B-168528, JAN. 2, 1970

B-168528, JAN. 2, 1970

CIVIL PAY--HOLIDAY PAY--TRAINING COURSES DECISION TO CHIEF, ACCOUNTING AND FINANCE DEFENSE ELECTRONICS SUPPLY CENTER AUTHORIZING PAYMENT OF HOLIDAY PAY FOR NOVEMBER 11, 1969, TO THREE EMPLOYEES ATTENDING TRAINING COURSES ON THAT DAY. ON THE BASIS OF INFORMATION THAT THE TRAINING COURSES AT NON GOVERNMENT FACILITIES ATTENDED ON A HOLIDAY COULD NOT HAVE BEEN CONDUCTED AT ANOTHER TIME AND THAT THE COST, INCLUDING PREMIUM PAY, WOULD BE LESS THAN FOR ARRANGING FOR THE EMPLOYEES TO ATTEND CLASSES DURING REGULAR WORKING HOURS, THE TRAINING MAY BE CONSIDERED UNDER THE EXEMPTION IN SUBCHAPTER 6- 2B, FEDERAL PERSONNEL MANUAL, AND PAYMENT OF HOLIDAY PAY IS AUTHORIZED.

TO MR. C. R. MUIRHEID:

THIS REFERS TO YOUR LETTER OF NOVEMBER 19, 1969, DESC-CA, WITH ENCLOSURES, FORWARDED HERE BY THE CHIEF, ACCOUNTING AND FINANCE DIVISION, DSAH-CFF ON NOVEMBER 26, 1969, REQUESTING AN ADVANCE DECISION WHETHER PAYMENT MAY BE MADE FOR HOLIDAY PAY, NOVEMBER 11, 1969, TO THREE EMPLOYEES OF THE DEFENSE SUPPLY DIVISION AT DAYTON, OHIO, WHO WERE ATTENDING TRAINING COURSES ON THAT DAY.

MRS. JO COTTOM ATTENDED THE OS WORKSHOP CONDUCTED AT THE IBM EDUCATION CENTER, CINCINNATI, OHIO, DURING THE PERIOD NOVEMBER 3-14, 1969. THE LOCAL IBM REPRESENTATIVE STATED THAT WHEN CLASSES ARE SCHEDULED THEY TAKE INTO CONSIDERATION THOSE LEGAL HOLIDAYS APPLICABLE TO IBM PERSONNEL. ALSO, AFTER THEIR CUSTOMERS ARE NOTIFIED OF PUBLISHED CLASS SCHEDULES, IBM SELDOM CHANGES CLASS DATES. ALSO, THE RECORD INDICATES THAT IF ANOTHER IBM EDUCATION CENTER WERE MADE AVAILABLE TO OBTAIN THE REQUIRED TRAINING THE RESULTING COSTS WOULD BE GREATER THAN THE COST INVOLVED IN THE TRAINING AT CINCINNATI INCLUDING THE HOLIDAY PAY.

MR. ROBERT W. TONAR ATTENDED A SEMINAR CONDUCTED AT THE SHERMAN HOUSE, CHICAGO, ILLINOIS, DURING THE PERIOD NOVEMBER 11-14, 1969. MR. CLARENCE G. STRIPPY ATTENDED A SEMINAR CONDUCTED AT THE PENNSYLVANIA STATE UNIVERSITY DURING THE PERIOD NOVEMBER 10-14, 1969. THE RECORD SHOWS THAT THE SPECIFIC TRAINING SEMINARS ATTENDED BY THESE TWO EMPLOYEES ARE NOT CONDUCTED AT ANY OTHER TIME, AND, THEREFORE, THE TRAINING COULD NOT BE PROVIDED AT A PERIOD CONFINED TO REGULAR WORK HOURS. ALSO, THE RECORD INDICATES THAT TO CONTRACT FOR THE TRAINING FOR ONE PERSON ALONE AT ANOTHER TIME WOULD BE PROHIBITIVE IN COST.

