B-140316, AUGUST 13, 1959, 39 COMP. GEN. 91

B-140316: Aug 13, 1959

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WHO WERE CALLED BACK FOR DUTY ON JULY 4. ARE NOT TO BE CHARGED FOR LEAVE FOR JULY 3. EMPLOYEES WHO HAD REGULAR TOURS OF DUTY FROM MONDAY THROUGH FRIDAY BUT WHO WERE REQUIRED TO WORK ON JULY 3 AND JULY 4. ARE NOT ENTITLED TO COMPENSATORY TIME OFF ON AN ALTERNATE DAY FOR JULY 3. EMPLOYEES WHO HAVE REGULAR TOURS OF DUTY FROM SATURDAY THROUGH THURSDAY OF THE WEEK IN WHICH THE JULY 4. AS JULY 4 WAS A SATURDAY. " THE PREAMBLE OF EXECUTIVE ORDER NO. 10825 STATES "IT IS APPROPRIATE THAT THOSE EMPLOYEES WHO DO NOT REGULARLY WORK ON THAT DAY BE GIVEN AN ALTERNATE DAY IN SPECIAL OBSERVANCE OF THIS ANNIVERSARY.'. IT WAS ESSENTIAL TO REMOVE THE DEBRIS AND DAMAGED EQUIPMENT. A LARGE GROUP OF EMPLOYEES WHOSE REGULAR TOUR OF DUTY WAS MONDAY THROUGH FRIDAY THAT WEEK WERE REQUIRED TO WORK ON BOTH FRIDAY AND SATURDAY.

B-140316, AUGUST 13, 1959, 39 COMP. GEN. 91

CIVILIAN PERSONNEL - LEAVE AND COMPENSATION - HOLIDAYS - JULY 4, 1959 EMPLOYEES WHO HAD BEEN EXCUSED ON JULY 3, 1959, PURSUANT TO EXECUTIVE ORDER NO. 10825, BECAUSE THE JULY 4TH HOLIDAY FELL ON SATURDAY THEIR NONWORKDAY, BUT WHO WERE CALLED BACK FOR DUTY ON JULY 4, 1959, ARE NOT TO BE CHARGED FOR LEAVE FOR JULY 3, 1959. EMPLOYEES WHO HAD REGULAR TOURS OF DUTY FROM MONDAY THROUGH FRIDAY BUT WHO WERE REQUIRED TO WORK ON JULY 3 AND JULY 4, 1959, DUE TO AN EMERGENCY SITUATION, ARE NOT ENTITLED TO COMPENSATORY TIME OFF ON AN ALTERNATE DAY FOR JULY 3, 1959, UNDER EXECUTIVE ORDER NO. 10825, WHICH DOES NOT COVER EMPLOYEES WHO WOULD RECEIVE HOLIDAY OR PREMIUM PAY OR COMPENSATORY TIME IN LIEU THEREOF; HOWEVER, SUCH EMPLOYEES WOULD BE ENTITLED TO PREMIUM (OVERTIME) PAY OR COMPENSATORY TIME IN LIEU THEREOF UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 5 U.S.C. 912, 912A. EMPLOYEES WHO HAVE REGULAR TOURS OF DUTY FROM SATURDAY THROUGH THURSDAY OF THE WEEK IN WHICH THE JULY 4, 1959, HOLIDAY FELL AND WHO WORKED ON JULY 2, 3, AND 4, 1959, WOULD NOT COME WITHIN THE SCOPE OF EXECUTIVE ORDER NO. 10825, FOR ENTITLEMENT TO BE EXCUSED ON SOME OTHER WORKDAY DURING FISCAL YEAR 1960, BUT WOULD BE ENTITLED ONLY TO COMPENSATION OR COMPENSATORY TIME AS PROVIDED UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945, 5 U.S.C. 912, 912A.

TO THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION, AUGUST 13, 1959:

YOUR LETTER OF JULY 24, 1959, REQUESTS OUR DECISION WHETHER UNDER EXECUTIVE ORDER NO. 10825 CERTAIN EMPLOYEES OF THE GENERAL SERVICES ADMINISTRATION WHO WORKED JULY 3 AND 4, 1959, MAY BE EXCUSED ON SOME OTHER WORKDAY DURING FISCAL YEAR 1960 FOR HAVING WORKED ON JULY 3.

