B-123541, JUN. 20, 1955

B-123541, JUN. 20, 1955

TO THE HONORABLE POSTMASTER GENERAL:

REFERENCE IS MADE TO LETTER OF APRIL 4, 1955, FROM THE ACTING POSTMASTER GENERAL REQUESTING OUR OFFICE TO REMOVE THE CHARGE AGAINST THE POSTMASTER AT ST. LOUIS, MISSOURI, FOR OVERTIME PAYMENTS TO 23 EMPLOYEES FOR WORKING ON SATURDAYS NOVEMBER 20 AND 27, 1954, AND TO RELIEVE THE EMPLOYEES IN QUESTION FROM THE NECESSITY OF REFUNDING SUCH PAYMENTS, SUCH RELIEF BEING SOUGHT IN ACCORDANCE WITH 5 U.S.C. 383 AND 384.

THE PAYMENTS IN QUESTION WERE CONTRARY TO THE PROVISIONS OF 39 U.S.C. 853 (A) UNDER WHICH POSTAL EMPLOYEES PERFORMING OVERTIME SERVICE ON SATURDAYS, SUNDAYS AND HOLIDAYS (EXCEPT DURING THE MONTH OF DECEMBER) ARE LIMITED TO COMPENSATORY TIME OFF. IT IS REPRESENTED THAT THE OVERPAYMENT OCCURRED THROUGH THE OVERSIGHT ON THE PART OF ONE OR MORE SUPERVISORS WHO CALLED UPON THE 23 EMPLOYEES TO WORK 6 DAYS A WEEK INCLUDING THE TWO SATURDAYS CONTRARY TO THE INSTRUCTIONS OF THE BUREAU OF POST OFFICE OPERATIONS. A SIMILAR CASE THE DEPARTMENT HAS RECOMMENDED TO THE CONGRESS THE ENACTMENT OF PRIVATE RELIEF LEGISLATION AND IT IS STATED THAT SIMILAR LEGISLATION WILL BE NECESSARY FOR THESE EMPLOYEES IF THE RELIEF CANNOT BE GRANTED BY OUR OFFICE.

AS YOU SUGGEST, REQUIRING EMPLOYEES TO WORK ON SATURDAYS IS PERMITTED BY LAW (39 U.S.C. 853 (A) ( AND HAD THE OVERTIME BEEN PERFORMED ON WORKDAYS IT WOULD HAVE BEEN COMPENSABLE ON AN OVERTIME BASIS IN ACCORDANCE WITH 39 U.S.C. 854. IN VIEW THEREOF, AND SINCE THE GOVERNMENT HAS RECEIVED THE BENEFIT OF THE SERVICES RENDERED, OUR OFFICE CONCURS IN YOUR RECOMMENDATION THAT THE ACCOUNTABLE OFFICER, AS WELL AS THE EMPLOYEES, BE RELIEVED FROM LIABILITY FOR THE OVERPAYMENTS. ACTION WILL BE ACCORDINGLY.