B-118237, JANUARY 27, 1954, 33 COMP. GEN. 321

B-118237: Jan 27, 1954

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WAS ENTITLED TO A FOUR-HOUR HOLIDAY ON THE NEXT REGULARLY SCHEDULED WORKDAY. WHICH WAS A HOLIDAY ON WHICH HE WORKED AND WAS PAID AT THE HOLIDAY RATE. IS ENTITLED TO THE BENEFIT OF THE HALF-DAY HOLIDAY ON THE NEXT REGULAR WORKDAY IMMEDIATELY FOLLOWING THE HOLIDAY. IF THE EMPLOYEE IS REQUIRED TO WORK A FULL DAY HE IS ENTITLED TO THE BENEFIT OF THE HALF-DAY HOLIDAY ON THE NEXT REGULAR WORKDAY IMMEDIATELY FOLLOWING THE HOLIDAY. IF THE EMPLOYEE IS REQUIRED TO WORK A FULL DAY HE IS ENTITLED TO DOUBLE COMPENSATION FOR FOUR HOURS. IS ENTITLED TO EIGHT HOURS COMPENSATION AT THE BASIC RATE FOR EACH OF THE DAYS. 1954: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 4. IT IS STATED THAT THERE ARE SEVERAL GUARDS WHOSE REGULAR NON-WORKDAY IN LIEU OF SUNDAY FELL ON DECEMBER 24.

B-118237, JANUARY 27, 1954, 33 COMP. GEN. 321

COMPENSATION - HOLIDAYS - NON-WORK DAY IN LIEU OF SUNDAY - NEXT REGULAR WORKDAY A HOLIDAY AN EMPLOYEE WHOSE REGULAR NON-WORKDAY IN LIEU OF SUNDAY FELL ON A DAY PROCLAIMED A HALF-DAY HOLIDAY BY EXECUTIVE ORDER NO. 10508, AND WHO THEREFORE, UNDER EXECUTIVE ORDER NO. 10358, WAS ENTITLED TO A FOUR-HOUR HOLIDAY ON THE NEXT REGULARLY SCHEDULED WORKDAY, WHICH WAS A HOLIDAY ON WHICH HE WORKED AND WAS PAID AT THE HOLIDAY RATE, IS ENTITLED TO THE BENEFIT OF THE HALF-DAY HOLIDAY ON THE NEXT REGULAR WORKDAY IMMEDIATELY FOLLOWING THE HOLIDAY, AND IF THE EMPLOYEE IS REQUIRED TO WORK A FULL DAY HE IS ENTITLED TO THE BENEFIT OF THE HALF-DAY HOLIDAY ON THE NEXT REGULAR WORKDAY IMMEDIATELY FOLLOWING THE HOLIDAY, AND IF THE EMPLOYEE IS REQUIRED TO WORK A FULL DAY HE IS ENTITLED TO DOUBLE COMPENSATION FOR FOUR HOURS. AN EMPLOYEE WHOSE 40-HOUR BASIC WORKWEEK CONSISTS OF SUNDAY THROUGH FRIDAY, WITH TUESDAY DESIGNATED DAY OFF IN LIEU OF SUNDAY, AND WHO WORKED EIGHT HOURS SUNDAY, MONDAY, WEDNESDAY, AND FRIDAY (A HOLIDAY), AND FOUR HOURS TUESDAY AND THURSDAY (A HALF-HOLIDAY BY EXECUTIVE ORDER), IS ENTITLED TO EIGHT HOURS COMPENSATION AT THE BASIC RATE FOR EACH OF THE DAYS, SUNDAY, MONDAY, WEDNESDAY, AND THURSDAY; EIGHT HOURS COMPENSATION FOR TUESDAY, EMPLOYEE'S REGULAR DAY OFF IN LIEU OF SUNDAY.

COMPTROLLER GENERAL WARREN TO THE SECRETARY, SMITHSONIAN INSTITUTION, JANUARY 27, 1954:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 4, 1954 REQUESTING DECISION WITH RESPECT TO THE COMPENSATION PROPERLY PAYABLE TO GUARDS AT YOUR INSTITUTION IN LIGHT OF THE PROVISIONS OF EXECUTIVE ORDERS NOS. 10358 AND 10508.

IT IS STATED THAT THERE ARE SEVERAL GUARDS WHOSE REGULAR NON-WORKDAY IN LIEU OF SUNDAY FELL ON DECEMBER 24, AND 31, AND UNDER EXECUTIVE ORDER NO. 10358 THEY ARE ENTITLED TO A FOUR-HOUR HOLIDAY ON THEIR NEXT SCHEDULED WORKDAY. IN EACH CASE THE NEXT WORKDAY OF THEIR BASIC WORK WEEK FELL ON A HOLIDAY, EITHER CHRISTMAS OR NEW YEAR'S DAY, AND THAT THEY WERE PAID FOR WORK ON CHRISTMAS AND NEW YEAR'S AT THE HOLIDAY RATE, BUT YOU REQUEST TO BE INFORMED WHETHER THEY SHOULD BE PAID FOUR HOURS AT TWICE THEIR BASIC COMPENSATION ON THEIR FIRST WORKDAY FOLLOWING THEIR LEGAL HOLIDAY. ALSO, YOUR LETTER STATES THAT THE GUARDS ARE SO LIMITED IN NUMBER THAT THE INSTITUTION CANNOT EXCUSE THE MEN FOR FOUR HOURS IN LIEU OF TIME DUE THEM FOR THE HALF HOLIDAYS GRANTED BY EXECUTIVE ORDER NO. 10508.

