B-134985, FEBRUARY 27, 1958, 37 COMP. GEN. 554

B-134985: Feb 27, 1958

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CIVILIAN PERSONNEL - HOLIDAYS FALLING ON DAY DESIGNATED AS SUNDAY - WORKWEEK NOT INCLUDING SUNDAY EMPLOYEES WHOSE REGULARLY SCHEDULED NONWORKDAYS WERE SUNDAY AND MONDAY DURING THE PERIOD WHEN THE HOLIDAYS OF DECEMBER 24. (BOTH MONDAYS) OCCURRED ARE NOT ENTITLED TO AN EXTRA DAY OFF FOR EACH OF THE HOLIDAYS ON THE BASIS OF AN ADMINISTRATIVE DESIGNATION THAT MONDAY WAS IN LIEU OF SUNDAY WITHIN THE MEANING OF SECTION 4 (B) OF EXECUTIVE ORDER NO. 10358. WHICH PERMITS THE DESIGNATION OF A REGULAR WEEKLY NONWORKDAY IN LIEU OF SUNDAY ONLY WHEN SUNDAY IS A WORKDAY IN THE BASIC WORKWEEK. IS 80 HOURS OR 10 DAYS ON ( TUESDAY. IT WAS ADMINISTRATIVELY ESTABLISHED THAT THE 4 DAYS OFF WOULD BE DESIGNATED AS FOLLOWS: FRIDAY AS SATURDAY.

B-134985, FEBRUARY 27, 1958, 37 COMP. GEN. 554

CIVILIAN PERSONNEL - HOLIDAYS FALLING ON DAY DESIGNATED AS SUNDAY - WORKWEEK NOT INCLUDING SUNDAY EMPLOYEES WHOSE REGULARLY SCHEDULED NONWORKDAYS WERE SUNDAY AND MONDAY DURING THE PERIOD WHEN THE HOLIDAYS OF DECEMBER 24, 1956, AND JANUARY 21, 1957, (BOTH MONDAYS) OCCURRED ARE NOT ENTITLED TO AN EXTRA DAY OFF FOR EACH OF THE HOLIDAYS ON THE BASIS OF AN ADMINISTRATIVE DESIGNATION THAT MONDAY WAS IN LIEU OF SUNDAY WITHIN THE MEANING OF SECTION 4 (B) OF EXECUTIVE ORDER NO. 10358, 5 U.S.C. 86 (A) NOTE, WHICH PERMITS THE DESIGNATION OF A REGULAR WEEKLY NONWORKDAY IN LIEU OF SUNDAY ONLY WHEN SUNDAY IS A WORKDAY IN THE BASIC WORKWEEK.

TO THE SECRETARY OF THE TREASURY, FEBRUARY 27, 1958:

ON JANUARY 20, 1958, THE ADMINISTRATIVE ASSISTANT SECRETARY FORWARDED TO US A LETTER FROM THE ASSISTANT DIRECTOR OF ADMINISTRATIVE SERVICES QUESTIONING OUR AUDIT ACTION REGARDING THE APPLICATION OF EXECUTIVE ORDER NO. 10358 OF JUNE 9, 1952, AND THE JOINT RESOLUTION OF JANUARY 11, 1957, 71 STAT. 3, 5 U.S.C. 86A, NOTE, TO CERTAIN ENGINEERS EMPLOYED IN THE OFFICE OF ADMINISTRATIVE SERVICES, TREASURY DEPARTMENT.

IT APPEARS THAT THE SCHEDULE OF WORK FOR THE ENGINEERS AS SET FORTH ADMINISTRATIVELY ON DECEMBER 13, 1956, IS 80 HOURS OR 10 DAYS ON ( TUESDAY, WEDNESDAY, THURSDAY, FRIDAY, SATURDAY, SUNDAY, MONDAY, TUESDAY, WEDNESDAY, AND THURSDAY), AND 32 HOURS OR 4 DAYS OFF ( FRIDAY, SATURDAY, SUNDAY, AND MONDAY). THIS CONSTITUTES AN ALTERNATING SCHEDULE OF 5 WORKDAYS PER WORKWEEK. UNDER THAT ARRANGEMENT, AN ENGINEER MIGHT BE SCHEDULED FOR TUESDAY THROUGH SATURDAY IN THE FIRST WEEK, AND SUNDAY THROUGH THURSDAY ON THE FOLLOWING WEEK. HE WOULD THEN BE OFF FOR 4 CONSECUTIVE DAYS, FRIDAY THROUGH MONDAY, AND THEN THE SCHEDULE WOULD BE REPEATED. ON DECEMBER 18, 1956, IT WAS ADMINISTRATIVELY ESTABLISHED THAT THE 4 DAYS OFF WOULD BE DESIGNATED AS FOLLOWS: FRIDAY AS SATURDAY, SATURDAY AS SUNDAY, SUNDAY AS SATURDAY, AND MONDAY AS SUNDAY.

