B-122873, APRIL 13, 1955, 34 COMP. GEN. 513

B-122873: Apr 13, 1955

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IS THE ONLY BENEFIT PROVIDED BY SECTION 16 (P) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6. 1955: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF DECEMBER 31. SINCE SUCH SATURDAYS WERE ALSO HOLIDAYS. YOU WERE ENTITLED TO ADDITIONAL COMPENSATION. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE GOVERNING STATUTE (ERRONEOUSLY STATED AS THE ACT OF AUGUST 14. SINCE YOU WERE GRANTED SUCH COMPENSATORY TIME. NO ADDITIONAL PAYMENT WAS AUTHORIZED. IN YOUR REQUEST FOR REVIEW YOU STATE THAT IT WAS NOT YOUR CONTENTION THAT WORKING ON HOLIDAYS ENTITLED YOU TO ADDITIONAL COMPENSATION. THAT YOUR CLAIM WAS BASED ON THE FACT THAT YOU WORKED 2. THE QUOTIENT THUS OBTAINED WILL BE THE BASE HOURLY COMPENSATION.

B-122873, APRIL 13, 1955, 34 COMP. GEN. 513

POSTAL SERVICE EMPLOYEES - OVERTIME COMPENSATION - COMPENSATORY TIME OFF OVERTIME COMPENSATION PRESCRIBED BY SECTION 16 OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, FOR ALL POSTAL EMPLOYEES OF THE RAILWAY MAIL AND AIR MAIL SERVICES, EXCEPT THOSE ASSIGNED TO ROAD DUTY, MAY NOT BE PAID FOR WORK IN EXCESS OF THE TOTAL WORKING HOURS IN A YEAR UNLESS SUCH ADDITIONAL SERVICE RESULTS FROM ADMINISTRATIVELY REQUIRED WORK IN EXCESS OF EIGHT HOURS A DAY. COMPENSATORY TIME OFF FOR WORK PERFORMED ON SATURDAYS, SUNDAYS, OR HOLIDAYS BY ALL POSTAL EMPLOYEES OF THE RAILWAY MAIL AND AIR MAIL SERVICES, EXCEPT THOSE ASSIGNED TO ROAD DUTY, IS THE ONLY BENEFIT PROVIDED BY SECTION 16 (P) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, OTHER THAN OVERTIME COMPENSATION IN LIEU OF COMPENSATORY TIME WHICH MAY BE AUTHORIZED ADMINISTRATIVELY FOR SERVICES ON SATURDAYS AND SUNDAYS IN DECEMBER, AND ON CHRISTMAS DAY.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO ALFRED J. SPINA, APRIL 13, 1955:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF DECEMBER 31, 1954, REQUESTING REVIEW OF THE SETTLEMENT OF OCTOBER 29, 1954, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION CLAIMED TO BE DUE FOR MAY 30, AND JULY 4, 1953. YOU ALLEGED AT THAT TIME THAT YOU PERFORMED SERVICES ON SATURDAYS, MAY 30 AND JULY 4, 1953, FOR WHICH YOU RECEIVED COMPENSATORY TIME OFF BUT, SINCE SUCH SATURDAYS WERE ALSO HOLIDAYS, YOU WERE ENTITLED TO ADDITIONAL COMPENSATION. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE GOVERNING STATUTE (ERRONEOUSLY STATED AS THE ACT OF AUGUST 14, 1935), PROVIDED ONLY FOR COMPENSATORY TIME OFF FOR WORKING ON SATURDAYS AND, SINCE YOU WERE GRANTED SUCH COMPENSATORY TIME, NO ADDITIONAL PAYMENT WAS AUTHORIZED.

IN YOUR REQUEST FOR REVIEW YOU STATE THAT IT WAS NOT YOUR CONTENTION THAT WORKING ON HOLIDAYS ENTITLED YOU TO ADDITIONAL COMPENSATION, BUT THAT YOUR CLAIM WAS BASED ON THE FACT THAT YOU WORKED 2,040 HOURS IN 1953 INSTEAD OF 2,024 HOURS, WHICH YOU CONSIDER ENTITLES YOU TO ADDITIONAL COMPENSATION FOR THE EXCESS HOURS WORKED.

