B-31430, JANUARY 4, 1943, 22 COMP. GEN. 596

B-31430: Jan 4, 1943

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COMPENSATION - ADDITIONAL OR OVERTIME - EMPLOYEES WHOSE WAGES ARE FIXED BY WAGE BOARDS OR SIMILAR ADMINISTRATIVE AUTHORITY THE PURPOSE AND INTENT OF THE CONGRESS UNDER THE ACT OF DECEMBER 22. WAS TO EXCLUDE FROM ANY BENEFITS OF THE ACT ALL EMPLOYEES WHOSE WAGES ARE FIXED AND ADJUSTED FROM TIME TO TIME IN ACCORDANCE WITH PREVAILING RATES BY WAGE BOARDS OR SIMILAR ADMINISTRATIVE AUTHORITY SERVING THE SAME PURPOSE. REGARDLESS OF WHETHER THEIR COMPENSATION IS FIXED ON THE BASIS OF THE HOUR. THE SAID ACT HAS NO APPLICATION TO THOSE EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WHOSE WAGES ARE FIXED PURSUANT TO THE ACT OF JUNE 7. 1943: I HAVE YOUR LETTER OF DECEMBER 30. AS FOLLOWS: REFERENCE IS MADE TO S.J.

B-31430, JANUARY 4, 1943, 22 COMP. GEN. 596

COMPENSATION - ADDITIONAL OR OVERTIME - EMPLOYEES WHOSE WAGES ARE FIXED BY WAGE BOARDS OR SIMILAR ADMINISTRATIVE AUTHORITY THE PURPOSE AND INTENT OF THE CONGRESS UNDER THE ACT OF DECEMBER 22, 1942, PROVIDING FOR PAYMENT, WITHIN THE LIMITATIONS PRESCRIBED THEREIN, OF OVERTIME COMPENSATION OR 10 PERCENT ADDITIONAL COMPENSATION IN LIEU THEREOF, WAS TO EXCLUDE FROM ANY BENEFITS OF THE ACT ALL EMPLOYEES WHOSE WAGES ARE FIXED AND ADJUSTED FROM TIME TO TIME IN ACCORDANCE WITH PREVAILING RATES BY WAGE BOARDS OR SIMILAR ADMINISTRATIVE AUTHORITY SERVING THE SAME PURPOSE, REGARDLESS OF WHETHER THEIR COMPENSATION IS FIXED ON THE BASIS OF THE HOUR, DAY, YEAR, OR PIECE WORK. THE PUBLIC PRINTER AND THE JOINT COMMITTEE ON PRINTING CONSTITUTE AN "ADMINISTRATIVE AUTHORITY SERVING THE SAME PURPOSE" AS "WAGE BOARDS" WITHIN THE MEANING OF THE ACT OF DECEMBER 22, 1942, PROVIDING FOR PAYMENT, WITHIN THE LIMITATIONS PRESCRIBED THEREIN, OF EITHER OVERTIME COMPENSATION OR ADDITIONAL COMPENSATION ON A 10 PERCENT BASIS, AND, THEREFORE, THE SAID ACT HAS NO APPLICATION TO THOSE EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WHOSE WAGES ARE FIXED PURSUANT TO THE ACT OF JUNE 7, 1924, AUTHORIZING THE PUBLIC PRINTER, WITH THE APPROVAL OF THE JOINT COMMITTEE ON PRINTING, TO FIX AND ADJUST FROM TIME TO TIME THE WAGES OF SAID EMPLOYEES.

COMPTROLLER GENERAL WARREN TO THE PUBLIC PRINTER, JANUARY 4, 1943:

I HAVE YOUR LETTER OF DECEMBER 30, 1942, AS FOLLOWS:

REFERENCE IS MADE TO S.J. RES. 170 APPROVED DECEMBER 22, 1942.

