B-155018, JAN. 14, 1966

B-155018, JAN. 14, 1966

TO MR. C. H. SMITH, AUTHORIZED CERTIFYING OFFICER, SOUTHWESTERN POWER ADMINISTRATION:

YOUR LETTER OF DECEMBER 3, 1965, REFERENCE SPA-ABF, WITH ENCLOSED VOUCHER FOR $92.96 IN FAVOR OF MR. JOE R. JOHNSON COVERING COMPENSATION FOR HOLIDAYS MAY 31 AND JULY 5, 1965, ASKS OUR DECISION WHETHER THE VOUCHER LAWFULLY MAY BE CERTIFIED FOR PAYMENT.

ENCLOSURES WITH YOUR LETTER INCLUDE A COPY OF SPA GENERAL ORDER NO. 116, REVISED, DATED JANUARY 7, 1965. SECTION 4.06 OF THAT ORDER PROVIDES THAT THE BASIC WORKWEEK OF THE REALTY OFFICER, WHOM WE UNDERSTAND TO BE MR. JOHNSON, IS ESTABLISHED AS THE FIRST 40 HOURS OF THE ADMINISTRATIVE WORKWEEK.

EXECUTIVE ORDER NO. 11226 DATED MAY 27, 1965, CITED IN YOUR LETTER, PROVIDES HOLIDAYS FOR FULL-TIME EMPLOYEES WHOSE BASIC WORKWEEK CONSISTS OF THE FIRST 40 HOURS OF DUTY PERFORMED WITHIN A PERIOD OF NOT MORE THAN SIX DAYS OF THE ADMINISTRATIVE WORKWEEK. THUS, ITS COVERAGE IS LIMITED TO THOSE EMPLOYEES WHO IN EACH ADMINISTRATIVE WORKWEEK ARE REQUIRED TO WORK A BASIC TOUR OF DUTY OF 40 HOURS.

WHILE GENERAL ORDER NO. 116 SEEMS TO REQUIRE THAT MR. JOHNSON'S BASIC WORKWEEK WOULD CONSIST OF HIS FIRST 40 HOURS OF DUTY, AND APPARENTLY CONTEMPLATES THAT HE PERFORM SUCH DUTY SO AS TO COME WITHIN THE COVERAGE OF THE EXECUTIVE ORDER, YOUR LETTER INDICATES THAT MR. JOHNSON IS NOT IN FACT A FULL-TIME EMPLOYEE BUT RATHER SERVES ON A "WHEN-ACTUALLY-EMPLOYED" BASIS. WE INTERPRET YOUR STATEMENT TO MEAN THAT HE IS NOT REQUIRED TO WORK 40 HOURS EACH WEEK.

BASED UPON THE INFORMATION PRESENTLY OF RECORD HERE WE MAY NOT PROPERLY APPROVE THE CERTIFICATION OF THE VOUCHER WHICH WE RETURN HEREWITH.