SECTION 16, SUBPARAGRAPHS (P) AND (Q) OF THE ACT OF 1945, PUBLIC LAW 134, APPROVED JULY 6, 1945, 59 STAT. 454-455, PROVIDES AS FOLLOWS:

(P) WHEN THE NEEDS OF THE SERVICE REQUIRE EMPLOYEES OF THE RAILWAY MAIL AND AIR MAIL SERVICES, OTHER THAN RAILWAY POSTAL CLERKS ASSIGNED TO ROAD DUTY AND OFFICERS, TO PERFORM SERVICE ON SATURDAYS, SUNDAYS, OR HOLIDAYS THEY SHALL BE ALLOWED COMPENSATORY TIME FOR SUCH SERVICE WITHIN FIVE WORKING DAYS NEXT SUCCEEDING THE SATURDAY OR SUNDAY, AND ON ONE DAY WITHIN THIRTY DAYS NEXT SUCCEEDING THE HOLIDAY: PROVIDED HOWEVER, THAT THE POSTMASTER GENERAL MAY, IF THE EXIGENCIES OF THE SERVICE REQUIRE, AUTHORIZE THE PAYMENT OF OVERTIME FOR SERVICES PERFORMED ON THE SATURDAYS, SUNDAYS DURING THE MONTH OF DECEMBER, AND ON CHRISTMAS DAY IN LIEU OF COMPENSATORY TIME: * * *

(Q) EMPLOYEES OF THE RAILWAY MAIL AND AIR MAIL SERVICES, OTHER THAN RAILWAY POSTAL CLERKS ASSIGNED TO ROAD DUTY AND OFFICERS, SHALL BE REQUIRED TO WORK NOT MORE THAN EIGHT HOURS A DAY, AND THE EIGHT HOURS OF SERVICE SHALL NOT EXTEND OVER A LONGER PERIOD THAN TEN CONSECUTIVE HOURS, BUT IN CASES OF EMERGENCY, OR IF THE NEEDS OF THE SERVICE REQUIRE, THEY MAY BE REQUIRED TO WORK IN EXCESS OF EIGHT HOURS A DAY AND SHALL BE PAID OVERTIME FOR SUCH ADDITIONAL SERVICE ON THE BASIS OF 150 PERCENTUM OF THEIR ANNUAL BASE PAY. IN COMPUTING COMPENSATION FOR SUCH OVERTIME THE ANNUAL SALARY OR COMPENSATION SHALL BE DIVIDED BY TWO THOUSAND AND TWENTY- FOUR, THE NUMBER OF WORKING HOURS IN A YEAR. THE QUOTIENT THUS OBTAINED WILL BE THE BASE HOURLY COMPENSATION, AND ONE AND ONE-HALF TIMES THAT AMOUNT WILL BE THE HOURLY RATE OF OVERTIME PAY. (ITALICS SUPPLIED.)

AS YOU DO NOT APPEAR TO HAVE BEEN ASSIGNED TO ROAD DUTY, THERE IS NO AUTHORITY TO MAKE ANY PAYMENT TO YOU FOR OVERTIME OR FOR WORK IN EXCESS OF 2,024 HOURS A YEAR EXCEPT WHEN SUCH ADDITIONAL SERVICE RESULTS FROM WORKING AS ADMINISTRATIVELY REQUIRED, IN EXCESS OF 8 HOURS A DAY. FOR WORK PERFORMED ON SATURDAYS, SUNDAYS, OR HOLIDAYS, COMPENSATORY TIME OFF IS THE ONLY BENEFIT PROVIDED BY THE STATUTE--- EXCEPT THAT OVERTIME COMPENSATION IN LIEU OF COMPENSATORY TIME MAY BE AUTHORIZED ADMINISTRATIVELY FOR SERVICES ON SATURDAYS AND SUNDAYS IN DECEMBER, AND ON CHRISTMAS DAY.

THE DECISION OF DECEMBER 23, 1953, B-117924, 33 COMP. GEN. 279, REFERRED TO BY YOU, RELATES TO OVERTIME COMPENSATION FOR CLERKS ASSIGNED TO ROAD DUTY AND HAS NO APPLICATION TO YOUR SITUATION.

UPON REVIEW, IT HAS BEEN DETERMINED THAT THE DISALLOWANCE OF YOUR CLAIM WAS PROPER, AND THE SETTLEMENT IS SUSTAINED.