AS JULY 4 WAS A SATURDAY,"A NON-WORKDAY FOR MANY EMPLOYEES," THE PREAMBLE OF EXECUTIVE ORDER NO. 10825 STATES "IT IS APPROPRIATE THAT THOSE EMPLOYEES WHO DO NOT REGULARLY WORK ON THAT DAY BE GIVEN AN ALTERNATE DAY IN SPECIAL OBSERVANCE OF THIS ANNIVERSARY.'

YOU SAY THAT AS A RESULT OF THE FIRE WHICH OCCURRED THURSDAY, JULY 2, AT THE PENTAGON BUILDING, IT WAS ESSENTIAL TO REMOVE THE DEBRIS AND DAMAGED EQUIPMENT, TO INSTALL SHORING UNDER DAMAGED BEAMS, AND TO RESTORE ESSENTIAL SERVICES. THEREFORE, A LARGE GROUP OF EMPLOYEES WHOSE REGULAR TOUR OF DUTY WAS MONDAY THROUGH FRIDAY THAT WEEK WERE REQUIRED TO WORK ON BOTH FRIDAY AND SATURDAY, JULY 3 AND 4; THAT OTHER GROUPS OF EMPLOYEES, WHO HAD BEEN EXCUSED FOR JULY 3, WERE CALLED BACK TO WORK ON JULY 4. ALSO, YOU SAY THAT ALL OF THESE EMPLOYEES WOULD HAVE BEEN EXCUSED JULY 3, AND NO OVERTIME WAS SCHEDULED FOR JULY 4, HAD THE FIRE DAMAGE NOT OCCURRED.

SECTION 1 (A) OF EXECUTIVE ORDER NO. 10825 PROVIDES THAT, EXCEPT AS PROVIDED IN SECTION 2, EMPLOYEES WHOSE BASIC WORKWEEK INCLUDES FRIDAY, JULY 3, 1959, AND WHO WOULD ORDINARILY BE EXCUSED FROM WORK ON A HOLIDAY FALLING WITHIN THEIR BASIC WORKWEEK, SHALL BE EXCUSED FROM DUTY ALL DAY ON FRIDAY, JULY 3, 1959; BUT THAT SUCH DAY SHALL NOT BE CONSIDERED A HOLIDAY WITHIN THE MEANING OF EXECUTIVE ORDER NO. 10358 OR OF ANY STATUTES RELATING TO COMPENSATION AND LEAVE OF EMPLOYEES OF THE UNITED STATES. SECTION 2 (A) PROVIDES IN PART THAT EXECUTIVE ORDER NO. 10825 SHALL NOT BE CONSTRUED AS EXCUSING FROM DUTY THOSE EMPLOYEES WHO FOR NATIONAL SECURITY OR OTHER PUBLIC REASONS SHOULD BE AT THEIR POSTS OF DUTY ON JULY 3, 1959. YOUR DOUBT IN THE MATTER ARISES BECAUSE OF SECTION 2 (B) WHICH READS AS FOLLOWS:

(B) THIS ORDER SHALL NOT APPLY TO (I) ANY EMPLOYEE WHO RECEIVES HOLIDAY OR PREMIUM PAY OR COMPENSATORY TIME IN LIEU THEREOF, FOR WORK PERFORMED ON SATURDAY, JULY 4, 1959, OR ANY PART THEREOF, OR (II) ANY EMPLOYEE WHOSE BASIC WORK-WEEK INCLUDES SATURDAY, JULY 4, 1959, OR ANY PART THEREOF AND WHO IS EXCUSED FROM DUTY WITHOUT LOSS OF PAY OR LEAVE ON A WORKDAY WHICH INCLUDES ALL OR PART OF THAT DAY.