SECTION 4 (B) OF EXECUTIVE ORDER NO. 10358 PROVIDES:

(B) ANY EMPLOYEE WHOSE BASIC WORKWEEK INCLUDES SUNDAY AND WHO WOULD ORDINARILY BE EXCUSED FROM WORK ON A HOLIDAY FALLING WITHIN HIS BASIC WORKWEEK SHALL BE EXCUSED FROM WORK ON THE NEXT WORKDAY OF HIS BASIC WORKWEEK WHENEVER A HOLIDAY FALLS ON A DAY THAT HAS BEEN ADMINISTRATIVELY SCHEDULED AS HIS "REGULAR" WEEKLY NON-WORKDAY IN LIEU OF SUNDAY.

AS THE EMPLOYEES' DAYS IN LIEU OF SUNDAYS FELL ON DECEMBER 24 AND 31, THE INVOLVED EMPLOYEES BECAME ENTITLED TO THE BENEFIT OF THE ONE HALF HOLIDAY DECLARED ON THOSE DAYS UNDER EXECUTIVE ORDER NO. 10508 ON THE NEXT REGULAR WORKDAY. WHILE THIS ORDINARILY WOULD FALL ON FRIDAY, YET IN VIEW OF THE FACT THAT FRIDAY WAS A HOLIDAY THE BENEFIT OF THE ONE-HALF DAY HOLIDAYS WOULD BE AVAILABLE TO THESE EMPLOYEES ON THEIR NEXT REGULAR WORKDAY IMMEDIATELY FOLLOWING DECEMBER 25, AND JANUARY 1, AND IF REQUIRED TO WORK A FULL DAY ON THOSE DAYS THE EMPLOYEES ARE ENTITLED TO DOUBLE COMPENSATION FOR FOUR HOURS ON THE RESPECTIVE DAYS.

YOU ALSO REQUEST A DECISION UPON A SECOND QUESTION, STATED AS FOLLOWS:

"IN ANOTHER CASE THE EMPLOYEE'S WORKWEEK WAS AS FOLLOWS:

CHART

TIME WORKED

(HOURS)

" DECEMBER 20, SUNDAY---------------------- 8

" DECEMBER 21, MONDAY---------------------- 8

" DECEMBER 22, TUESDAY--------------------- (1/4

" DECEMBER 23, WEDNESDAY------------------- 8

" DECEMBER 24, THURSDAY-------------------- (2/4

" DECEMBER 25, FRIDAY---------------------- 8

" DECEMBER 26, SATURDAY-------------------- 10 (1) FOUR HOURS OFF IN LIEU OF SUNDAY. (2) FOUR HOURS HOLIDAY BY EXECUTIVE ORDER.

THIS EMPLOYEE WAS PAID FOR 40 HOURS AT BASE PAY AND 8 HOURS AT THE HOLIDAY RATE. IS HE ENTITLED TO 4 HOURS' OVERTIME PAY IN ADDITION TO WHAT HE HAS BEEN PAID, OR SHOULD HE BE PAID 4 HOURS AT HOLIDAY RATE ON HIS NEXT SCHEDULED WORKDAY IN THE FOLLOWING WEEK?

FROM THE CASE AS STATED, IT APPEARS THAT THE EMPLOYEE'S PRESCRIBED TOUR OF DUTY OF 40-HOURS FOR THE WEEK CONSISTED OF SUNDAY THROUGH FRIDAY, WITH TUESDAY DESIGNATED AS HIS DAY OFF IN LIEU OF SUNDAY, AND IF THAT IS CORRECT HE IS ENTITLED TO 8 HOURS COMPENSATION AT THE BASIC RATE FOR EACH OF THE DAYS, SUNDAY, MONDAY, WEDNESDAY, AND THURSDAY; TO 8 HOURS COMPENSATION AT THE HOLIDAY RATE FOR FRIDAY; AND TO 4 HOURS OVERTIME COMPENSATION FOR WORK PERFORMED ON TUESDAY HIS DAY OFF IN LIEU OF SUNDAY OR A TOTAL OF 32 HOURS AT THE BASIC RATE, 8 HOURS AT THE HOLIDAY RATE, AND 4 HOURS AT THE OVERTIME RATE. SPECIFICALLY THEREFORE, THE FIRST ALTERNATE QUESTION IS ANSWERED IN THE AFFIRMATIVE AND THE SECOND ALTERNATE QUESTION HAS NO APPLICATION HERE.