B-125969, NOV. 21, 1955

B-125969: Nov 21, 1955

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WAS FORWARDED TO US FOR REPLY. THE CURRENT INTEREST IN HOLIDAY COMPENSATION FOR THE PERIOD MENTIONED APPEARS TO HAVE ARISEN BECAUSE OF A DECISION OF THE UNITED STATES COURT OF CLAIMS ON JULY 12. THAT DECISION HOLDS THAT CERTAIN PER DIEM EMPLOYEES OF THE DEPARTMENT OF THE NAVY WERE ENTITLED TO "GRATUITY PAY" FOR HOLIDAYS UNDER A STATUTE OF JANUARY 6. THE DECISION IS NOT YET FINAL. JUDGMENT WAS ENTERED ON NOVEMBER 8. WE ARE NOT TAKING ANY STEPS AT THE PRESENT TIME TO RECONSIDER OUR POSITION WE ARE ENCLOSING A COPY OF OUR LETTER OF AUGUST 30. WHICH WE BELIEVE WILL ANSWER YOUR QUESTIONS NOT ALREADY ANSWERED HEREIN.

B-125969, NOV. 21, 1955

TO MR. FRED COSTELLO:

YOUR LETTER OF OCTOBER 25, 1955, TO THE CHAIRMAN, COMMITTEE ON POST OFFICE AND CIVIL SERVICE, UNITED STATES SENATE, REQUESTING INFORMATION CONCERNING HOLIDAY COMPENSATION DURING 1943 TO 1945, WAS FORWARDED TO US FOR REPLY.

THE CURRENT INTEREST IN HOLIDAY COMPENSATION FOR THE PERIOD MENTIONED APPEARS TO HAVE ARISEN BECAUSE OF A DECISION OF THE UNITED STATES COURT OF CLAIMS ON JULY 12, 1955, IN THE CASE OF ALFRED C. BERGH, ET AL. V. UNITED STATES, AND NOT BECAUSE OF ANY RECENT SPECIAL LEGISLATION PASSED BY CONGRESS. THAT DECISION HOLDS THAT CERTAIN PER DIEM EMPLOYEES OF THE DEPARTMENT OF THE NAVY WERE ENTITLED TO "GRATUITY PAY" FOR HOLIDAYS UNDER A STATUTE OF JANUARY 6, 1885, AS AMENDED, IN ADDITION TO COMPENSATION ALREADY RECEIVED FOR WORK ON THE HOLIDAYS. THE DECISION IS NOT YET FINAL. JUDGMENT WAS ENTERED ON NOVEMBER 8, 1955, FOR FOUR OF THE FIVE PLAINTIFFS. HOWEVER, THE UNITED STATES STILL MAY MOVE FOR A REHEARING OR REQUEST THE SUPREME COURT OF THE UNITED STATES TO REVIEW THE CASE. SINCE THE DECISION HAS NOT YET REACHED A STAGE OF FINALITY, WE ARE NOT TAKING ANY STEPS AT THE PRESENT TIME TO RECONSIDER OUR POSITION

WE ARE ENCLOSING A COPY OF OUR LETTER OF AUGUST 30, 1955, TO MR. THOMAS G. WALTERS OF THE GOVERNMENT EMPLOYEES COUNCIL, WHICH WE BELIEVE WILL ANSWER YOUR QUESTIONS NOT ALREADY ANSWERED HEREIN.