B-164973, SEP. 23, 1968

B-164973, SEP. 23, 1968

TO MR. BARNEY FARBER:

THIS IS WITH REFERENCE TO YOUR LETTER OF JULY 30, 1968, SUBMITTING FOR ADVANCE DECISION THE QUESTION OF ENTITLEMENT TO SUNDAY PREMIUM PAY ON THE PART OF MR. HOWARD G. GILES, A SPECIAL PAY RATE EMPLOYEE OF THE DISTRICT OF COLUMBIA.

IN YOUR SUBMISSION YOU HAVE STATED THAT MR. GILES' BASIC WORKWEEK IS THE FIRST 40 HOURS IN THE ADMINISTRATIVE WORKWEEK. INFORMALLY OUR OFFICE HAS BEEN ADVISED THAT MR. GILES DOES HAVE A REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK. IT ALSO APPEARS THAT THE SUNDAY WORK WAS PERFORMED BY MR. GILES AT THE DIRECTION OF HIS SUPERIORS IN ACCORDANCE WITH A PLAN AND THAT IT RECURRED REGULARLY. HIS TIME AND ATTENDANCE REPORT SHOWS THAT THE TOUR OF DUTY INCLUDED 4 HOURS OF WORK EACH SUNDAY.

THE PROVISIONS RELATING TO PREMIUM COMPENSATION FOR SUNDAY WORK WERE ADDED BY SECTION 405 (C) OF THE FEDERAL EMPLOYEES SALARY ACT OF 1966, PUBLIC LAW 89-504, APPROVED JULY 18, 1966, 780 STAT. 288, AS AN AMENDMENT TO THE FEDERAL EMPLOYEES PAY ACT OF 1945 AS FOLLOWS:

"-SEC. 302. ANY REGULARLY SCHEDULED EIGHT-HOUR PERIOD OF SERVICE WHICH IS NOT OVERTIME WORK AS DEFINED IN SECTION 201 OF THIS ACT ANY PART OF WHICH IS PERFORMED WITHIN THE PERIOD COMMENCING AT MIDNIGHT SATURDAY AND ENDING AT MIDNIGHT SUNDAY SHALL BE COMPENSATED FOR THE ENTIRE PERIOD OF SERVICE AT THE RATE OF BASIC COMPENSATION OF THE OFFICER OR EMPLOYEE PERFORMING SUCH WORK PLUS PREMIUM COMPENSATION AT A RATE EQUAL TO 25 PERCENTUM OF HIS RATE OF BASIC COMPENSATION.-"

IN 5 CFR 550.103 OF THE CIVIL SERVICE COMMISSION'S REGULATIONS "SUNDAY WORK" IS DEFINED AS FOLLOWS:

"/P) -SUNDAY WORK- MEANS ALL WORK DURING A REGULARLY SCHEDULED TOUR OF DUTY WITHIN A BASIC WORKWEEK WHEN ANY PART OF THAT WORK IS PERFORMED ON SUNDAY.'

SECTION 550.171 OF THE REGULATIONS AUTHORIZES PAY FOR SUNDAY WORK AS FOLLOWS:

"AN EMPLOYEE IS ENTITLED TO COMPENSATION AT HIS RATE OF BASIC COMPENSATION PLUS PREMIUM PAY AT A RATE EQUAL TO 25 PERCENT OF HIS RATE OF BASIC COMPENSATION FOR EACH HOUR OF SUNDAY WORK NOT IN EXCESS OF 8 HOURS.'

IN 46 COMP. GEN. 337, 339 IN INTERPRETING THE TERM "EIGHT-HOUR PERIOD OF SERVICE" WE HELD:

"ON THE OTHER HAND WE REGARD THE WORDS -EIGHT-HOUR PERIOD OF SERVICE APPEARING IN THE QUOTED PROVISIONS AS A LIMITATION UPON THE NUMBER OF HOURS FOR WHICH PREMIUM PAY MAY BE MADE FOR THE PERIOD OF SERVICE AND NOT AS REQUIRING THAT THE EMPLOYEE HAVE A REGULARLY SCHEDULED 8-HOUR PERIOD OF DUTY FOR THE DAY FOR WHICH SUCH PREMIUM COMPENSATION IS OTHERWISE PAYABLE. THUS, A FULL-TIME EMPLOYEE WHOSE REGULARLY SCHEDULED TOUR OF DUTY INCLUDES A PERIOD OF SERVICE OF LESS THAN 8 HOURS ANY PART OF WHICH FALLS BETWEEN MIDNIGHT SATURDAY AND MIDNIGHT SUNDAY IS ENTITLED TO PREMIUM PAY FOR THE NUMBER OF HOURS WORKED NOT IN EXCESS OF THE NUMBER OF HOURS REGULARLY SCHEDULED FOR SUCH PERIOD.'

SINCE MR. GILES DOES ACTUALLY HAVE A REGULAR WORK SCHEDULE AND AS HIS 4 HOURS OF WORK ON SUNDAY IS PERFORMED REGULARLY UNDER A SCHEDULE SET UP BY HIS SUPERVISORS THE FACTS OF HIS CASE WOULD APPEAR TO COME WITHIN THE SCOPE OF THE ABOVE DECISION. ACCORDINGLY, THE 4 HOURS OF WORK PERFORMED BY HIM ON SUNDAY WOULD BE COMPENSABLE AT SUNDAY PREMIUM RATES.