THE FIRST PART OF SECTION 1 OF THE RESOLUTION PROVIDES: "THE JOINT RESOLUTION ENTITLED " JOINT RESOLUTION EXTENDING THE PERIOD FOR WHICH OVERTIME RATES OF COMPENSATION MAY BE PAID UNDER CERTAIN ACTS," APPROVED JULY 3, 1942, IS AMENDED BY STRIKING OUT " NOVEMBER 30, 1942" AND INSERTING " APRIL 30, 1943": PROVIDED, THAT THE AUTHORIZATION CONTAINED HEREIN TO PAY OVERTIME COMPENSATION TO CERTAIN GROUPS OF EMPLOYEES IS HEREBY EXTENDED, EFFECTIVE DECEMBER 1, 1942, TO ALL CIVILIAN EMPLOYEES IN OR UNDER THE UNITED STATES GOVERNMENT, INCLUDING GOVERNMENT-OWNED OR CONTROLLED ORGANIZATIONS (EXCEPT EMPLOYEES IN THE LEGISLATIVE AND JUDICIAL BRANCHES), * * * PROVIDED FURTHER, THAT SUCH EXTENSION SHALL NOT APPLY TO (A) THOSE WHOSE WAGES ARE FIXED ON A DAILY OR HOURLY BASIS AND ADJUSTED FROM TIME TO TIME IN ACCORDANCE WITH PREVAILING RATES BY WAGE BOARDS OR SIMILAR ADMINISTRATIVE AUTHORITY SERVING THE SAME PURPOSE. * * *"

THE LAST PROVISO OF SECTION 1 OF THE RESOLUTION READS AS FOLLOWS:

"THAT OFFICERS OR EMPLOYEES WHOSE COMPENSATION IS BASED ON MILEAGE, POSTAL RECEIPTS, FEES, PIECEWORK, OR OTHER THAN A TIME PERIOD BASIS OR WHOSE HOURS OF DUTY ARE INTERMITTENT, IRREGULAR, OR LESS THAN FULL TIME, SUBSTITUTE EMPLOYEES WHOSE COMPENSATION IS BASED UPON A RATE PER HOUR OR PER DAY, AND EMPLOYEES IN OR UNDER THE LEGISLATIVE AND JUDICIAL BRANCHES,SHALL BE PAID ADDITIONAL COMPENSATION, IN LIEU OF THE OVERTIME COMPENSATION AUTHORIZED HEREIN, AMOUNTING TO 10 PERCENTUM OF SO MUCH OF THEIR EARNED BASIC COMPENSATION AS IS NOT IN EXCESS OF A RATE OF $2,900 PER ANNUM * * *"

THE SALARIES OF ALL EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE (EXCEPT APPROXIMATELY 287 IN THE OFFICE OF THE SUPERINTENDENT OF DOCUMENTS WHO ARE UNDER THE CLASSIFICATION ACT) ARE FIXED IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF JUNE 7, 1924 ( U.S. CODE, TITLE 44, SEC. 40), WHICH READS AS FOLLOWS:

