B-168592, FEB. 25, 1970

B-168592: Feb 25, 1970

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EMPLOYEE WHO CLAIMS THAT BY REASON OF WORKING FROM 12:00 MIDNIGHT TO 12:01 MONDAY HE IS ENTITLED TO BE CONSIDERED AS WORKING ON SUNDAY FOR PREMIUM PAY ENTITLEMENT. MAY NOT UNDER JUDICIAL CONSTRUCTION OF "SUNDAY" BE CONSIDERED TO HAVE WORKED ON SUNDAY SINCE SUNDAY BEGINS AT 12 O'CLOCK MIDNIGHT AT END OF SATURDAY AND CONCLUDES AT 12 O'CLOCK MIDNIGHT AT THE BEGINNING OF MONDAY. WE HAVE GIVEN YOUR VIEWS CAREFUL CONSIDERATION. IT IS OUR UNDERSTANDING THAT YOU BASE YOUR CLAIM FOR SUNDAY PREMIUM PAY ON THE FACT THAT YOUR TOUR OF DUTY AS AN EMPLOYEE OF THE AIR FORCE INCLUDES THE PERIOD FROM 2400 HOURS OR MIDNIGHT SUNDAY TO 0800 (8 A.M.). IT IS OUR UNDERSTANDING OF YOUR REASONING THAT. IT IS YOUR BELIEF THAT WHEN YOUR REPORTING TIME FOR DUTY IS 2400 HOURS.

B-168592, FEB. 25, 1970

CIVIL PAY--OVERTIME--SUNDAY WORK DECISION SUSTAINING SETTLEMENT DISALLOWING CLAIM FOR SUNDAY PREMIUM PAY FOR EMPLOYEE OF AIR FORCE. EMPLOYEE WHO CLAIMS THAT BY REASON OF WORKING FROM 12:00 MIDNIGHT TO 12:01 MONDAY HE IS ENTITLED TO BE CONSIDERED AS WORKING ON SUNDAY FOR PREMIUM PAY ENTITLEMENT, MAY NOT UNDER JUDICIAL CONSTRUCTION OF "SUNDAY" BE CONSIDERED TO HAVE WORKED ON SUNDAY SINCE SUNDAY BEGINS AT 12 O'CLOCK MIDNIGHT AT END OF SATURDAY AND CONCLUDES AT 12 O'CLOCK MIDNIGHT AT THE BEGINNING OF MONDAY.

TO MRS. MARY ANN M. GOSS:

WITH REFERENCE TO YOUR APPEAL FROM OUR SETTLEMENT OF OCTOBER 2, 1969, DENYING YOUR CLAIM FOR SUNDAY PREMIUM PAY IN ACCORDANCE WITH SECTION 405 OF PUBLIC LAW 89-504, 80 STAT. 297, 298, WE HAVE GIVEN YOUR VIEWS CAREFUL CONSIDERATION.

IT IS OUR UNDERSTANDING THAT YOU BASE YOUR CLAIM FOR SUNDAY PREMIUM PAY ON THE FACT THAT YOUR TOUR OF DUTY AS AN EMPLOYEE OF THE AIR FORCE INCLUDES THE PERIOD FROM 2400 HOURS OR MIDNIGHT SUNDAY TO 0800 (8 A.M.) OR 0830 (8:30 A.M.) MONDAY. YOU CITE AS AUTHORITY FOR YOUR CLAIM AIR FORCE REGULATION 40-523, LA, WHICH ESTABLISHES AS THE ADMINISTRATIVE WORKWEEK OF THE AIR FORCE THE PERIOD BEGINNING AT 0001 SUNDAY AND ENDING AT 2400 HOURS THE NEXT FOLLOWING SATURDAY.

IT IS OUR UNDERSTANDING OF YOUR REASONING THAT, SINCE AN INTERVAL OF ONE MINUTE SEPARATES ADMINISTRATIVE WORKWEEKS OF THE AIR FORCE, THEN EACH DAY BEGINS, FOR ADMINISTRATIVE PURPOSES, AT 12:01 A.M. RATHER THAN MIDNIGHT. ACCORDINGLY, IT IS YOUR BELIEF THAT WHEN YOUR REPORTING TIME FOR DUTY IS 2400 HOURS, OR MIDNIGHT, SUNDAY, MONDAY FOR PAYROLL PURPOSES, DOES NOT BEGIN UNTIL 12:01 A.M. THEREFORE, YOU PROPOSE AS THE REASON FOR YOUR ENTITLEMENT TO SUNDAY PREMIUM PAY THAT THE PERIOD 12 MIDNIGHT TO 12:01 A.M. MONDAY IS SUNDAY, NOT MONDAY. THUS, HAVING WORKED ONE MINUTE ON SUNDAY, YOU ARE ENTITLED TO SUNDAY PREMIUM PAY.

WE ARE ENTIRELY UNABLE TO AGREE WITH YOUR VIEWS.

WITH REFERENCE TO THE AIR FORCE REGULATION ESTABLISHING THE DEPARTMENTAL WORKWEEK FOR ADMINISTRATIVE PURPOSES AS THE PERIOD 0001 PAY IS AUTHORIZED AS THE "PERIOD COMMENCING AT MIDNIGHT SATURDAY AND ENDING AT MIDNIGHT SUNDAY."

JUDICIAL CONSTRUCTION OF THE WORD "SUNDAY", AS IT HAS BEEN USED IN OTHER STATUTES, HAS RESULTED IN DEFINITIONS ESSENTIALLY THE SAME AS THAT INCORPORATED IN PUBLIC LAW 89-504. IN THE CASE OF GILLOOLEY V VAUGHN, 110 SO. 653 (1926), THE COURT FOUND THAT "* * * THE GREAT WEIGHT OF AUTHORITY IN THIS COUNTRY IS, AND WE THINK LOGICALLY AND RIGHTLY IS, THAT THE PERIOD COVERED BY THE DESIGNATION 'SUNDAY' IS THE NATURAL DAY EXISTING BETWEEN 12 O'CLOCK MIDNIGHT AT THE END OF THERE BEGINS THE NEW DAY AND THE NAME OF THAT DAY IS 'SUNDAY'." SEE ALSO STATE V GREEN, 37 MO. 466, 470 (1866); STATE V HEARD, 31 SO. 384, 385 (1902); JEFFRIES V COMMONWEALTH, 75 S.E. 90 (1912); WALINSKI V MAYOR AND COUNCIL OF CITY OF GLOUCESTER, 95 A. 2D 625, 631 (1953).