B-159802, AUGUST 26, 1966, 46 COMP. GEN. 176

B-159802: Aug 26, 1966

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IS THE ONLY AUTHORITY FOR THE PAYMENT OF PREMIUM PAY FOR REGULARLY SCHEDULED SUNDAY WORK PERFORMED BY A WAGE BOARD EMPLOYEE WITHIN A PRESCRIBED 8-HOUR TOUR OF NONOVERTIME DUTY. AS THE LANGUAGE OF THE ACT IS MANDATORY AND FOR UNIFORM APPLICATION. THE SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION MAY NOT UNDER 5 U.S.C. 1082/7) ESTABLISH THE EXTRA COMPENSATION AUTHORIZED FOR REGULARLY SCHEDULED SUNDAY WORK AT A RATE THAT IS GREATER THAN THE 25 PER CENTUM PROVIDED BY THE 1966 ACT. SINCE OUR DECISION COULD AFFECT THE COMPENSATION RIGHTS OF ALL WAGE BOARD EMPLOYEES OF THE CORPORATION AND SINCE NO SPECIFIC VOUCHER WAS SUBMITTED. WE ARE RENDERING OUR DECISION TO YOU IN THE MATTER. WE NOTE THAT THE CURRENT PAYMENTS FOR REGULARLY SCHEDULED SUNDAY WORK ARE BEING MADE AT THE 25 PER CENTUM RATE PENDING RECEIPT OF OUR ANSWER.

B-159802, AUGUST 26, 1966, 46 COMP. GEN. 176

COMPENSATION - WAGE BOARD EMPLOYEES - PREMIUM PAY - RATE LIMITATION. THE SUNDAY PREMIUM PAY RATE OF 25 PER CENTUM OF BASIC PAY AUTHORIZED BY 5 U.S.C. 673C, AS AMENDED BY SECTION 405/F) OF THE FEDERAL SALARY AND FRINGE BENEFITS ACT OF 1966, IS THE ONLY AUTHORITY FOR THE PAYMENT OF PREMIUM PAY FOR REGULARLY SCHEDULED SUNDAY WORK PERFORMED BY A WAGE BOARD EMPLOYEE WITHIN A PRESCRIBED 8-HOUR TOUR OF NONOVERTIME DUTY, ANY PART OF WHICH COMMENCES AT MIDNIGHT SATURDAY AND ENDS AT MIDNIGHT SUNDAY. AS THE LANGUAGE OF THE ACT IS MANDATORY AND FOR UNIFORM APPLICATION, THE SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION MAY NOT UNDER 5 U.S.C. 1082/7) ESTABLISH THE EXTRA COMPENSATION AUTHORIZED FOR REGULARLY SCHEDULED SUNDAY WORK AT A RATE THAT IS GREATER THAN THE 25 PER CENTUM PROVIDED BY THE 1966 ACT.

TO THE ADMINISTRATOR, SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION, AUGUST 26, 1966:

BY LETTER OF JULY 28, 1966, MR. F. E. MILLS, CERTIFYING OFFICER OF THE SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION, REQUESTED OUR DECISION AS TO WHETHER AFTER THE EFFECTIVE DATE OF THE AMENDMENT TO 5 U.S.C. 673C BY SECTION 405/F), PUBLIC LAW 89-504, JULY 18, 1966, THE FEDERAL SALARY AND FRINGE BENEFITS ACT OF 1966, 80 STAT. 298, ANY PAYROLL WHICH CONTAINS EXTRA COMPENSATION FOR REGULAR HOURS OF SUNDAY WORK AT A RATE GREATER THAN THE 25 PER CENTUM EXPRESSED MAY BE CERTIFIED FOR PAYMENT.

SINCE OUR DECISION COULD AFFECT THE COMPENSATION RIGHTS OF ALL WAGE BOARD EMPLOYEES OF THE CORPORATION AND SINCE NO SPECIFIC VOUCHER WAS SUBMITTED, WE ARE RENDERING OUR DECISION TO YOU IN THE MATTER. WE NOTE THAT THE CURRENT PAYMENTS FOR REGULARLY SCHEDULED SUNDAY WORK ARE BEING MADE AT THE 25 PER CENTUM RATE PENDING RECEIPT OF OUR ANSWER.