"THE PUBLIC PRINTER MAY EMPLOY, AT SUCH RATES OF WAGES AND SALARIES INCLUDING COMPENSATION FOR NIGHT AND OVERTIME WORK, AS HE MAY DEEM FOR THE INTEREST OF THE GOVERNMENT AND JUST TO THE PERSONS EMPLOYED, EXCEPT AS OTHERWISE PROVIDED HEREIN, SUCH JOURNEYMEN, APPRENTICES, LABORERS, AND OTHER PERSONS AS MAY BE NECESSARY FOR THE WORK OF THE GOVERNMENT PRINTING OFFICE; BUT HE SHALL NOT, AT ANY TIME, EMPLOY MORE PERSONS THAN THE NECESSITIES OF THE PUBLIC WORK MAY REQUIRE OR MORE THAN TWO HUNDRED APPRENTICES AT ANY ONE TIME. THE MINIMUM PAY OF ALL JOURNEYMEN PRINTERS, PRESSMEN, AND BOOKBINDERS, EMPLOYED IN THE GOVERNMENT PRINTING OFFICE SHALL BE AT THE RATE OF 90 CENTS AN HOUR FOR THE TIME ACTUALLY EMPLOYED. EXCEPT AS HEREINBEFORE PROVIDED, THE RATE OF WAGES, INCLUDING COMPENSATION FOR NIGHT AND OVERTIME WORK, FOR MORE THAN TEN EMPLOYEES OF THE SAME OCCUPATION SHALL BE DETERMINED BY A CONFERENCE BETWEEN THE PUBLIC PRINTER AND A COMMITTEE SELECTED BY THE TRADES AFFECTED, AND THE RATES AND COMPENSATION SO AGREED UPON SHALL BECOME EFFECTIVE UPON APPROVAL BY THE JOINT COMMITTEE ON PRINTING; IF THE PUBLIC PRINTER AND THE COMMITTEE REPRESENTING ANY TRADE FAIL TO AGREE AS TO WAGES, SALARIES, AND COMPENSATION EITHER PARTY IS HEREBY GRANTED THE RIGHT OF APPEAL TO THE JOINT COMMITTEE ON PRINTING, AND THE DECISION OF SAID COMMITTEE SHALL BE FINAL; THE WAGES, SALARIES, AND COMPENSATION DETERMINED AS PROVIDED HEREIN SHALL NOT BE SUBJECT TO CHANGE OFTENER THAN ONCE A YEAR THEREAFTER. EMPLOYEES AND OFFICERS OF THE GOVERNMENT PRINTING OFFICE, UNLESS OTHERWISE HEREIN FIXED, SHALL CONTINUE TO BE PAID AT THE RATES OF WAGES, SALARIES, AND COMPENSATION (INCLUDING NIGHT RATE) AUTHORIZED BY LAW ON JUNE 7, 1924, UNTIL SUCH TIME AS THEIR WAGES, SALARIES, AND COMPENSATION SHALL BE DETERMINED AS HEREINBEFORE PROVIDED.'

THE PUBLIC PRINTER AS THE WAGE FIXING AUTHORITY FOR THE GOVERNMENT PRINTING OFFICE IS CONTINUOUSLY EXERCISING THE AUTHORITY AND RESPONSIBILITY PLACED UPON HIM BY THE ABOVE ACT. IN VIEW OF THIS FACT YOUR DECISION AT THE EARLIEST PRACTICABLE DATE AS TO WHETHER S.J. RES. 170 APPROVED DECEMBER 22, 1942, REPEALS, MODIFIES, OR AMENDS THE ACT OF JUNE 7, 1924, WILL BE APPRECIATED. IF YOUR ANSWER IS IN THE NEGATIVE, NO ACTION, OF COURSE, UNDER S.J. RES. 170 IS AUTHORIZED IN THE GOVERNMENT PRINTING OFFICE. HOWEVER, IF YOUR ANSWER IS IN THE AFFIRMATIVE, PLEASE ADVISE IN DETAIL AS TO THE ADJUSTMENTS REQUIRED IN THE GOVERNMENT PRINTING OFFICE BY S.J. RES. 170. IF NO ADJUSTMENTS ARE REQUIRED BY S.J. RES. 170, THE PUBLIC PRINTER WILL, OF COURSE, AS THE WAGE FIXING AUTHORITY FOR THE GOVERNMENT PRINTING OFFICE, MAKE SUCH ADJUSTMENTS FROM TIME TO TIME AS HE MAY DEEM TO BE IN THE BEST INTERESTS OF THE GOVERNMENT AND JUST TO THE EMPLOYEES CONCERNED.