THE PRESIDENT'S MEMORANDUM OF NOVEMBER 23, 1956, 21 FR 9239, PROVIDED THAT EMPLOYEES WHOSE SERVICES COULD BE SPARED SHOULD BE EXCUSED FROM DUTY ON MONDAY, DECEMBER 24, 1956, AND THAT SUCH DAY SHOULD BE CONSIDERED A HOLIDAY WITHIN THE MEANING OF EXECUTIVE ORDER NO. 10358 AND OF ALL STATUTES SO FAR AS THEY RELATE TO THE COMPENSATION AND LEAVE OF EMPLOYEES OF THE UNITED STATES. THE JOINT RESOLUTION OF JANUARY 11, 1957, PROVIDES THAT THE 20TH DAY OF JANUARY 1957, AND THE 20TH DAY OF JANUARY IN EVERY FOURTH YEAR THEREAFTER, KNOWN AS INAUGURATION DAY, IS MADE A LEGAL HOLIDAY IN THE METROPOLITAN AREA OF THE DISTRICT OF COLUMBIA, WITH THE PROVISO THAT WHENEVER THE 20TH DAY OF JANUARY IN ANY SUCH YEAR SHALL FALL ON A SUNDAY, THE NEXT SUCCEEDING DAY SELECTED FOR THE PUBLIC OBSERVANCE OF THE INAUGURATION OF THE PRESIDENT SHOULD BE CONSIDERED A LEGAL HOLIDAY AS PROVIDED BY THAT JOINT RESOLUTION. SINCE JANUARY 20, 1957, FELL ON A SUNDAY, MONDAY, JANUARY 21, 1957, WHICH WAS SELECTED FOR THE PUBLIC OBSERVANCE OF THE INAUGURATION, WAS A LEGAL HOLIDAY UNDER THE CLEAR AND UNAMBIGUOUS TERMS OF THE PROVISO.

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

ANY EMPLOYEE WHOSE BASIC WORKWEEK INCLUDES SUNDAY AND WHO WUULD 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 NONWORKDAY IN LIEU OF SUNDAY.

THE ENGINEERS WHOSE SCHEDULES DID NOT PROVIDE FOR WORK ON THE MONDAYS, DECEMBER 24, 1956, AND JANUARY 21, 1957, WERE GIVEN ADMINISTRATIVELY AN EXTRA DAY OFF ( TUESDAY, THE NEXT SCHEDULED WORKDAY) FOR SUCH DAYS PURPORTEDLY PURSUANT TO EXECUTIVE ORDER NO. 10358, THE PRESIDENT'S MEMORANDUM OF NOVEMBER 23, 1956, AND THE JOINT RESOLUTION OF JANUARY 11, 1957. WE QUESTIONED THAT ACTION BY INFORMAL AUDIT INQUIRIES.

THE DESIGNATION OF SUNDAY AS SATURDAY AND MONDAY AS SUNDAY IS NOT AUTHORIZED BY SECTION 4 (B) OF EXECUTIVE ORDER NO. 10358 WHICH AUTHORIZES THE DESIGNATION OF A REGULAR WEEKLY NONWORKDAY IN LIEU OF SUNDAY ONLY WHEN SUNDAY IS INCLUDED IN THE BASIC WORKWEEK.

BOTH SUNDAY AND MONDAY WERE SCHEDULED NONWORKDAYS FOR THE INVOLVED EMPLOYEES FOR THE ADMINISTRATIVE WORKWEEKS WITHIN WHICH THE HOLIDAYS OF DECEMBER 24, 1956, AND JANUARY 21, 1957, OCCURRED. THUS, THE DESIGNATION OF MONDAY AS A DAY OFF IN LIEU OF SUNDAY WAS IMPROPER. CONSEQUENTLY, AS DECEMBER 24, 1956, AND JANUARY 21, 1957, DID NOT PROPERLY FALL UPON THE EMPLOYEES' DAYS OFF IN LIEU OF SUNDAY THERE WAS NO BASIS FOR EXCUSING THE EMPLOYEES FROM DUTY ON THE NEXT SCHEDULED WORKDAYS. CF. 32 COMP. GEN. 320.

CONCERNING THE CHANGE IN "LIEU DAYS," EFFECTED ON NOVEMBER 6, 1957, WE SHOULD LIKE TO SAY THAT THE SELECTION OF A REGULAR WEEKLY NONWORKDAY IN LIEU OF SUNDAY UNDER SECTION 4 (B) OF EXECUTIVE ORDER NO. 10358 IS ENTIRELY AN ADMINISTRATIVE FUNCTION.