THE LETTER POINTS OUT THAT THE CORPORATION IS OF THE VIEW THAT ITS WAGE BOARD EMPLOYEES ARE SUBJECT TO THE PROVISIONS OF 5 U.S.C. 673C WHICH PROVISION WAS AMENDED BY SECTION 405/F) REFERRED TO ABOVE. SECTION 405/F) READS IN PART AS FOLLOWS:

* * * PROVIDED FURTHER, THAT EMPLOYEES SUBJECT TO THIS SECTION WHOSE REGULAR WORK SCHEDULE INCLUDES AN EIGHT-HOUR PERIOD OF SERVICE ANY PART OF WHICH IS WITHIN THE PERIOD COMMENCING AT MIDNIGHT SATURDAY AND ENDING AT MIDNIGHT SUNDAY SHALL BE PAID EXTRA COMPENSATION AT THE RATE OF 25 PER CENTUM OF HIS HOURLY RATE OF BASIC COMPENSATION FOR EACH HOUR OF WORK PERFORMED DURING THAT EIGHT-HOUR PERIOD OF SERVICE.

IN ADDITION THE LETTER POINTS OUT THAT EFFECTIVE JULY 28, 1964, AS THE RESULT OF A WAGE BOARD SURVEY OF PREVAILING RATES IN THE AREA SUNDAY PREMIUM PAY FOR REGULARLY SCHEDULED SUNDAY WORK WAS ESTABLISHED AT 50 PER CENTUM FOR YOUR WAGE BOARD EMPLOYEES. THIS RATE WAS ESTABLISHED UNDER THE PROVISIONS OF 5 U.S.C. 1082/7), COVERING EMPLOYEES IN RECOGNIZED TRADES AND CRAFTS, ETC; WHICH AUTHORIZES THE FIXING AND ADJUSTING OF COMPENSATION FROM TIME TO TIME AS NEARLY AS IS CONSISTENT WITH THE PUBLIC INTEREST IN ACCORDANCE WITH PREVAILING RATES.

OVERTIME IS SPECIFICALLY PROVIDED FOR WAGE BOARD EMPLOYEES BY 5 U.S.C. 673C. SECTION 405/F) AMENDS THAT PROVISION BY REQUIRING SUNDAY PREMIUM PAY "AT THE RATE OF 25 PER CENTUM;, THE LEGISLATIVE HISTORY SHOWS THAT THIS PROVISO WAS INTENDED TO EXTEND THE SAME BENEFITS ACCORDED POSTAL EMPLOYEES IN PUBLIC LAW 89-301, OCTOBER 29, 1965, 79 STAT. 1111, 5 U.S.C. 1113 NOTE. WE FIND NO INDICATION IN THE LEGISLATIVE HISTORY OR IN THE PROVISIONS OF THE STATUTE THAT THE CONGRESS INTENDED THAT THE RATE SO SPECIFIED COULD BE EXCEEDED BY APPLICATION OF THE GENERAL COMPENSATION PROVISIONS APPLICABLE TO GOVERNMENT WAGE BOARD EMPLOYEES.

IN VIEW OF THE FOREGOING WE ARE OF THE OPINION THAT SECTION 405/F) REPRESENTS THE ONLY AUTHORITY FOR SUCH PREMIUM PAY---AS IS PROVIDED RESPECTING OVERTIME IN 5 U.S.C. 673C---FOR REGULARLY SCHEDULED SUNDAY WORK PERFORMED BY WAGE BOARD EMPLOYEES WITHIN THEIR PRESCRIBED TOURS OF DUTY--- NONOVERTIME---AND THAT THE MANDATORY LANGUAGE THEREOF REQUIRES UNIFORM APPLICATION OF THE AUTHORIZED 25 PER CENTUM IN ALL AREAS. THE QUESTION PRESENTED IS ANSWERED IN THE NEGATIVE.