SUBDIVISION (A) OF THE SECOND PROVISO OF SECTION 1 OF THE ACT OF DECEMBER 22, 1942, 56 STAT. 1068, PUBLIC LAW 821 ( S.J. RES. 170), QUOTED IN YOUR LETTER, EXPRESSLY EXCEPTS FROM THE EXTENSION OF THE AUTHORITY TO PAY OVERTIME COMPENSATION APPEARING IN EARLIER LAWS APPLICABLE TO CERTAIN CLASSES OF EMPLOYEES UNDER THE WAR AND NAVY DEPARTMENTS "THOSE (EMPLOYEES) WHOSE WAGES ARE FIXED ON A DAILY OR HOURLY BASIS AND ADJUSTED FROM TIME TO TIME IN ACCORDANCE WITH PREVAILING RATES BY WAGE BOARDS OR SIMILAR ADMINISTRATIVE AUTHORITY SERVING THE SAME PURPOSE.' WHILE SUCH EXCEPTION, BECAUSE OF ITS POSITION IN THE STATUTE AND ITS TERMS, MIGHT BE REGARDED AS APPLICABLE ONLY TO EMPLOYEES PAID SOLELY ON A DAILY OR HOURLY BASIS, A READING OF THE ENTIRE STATUTE, AS WELL AS ITS LEGISLATIVE HISTORY, REQUIRES A BROADER APPLICATION OF THE EXCEPTION IN ORDER TO EFFECTUATE THE EVIDENT PURPOSE AND INTENT OF THE CONGRESS TO EXCLUDE FROM ANY BENEFITS UNDER THE STATUTE--- BOTH OVERTIME COMPENSATION AND ADDITIONAL COMPENSATION ON A 10 PERCENT BASIS--- ALL EMPLOYEES WHOSE WAGES ARE FIXED AND ADJUSTED FROM TIME TO TIME IN ACCORDANCE WITH PREVAILING RATES BY WAGE BOARDS OR SIMILAR ADMINISTRATIVE AUTHORITY SERVING THE SAME PURPOSE, REGARDLESS OF THE BASIS UPON WHICH THEIR COMPENSATION IS FIXED, THAT IS, WHETHER ON THE BASIS OF THE HOUR, THE DAY, THE YEAR, OR PIECE WORK. OTHER WORDS, THE LEGISLATIVE INTENT APPEARS TO BE THAT EXCEPTION (A) SHOULD APPLY NOT ONLY TO THE OVERTIME COMPENSATION AUTHORIZED IN THE FIRST PART OF SECTION 1 BUT, ALSO, TO THE ADDITIONAL COMPENSATION ON A 10 PERCENT BASIS AUTHORIZED BY THE LAST PROVISO OF THE SAME SECTION. THE WORDS OF THE LAST PROVISO TO SECTION 1, AUTHORIZING PAYMENT OF THE ADDITIONAL COMPENSATION ON A 10 PERCENT BASIS "IN LIEU OF THE OVERTIME COMPENSATION AUTHORIZED HEREIN," AND THE FACT THAT THE SAME CEILING RATES ARE FIXED FOR BOTH CLASSES OF PAYMENTS AUTHORIZED BY THE LAW, MANIFEST AN INTENTION THAT THE ADDITIONAL COMPENSATION ON A 10 PERCENT BASIS IS FOR PAYMENT GENERALLY UNDER THE SAME CONDITIONS AND SUBJECT TO THE SAME LIMITATIONS AS ARE APPLICABLE TO THE PAYMENT OF OVERTIME COMPENSATION AUTHORIZED IN THE LAW. THAT EXCEPTION (A) WAS INTENDED TO APPLY GENERALLY UNDER THE STATUTE IS INDICATED BY THE FOLLOWING STATEMENT MADE BY SENATOR MEAD ON THE FLOOR OF THE SENATE DECEMBER 15, 1942 ( CONGRESSIONAL RECORD, PAGE 9881):

* * * IT WOULD NOT EXTEND TO EMPLOYEES WHO NOW HAVE THEIR WAGES ADJUSTED BY WAGE BOARDS OR SIMILAR TRIBUNALS. IT MERELY PROVIDES THAT EMPLOYMENT CONDITIONS OF ARMY AND NAVY WORKERS SHALL BE EXTENDED TO OTHER EMPLOYEES; AND IN CASES IN WHICH THE EMPLOYEES CANNOT BE ORGANIZED ON AN OVERTIME PAY ALLOWANCE BASIS IT PROVIDES A 10-PERCENT BONUS, AND PLACES A CEILING OF $2,900. THE PROVISION IS THAT THE FIRST $2,900 OF THE PAY RECEIVED BY A MAN DRAWING $3,000, FOR INSTANCE, IS ALL THAT CAN BE FIGURED FOR EITHER THE 10-PERCENT BONUS OR THE TIME-AND-A-HALF-PAY PROVISION. ( ITALICS SUPPLIED.)