TRAINING FOR CIVILIAN EMPLOYEES IS AUTHORIZED BY 5 U.S.C. 4101 4118. SECTION 4109, EXPENSES OF TRAINING, READS IN PART AS FOLLOWS:

"(A) THE HEAD OF AN AGENCY, UNDER THE REGULATIONS PRESCRIBED UNDER SECTION 4118 (A) (8) OF THIS TITLE AND FROM APPROPRIATIONS OR OTHER FUNDS AVAILABLE TO THE AGENCY, MAY---

"(1) PAY ALL OR A PART OF THE PAY (EXCEPT OVERTIME, HOLIDAY, OR NIGHT DIFFERENTIAL PAY) OF AN EMPLOYEE OF THE AGENCY SELECTED AND ASSIGNED FOR TRAINING UNDER THIS CHAPTER, FOR THE PERIOD OF TRAINING * * *"

OUR OFFICE HAS CONSISTENTLY HELD THAT PREMIUM COMPENSATION MAY NOT BE PAID TO EMPLOYEES FOR TIME SPENT IN COURSES OF TRAINING ESTABLISHED UNDER PROGRAMS INITIATED PURSUANT TO THE ABOVE-CITED ACT, UNLESS AN EXCEPTION TO THE PROVISIONS OF THE SAID ACT IS ESTABLISHED BY THE UNITED STATES CIVIL SERVICE COMMISSION. SEE 38 COMP. GEN. 262; ID. 363; ID. 404; 39ID. 453.

PURSUANT TO 5 U.S.C. 4102 (B) (1) AND THE DELEGATION OF AUTHORITY PRESCRIBED BY SECTION 401 (A) OF ECECUTIVE ORDER NO. 11348, APRIL 22, 1967, THE CIVIL SERVICE COMMISSION HAS ESTABLISHED CERTAIN EXCEPTIONS TO THE PROHIBITION EXPRESSED IN 5 U.S.C. 4109. FEDERAL PERSONNEL MANUAL 410, SUBCHAPTER 6-2B, PROVIDES IN PART AS FOLLOWS:

"(2) UNDER CERTAIN CONDITIONS, EMPLOYEES ARE EXCEPTED FROM THE PROHIBITION ON RECEIVING PREMIUM PAY AND ARE ELIGIBLE TO RECEIVE PREMIUM PAY FOR * * * HOLIDAY * * * WORK IN ACCORDANCE WITH PAY AUTHORITIES APPLICABLE TO THEIR INDIVIDUAL CASES. THE FOLLOWING ARE EXCEPTED FROM THE PROHIBITION ON PREMIUM PAY DURING TRAINING:

"(C) AN EMPLOYEE GIVEN TRAINING ON * * * A HOLIDAY * * * BECAUSE THE COSTS OF THE TRAINING, PREMIUM PAY INCLUDED, ARE LESS THAN THE COSTS OF THE SAME TRAINING CONFINED TO REGULAR WORK HOURS * * *"

IT APPEARS FROM THE RECORD THAT IN THE THREE CASES PRESENTED IT WOULD COST LESS (INCLUDING THE PREMIUM PAY) TO HAVE THE EMPLOYEES ATTEND CLASSES NOVEMBER 11, 1969, RATHER THAN MAKE ARRANGEMENTS FOR THEM TO ATTEND TRAINING CLASSES DURING REGULAR WORKING HOURS.

IN VIEW OF THE ABOVE AND SINCE THE TRAINING CONSISTED OF SESSIONS IN NON- GOVERNMENT FACILITIES DURING A LEGAL HOLIDAY, THE TRAINING WOULD COME UNDER THE EXEMPTION IN SUBCHAPTER 6-2B, ABOVE, AND THE EMPLOYEES WOULD BE ENTITLED TO HOLIDAY PAY FOR NOVEMBER 11, 1969.