B-142776, JUN. 15, 1960

B-142776: Jun 15, 1960

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THE ASSISTANT SECRETARY OF COMMERCE REQUESTED OUR DECISION AS TO WHETHER EMPLOYEES OF THE WEATHER BUREAU AT ALASKAN STATIONS WHO HAVE A WORKWEEK OF FOUR CONSECUTIVE 12-HOUR DAYS (40 HOURS AT REGULAR PAY RATES AND 8 HOURS AT OVERTIME RATES). IS IT REQUIRED UNDER PUBLIC LAW 86-362 THAT ADMINISTRATIVE ACTION BE TAKEN TO DESIGNATE A DAY IN LIEU OF SATURDAY FOR EMPLOYEES WHOSE BASIC WORKWEEK IS OTHER THAN MONDAY THROUGH FRIDAY? "2. IF THE ANSWER TO 1 IS IN THE NEGATIVE. IF THE ANSWER TO 1 IS IN THE AFFIRMATIVE. - "/A) MAY IT BE ADMINISTRATIVELY DETERMINED WHICH OF THE TWO NONWORKDAYS WILL BE DESIGNATED IN LIEU OF SATURDAY? "/B) IS THERE ANY BASIS FOR ADMINISTRATIVE ACTION IN AUTHORIZING EXCUSED TIME ON ONE OF THE DAYS OF THE FOUR-DAY WORKWEEK WHENEVER A HOLIDAY FALLS ON THE NONWORKDAY WHICH IS NOT DESIGNATED AS AN IN-LIEU DAY FOR EITHER SATURDAY OR SUNDAY?

B-142776, JUN. 15, 1960

TO THE SECRETARY OF COMMERCE:

ON APRIL 29, 1960, THE ASSISTANT SECRETARY OF COMMERCE REQUESTED OUR DECISION AS TO WHETHER EMPLOYEES OF THE WEATHER BUREAU AT ALASKAN STATIONS WHO HAVE A WORKWEEK OF FOUR CONSECUTIVE 12-HOUR DAYS (40 HOURS AT REGULAR PAY RATES AND 8 HOURS AT OVERTIME RATES), FOLLOWED BY THREE CONSECUTIVE NONWORKDAYS MAY BE GRANTED TIME OFF ON REGULARLY SCHEDULED WORKDAYS FOR HOLIDAYS OCCURRING ON NONWORKDAYS OTHER THAN DAYS OFF DESIGNATED IN LIEU OF SATURDAY OR SUNDAY.

SPECIFICALLY, THE ASSISTANT SECRETARY'S LETTER PRESENTS FOR DECISION THE FOLLOWING QUESTIONS:

"1. IS IT REQUIRED UNDER PUBLIC LAW 86-362 THAT ADMINISTRATIVE ACTION BE TAKEN TO DESIGNATE A DAY IN LIEU OF SATURDAY FOR EMPLOYEES WHOSE BASIC WORKWEEK IS OTHER THAN MONDAY THROUGH FRIDAY?

"2. IF THE ANSWER TO 1 IS IN THE NEGATIVE, MAY AN EMPLOYEE WORKING A FOUR -DAY WORKWEEK RECEIVE THE BENEFIT OF A HOLIDAY FALLING ON ONE OR BOTH OF THE TWO NONWORKDAYS REMAINING AFTER THE DESIGNATION OF THE IN LIEU DAY FOR SUNDAY?

"3. IF THE ANSWER TO 1 IS IN THE AFFIRMATIVE---

"/A) MAY IT BE ADMINISTRATIVELY DETERMINED WHICH OF THE TWO NONWORKDAYS WILL BE DESIGNATED IN LIEU OF SATURDAY?

"/B) IS THERE ANY BASIS FOR ADMINISTRATIVE ACTION IN AUTHORIZING EXCUSED TIME ON ONE OF THE DAYS OF THE FOUR-DAY WORKWEEK WHENEVER A HOLIDAY FALLS ON THE NONWORKDAY WHICH IS NOT DESIGNATED AS AN IN-LIEU DAY FOR EITHER SATURDAY OR SUNDAY?

SECTION 1 OF PUBLIC LAW 86-362, APPROVED SEPTEMBER 22, 1959, 5 U.S.C. 87C, PROVIDES IN PERTINENT PART AS FOLLOWS:

"THAT, FOR THE PURPOSES OF PROVISIONS OF LAW RELATING TO PAY AND LEAVE OF ABSENCE OF CIVILIAN OFFICERS AND EMPLOYEES IN OR UNDER THE GOVERNMENT OF THE UNITED STATES, WITH RESPECT TO NEW YEAR'S DAY (JANUARY 1), WASHINGTON'S BIRTHDAY (FEBRUARY 22), MEMORIAL DAY (MAY 30), INDEPENDENCE DAY (JULY 4), VETERANS DAY (NOVEMBER 11), CHRISTMAS DAY (DECEMBER 25), OR ANY OTHER DAY DECLARED TO BE A HOLIDAY BY FEDERAL STATUTE OR EXECUTIVE ORDER, THE FOLLOWING RULES SHALL APPLY:

"/2) IF ANY SUCH DAY SHALL OCCUR ON A REGULAR WEEKLY NONWORKDAY OF ANY OFFICER OR EMPLOYEE WHOSE BASIC WORKWEEK IS OTHER THAN MONDAY THROUGH FRIDAY (EXCEPT THE REGULAR WEEKLY NONWORKDAY ADMINISTRATIVELY SCHEDULED FOR SUCH OFFICER OR EMPLOYEE IN LIEU OF SUNDAY) THE WORKDAY IMMEDIATELY PRECEDING SUCH REGULAR WEEKLY NONWORKDAY SHALL BE HELD AND CONSIDERED TO BE A LEGAL PUBLIC HOLIDAY FOR SUCH OFFICER OR EMPLOYEE IN LIEU OF SUCH DAY WHICH SO OCCURS ON SUCH REGULAR WEEKLY NONWORKDAY.'

THE PURPOSE OF THE ACT OF SEPTEMBER 22, 1959, 5 U.S.C. 87C, AS DISCLOSED BY ITS LEGISLATIVE HISTORY IS TO INSURE EQUAL TREATMENT FOR ALL FEDERAL EMPLOYEES REGARDING THE OBSERVANCE OF THE USUAL EIGHT LEGAL HOLIDAYS IN EVERY YEAR, REGARDLESS OF THE DAY OF THE WEEK ON WHICH ANY SUCH HOLIDAY MAY FALL.

THEREFORE, QUESTION 1 IS ANSWERED IN THE NEGATIVE AND QUESTION 2 IN THE AFFIRMATIVE. SINCE THE ANSWER TO QUESTION 1 IS IN THE NEGATIVE, NO ANSWER TO QUESTION 3 IS NECESSARY.