B-150915, OCT. 3, 1963

B-150915: Oct 3, 1963

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TO LIBRARIAN OF CONGRESS: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 21. REQUESTING OUR DECISION AS TO WHETHER PAYMENT OF THE WAGES OF A LABORER TO CLEAN THE AREA ADJACENT TO THE SNACK BAR IN THE LIBRARY OF CONGRESS IS INCUMBENT UPON THE LIBRARY OR THE OPERATORS OF THE SNACK BAR. THE PAYMENT OF WAGES FROM APPROPRIATED FUNDS TO AN EMPLOYEE OF THE LIBRARY WHO PERFORMED SERVICES AS AN ATTENDANT IN A SNACK BAR IN THE LIBRARY BUILDING BECAUSE IT APPEARED THAT THE SERVICES WERE PERFORMED PRIMARILY FOR THE OPERATORS OF THE SNACK BAR. AN ATTENDANT WAS EMPLOYED BY THE OPERATORS OF THE SNACK BAR AND. THE INSTANT CASE IS LIMITED TO THE QUESTION OF THE PAYMENT OF WAGES TO A LABORER TO CLEAN AN AREA ADJACENT TO THE SNACK BAR.

B-150915, OCT. 3, 1963

TO LIBRARIAN OF CONGRESS:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 21, 1963, REQUESTING OUR DECISION AS TO WHETHER PAYMENT OF THE WAGES OF A LABORER TO CLEAN THE AREA ADJACENT TO THE SNACK BAR IN THE LIBRARY OF CONGRESS IS INCUMBENT UPON THE LIBRARY OR THE OPERATORS OF THE SNACK BAR.

THE RECORD SHOWS THAT WE QUESTIONED BY INFORMAL INQUIRY, DATED JANUARY 28, 1963, THE PAYMENT OF WAGES FROM APPROPRIATED FUNDS TO AN EMPLOYEE OF THE LIBRARY WHO PERFORMED SERVICES AS AN ATTENDANT IN A SNACK BAR IN THE LIBRARY BUILDING BECAUSE IT APPEARED THAT THE SERVICES WERE PERFORMED PRIMARILY FOR THE OPERATORS OF THE SNACK BAR, THE WASHINGTON SOCIETY FOR THE BLIND. OFFICIALS OF THE LIBRARY APPARENTLY AGREED THAT LIBRARY FUNDS SHOULD NOT BE USED TO PAY THE WAGES OF A LABORER PERFORMING SERVICES AS A SNACK BAR ATTENDANT AND ASSIGNED THE EMPLOYEE TO OTHER DUTIES IN THE LIBRARY. CONSEQUENTLY, AN ATTENDANT WAS EMPLOYED BY THE OPERATORS OF THE SNACK BAR AND, BY LETTER OF JUNE 20, 1963, TO THE ASSOCIATE DIRECTOR, ADMINISTRATIVE DEPARTMENT, LIBRARY OF CONGRESS, THE OPERATORS OBJECTED TO PAYING THE ATTENDANT.

THE INSTANT CASE IS LIMITED TO THE QUESTION OF THE PAYMENT OF WAGES TO A LABORER TO CLEAN AN AREA ADJACENT TO THE SNACK BAR. YOU SAY THAT THE AREA, WHILE ADJACENT TO THE SNACK BAR IS SEPARATE FROM IT, AND WAS OPEN BEFORE THE SNACK BAR WAS OPERATED. ALSO, THIS AREA WOULD HAVE TO BE PROVIDED WHETHER OR NOT THE SNACK BAR EXISTED BECAUSE TO PROTECT ITS COLLECTIONS THE LIBRARY HAS FOUND IT NECESSARY TO CONCENTRATE EATING AND SMOKING FACILITIES IN AN AREA SEPARATE FROM ANY PART OF ITS COLLECTION WHICH IS EASILY CONTROLLED AND SUPERVISED. THE AREA IS AVAILABLE TO LIBRARY EMPLOYEES AND VISITORS TO THE LIBRARY AT ALL TIMES THAT THE LIBRARY IS OPEN AND, VENDING MACHINES HAVE BEEN INSTALLED TO PROVIDE SERVICE WHEN THE SNACK BAR IS CLOSED.

IN VIEW OF THE FOREGOING, WE BELIEVE THAT THERE IS SUFFICIENT BASIS TO SUPPORT AN ADMINISTRATIVE DETERMINATION THAT THE CLEANING OF THE AREA ADJACENT TO THE SNACK BAR IS THE RESPONSIBILITY OF THE LIBRARY. IF SUCH DETERMINATION IS MADE, WE WOULD HAVE NO OBJECTION TO THE PAYMENT OF WAGES TO A LABORER TO CLEAN THE AREA.