SECTION 3 PROVIDES ANY EMPLOYEE MENTIONED IN SECTION 1 WHO WOULD ORDINARILY BE EXCUSED FROM WORK ON A HOLIDAY, BUT WHO (I) IS NOT EXCUSED FROM DUTY ON FRIDAY, JULY 3, 1959, OR (II) WHOSE BASIC WORKWEEK DOES NOT INCLUDE JULY 3 OR ANY PORTION THEREOF, SHALL BE EXCUSED FROM DUTY WITHOUT CHARGE TO LEAVE OR LOSS OF PAY ON ONE OTHER WORKDAY IS FISCAL YEAR 1960. SECTION 4 PRECLUDES THE GRANTING OF ANY "HOLIDAY, PREMIUM, OR OVERTIME PAY" FOR ANY WORK PERFORMED ON FRIDAY, JULY 3, BUT WOULD PERMIT AGENCIES "TO GRANT COMPENSATORY TIME IN LIEU THEREOF" WITHOUT THE NEED FOR ADDITIONAL APPROPRIATIONS.

IN LIGHT OF THE FOREGOING PROVISIONS OF THE EXECUTIVE ORDER, YOUR EXPRESSED ASSUMPTION IS CORRECT, NAMELY, THAT EMPLOYEES WHO HAD BEEN EXCUSED FOR JULY 3, BUT WHO WERE CALLED BACK FOR DUTY ON JULY 4, WILL NOT BE CHARGEABLE FOR "LEAVE" FOR JULY 3. SEE 38 COMP. GEN. 869, COPY ATTACHED.

THE EXECUTIVE ORDER EXPRESSLY WAS DESIGNED TO EXCUSE EMPLOYEES WHO WOULD OTHERWISE WORK REGULARLY ON JULY 3 OR TO GRANT AN ALTERNATE DAY TO SUCH EMPLOYEES WHO DID NOT REGULARLY WORK ON SATURDAY, JULY 4, 1959, OR AS PROVIDED IN SECTION 3 (II) WHOSE WORKWEEK DID NOT INCLUDE JULY 3, 1959. HOWEVER, SECTION 2 (B) (I) PRECLUDES THE GRANT OF AN ALTERNATE DAY (FOR WORKING JULY 3) TO ,ANY EMPLOYEE WHO RECEIVES HOLIDAY OR PREMIUM PAY OR COMPENSATORY TIME IN LIEU THEREOF, FOR WORK PERFORMED ON SATURDAY, JULY 4, 1959, OR ANY PART THEREOF.' IN OTHER WORDS UNDER SECTION 2 (B) (II), ANY EMPLOYEE WHOSE REGULARLY SCHEDULED BASIC WORKWEEK INCLUDED SATURDAY, JULY 4, AND WHO WOULD RECEIVE HOLIDAY OR PREMIUM PAY FOR REGULAR WORK THAT DAY IS NOT COVERED BY THE EXECUTIVE ORDER NO. 10825. ANY SUCH EMPLOYEES WHO WERE CALLED BACK FOR WORK ON JULY 4 SHOULD RECEIVE PREMIUM (OVERTIME) PAY OR COMPENSATORY TIME IN LIEU THEREOF UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 5 U.S.C. 912, 912A. THE EXECUTIVE ORDER DOES NOT PROVIDE FOR EMERGENCY SITUATIONS.

THEREFORE, OUR VIEW IS THAT COMPENSATORY TIME OFF ON AN ALTERNATE DAY FOR JULY 3 MAY NOT BE GRANTED TO EMPLOYEES WHOSE REGULAR TOURS OF DUTY WERE MONDAY THROUGH FRIDAY BUT WHO WORKED BOTH FRIDAY AND SATURDAY, JULY 3 AND 4, 1959. 38 COMP. GEN. 869.

CONCERNING YOUR LAST QUESTION, ANY OF YOUR EMPLOYEES WHOSE REGULAR TOUR OF DUTY WAS SUNDAY THROUGH THURSDAY OF THAT WEEK, AND WHO WORKED AS STATED IN THE LETTER ON JULY 2, 3, AND 4, 1959, SIMILARLY WOULD NOT BE WITHIN THE SCOPE OF THE EXECUTIVE ORDER AND THUS WOULD BE ENTITLED ONLY TO SUCH COMPENSATION OR COMPENSATORY TIME OFF AS MAY BE PROVIDED BY THE PAY ACT OF 1945, 5 U.S.C. 911.