NOTE, ALSO, THE FOLLOWING DISCUSSION BETWEEN CONGRESSMAN RICH AND CONGRESSMAN RAMSPECK ON THE FLOOR OF THE HOUSE OF REPRESENTATIVES DECEMBER 15, 1942 ( CONGRESSIONAL RECORD, PAGE 9932):

MR. RICH. THERE IS ONE THING THAT I WANT TO BE SURE OF BEFORE WE LET THE BILL GO THROUGH AND THAT IS THAT ALL GOVERNMENT EMPLOYEES WHO ARE NOW RECEIVING TIME AND A HALF OR DOUBLE TIME FOR ANY OF THEIR SERVICES ARE NOT GOING TO BENEFIT ON THAT PART OF THEIR LABORS ON WHICH THEY GET TIME-AND-A -HALF TIME AND DOUBLE TIME. IS THIS 10 PERCENT GOING TO BE APPLIED TO THOSE EMPLOYEES WHO ARE RECEIVING TIME-AND-A HALF OR DOUBLE TIME? IF IT IS, WE CANNOT LET THIS GO THROUGH, BECAUSE THAT WOULD NOT BE RIGHT.

MR. RAMSPECK. NO; THE 10 PERCENT APPLIES ONLY TO THOSE PEOPLE WHO DO NOT BENEFIT FROM THE OVERTIME.

MR. RICH. I AM VERY GLAD TO HEAR THAT BECAUSE I UNDERSTOOD THAT WAS TO BE APPLICABLE TO CERTAIN BRANCHES OF THE GOVERNMENT AND NOT TO OTHERS. WOULD NOT BE FAIR, AND WE COULD NOT PERMIT IT TO GO THROUGH.

MR. RAMSPECK. FRANKLY ONE OF THE THINGS THAT HAS DELAYED THIS LEGISLATION IS THAT THERE HAS BEEN AN EFFORT UPON THE PART OF SOME EMPLOYEES OF THE GOVERNMENT TO GET BOTH OVERTIME AND THE 10 PERCENT. THAT IS NOT IN THE BILL. THEY WILL GET THEIR OVERTIME OR THE 10 PERCENT.

THE CONGRESS RECOGNIZED THAT THERE WAS NO NEED TO PROVIDE A STATUTORY INCREASE IN COMPENSATION FOR EMPLOYEES WHOSE WAGES OTHERWISE COULD BE ADJUSTED FROM TIME TO TIME UNDER EXISTING LAWS BY WAGE BOARDS OR SIMILAR ADMINISTRATIVE AUTHORITY SERVING THE SAME PURPOSE TO MEET CHANGING CONDITIONS AFFECTING LIVING COSTS AND PREVAILING WAGES, AND IT INDICATED NO INTENT TO SUPERSEDE OR TO RENDER INOPERATIVE ANY EXISTING STATUTE AUTHORIZING ADJUSTMENT OF WAGES BY WAGE BOARDS OR SIMILAR PROCEDURE.

UNQUESTIONABLY THE PROVISIONS OF THE ACT OF JUNE 7, 1924, 43 STAT. 658 (44 U.S.C. 40), QUOTED IN YOUR LETTER, CONSTITUTE THE PUBLIC PRINTER AND THE JOINT COMMITTEE ON PRINTING AN "ADMINISTRATIVE AUTHORITY SERVING THE SAME PURPOSE" AS "WAGE BOARDS" WITHIN THE MEANING OF THE ACT OF DECEMBER 22, 1942.

ACCORDINGLY, IT IS CONCLUDED THAT THE ACT OF DECEMBER 22, 1942, PUBLIC LAW 821 ( S.J. RES. 170) DOES NOT REPEAL, MODIFY, OR AMEND THE ACT OF JUNE 7, 1924, 43 STAT. 658 (44 U.S.C. 40), AND THAT NONE OF THE PROVISIONS OF THE ACT OF DECEMBER 22, 1942, AUTHORIZING PAYMENT OF EITHER OVERTIME COMPENSATION OR ADDITIONAL COMPENSATION ON A 10 PERCENT BASIS HAS ANY APPLICATION TO THOSE EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WHOSE WAGES ARE FIXED AND ADJUSTED FROM TIME TO TIME PURSUANT TO THE ACT OF JUNE 7, 1924.