITHIN THE SAME TWENTY-FOUR HOUR PERIOD: FOR EXAMPLE, THE FIRST SHIFT MAY BE FROM 12:30 A.M. TO 8:30 A.M. AND THE SECOND SHIFT FROM 10:30 P.M. TO 6:30 A.M. OF THE NEXT DAY. SECTION 2/B) OF EXECUTIVE ORDER 10358 IS WORDED AS FOLLOWS:

"SEC. 2. AS USED IN THIS ORDER

"/B) "WORK-DAY" MEANS THOSE HOURS WHICH COMPRISE IN SEQUENCE THE EMPLOYEE'S REGULAR DAILY TOUR OF DUTY WITHIN ANY 24-HOUR PERIOD, WHETHER FALLING ENTIRELY WITHIN ONE CALENDAR DAY OR NOT.'

MUST THAT PROVISION BE APPLIED TO DAYS OTHER THAN HOLIDAYS OR MAY THE TWO SHIFTS ON OTHER THAN HOLIDAYS BE REGARDED AS COMPRISING TWO DAYS OF WORK AT THE REGULAR BASIC RATE OF PAY--- THE FIRST SHIFT COUNTED AS OF THE DAY ON WHICH IT BEGINS AND THE SECOND AS OF THE DAY ON WHICH IT ENDS?

2. WHICH SHIFT WOULD BE COMPENSATED FOR AT THE HOLIDAY RATE IF THE DAY ON WHICH THE SHIFTS BEGIN IS A HOLIDAY?

THE QUESTIONS ARE ANSWERED IN THE ORDER PRESENTED:

1. SECTION 25.241 OF THE FEDERAL EMPLOYEES PAY REGULATIONS, FEDERAL PERSONNEL MANUAL, Z1-325, READS IN PART AS FOLLOWS:

(B) EXECUTIVE ORDER 10358 OF JUNE 9, 1952, DEFINES "WORKDAY" FOR HOLIDAY PURPOSES TO MEAN THOSE HOURS WHICH COMPRISE IN SEQUENCE THE EMPLOYEE'S REGULAR DAILY TOUR OF DUTY WITHIN ANY 24-HOUR PERIOD, WHETHER FALLING WITHIN ONE CALENDAR DAY OR NOT * * *: (ITALICS SUPPLIED.)

IN LINE WITH THE FOREGOING, IT IS CONCLUDED THAT THE DEFINITION OF "WORKDAY" IN THE EXECUTIVE ORDER IS INTENDED TO APPLY ONLY TO WORKDAYS FALLING IN WHOLE OR IN PART ON HOLIDAYS. ACCORDINGLY, WHERE MORE THAN ONE SHIFT BEGINS ON DAYS OTHER THAN HOLIDAYS THE WORKDAY MAY BE ESTABLISHED IN ACCORDANCE WITH THE METHOD SET FORTH IN YOUR LETTER.

2. NEITHER SECTION 6 NOR ANY OTHER PROVISION OF EXECUTIVE ORDER NO. 10358 CONTEMPLATES A SITUATION WHERE TWO SHIFTS COMMENCE ON A HOLIDAY. ACCORDINGLY, THE QUESTION OF WHICH SHIFT IS TO BE CONSIDERED AS FALLING ON A HOLIDAY IS A MATTER FOR ADMINISTRATIVE REGULATION AND DETERMINATION.