B-57738, JUNE 6, 1946, 25 COMP. GEN. 838

B-57738, JUNE 6, 1946, 25 COMP. GEN. 838

POSTAL SERVICE EMPLOYEES - COMPENSATORY TIME FOR NIGHT WORK ON SATURDAYS, SUNDAYS, AND HOLIDAYS - NIGHT DIFFERENTIAL ENTITLEMENT COMPENSATORY TIME GRANTED UNDER SECTION 3 OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, FOR SERVICES PERFORMED ON SATURDAYS, SUNDAYS, OR HOLIDAYS IS IN LIEU OF ALL OTHER COMPENSATION FOR THE TIME SO SERVED, AND, THEREFORE, A SUPERVISORY EMPLOYEE WHO WORKS BETWEEN THE HOURS OF 6 P.M. AND 6 A.M., PART OF WHICH TIME OCCURS ON A SATURDAY, SUNDAY, OR HOLIDAY, MAY NOT BE PAID A NIGHT DIFFERENTIAL, AUTHORIZED BY SECTION 5 OF SAID ACT, OR OTHER COMPENSATION FOR THE PORTION OF SUCH TIME FOR WHICH COMPENSATORY TIME WAS GRANTED.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, JUNE 6, 1946:

I HAVE YOUR LETTER OF MAY 7, 1946, REFERENCE 50, AS FOLLOWS:

WHEN SUPERVISORY EMPLOYEES IN POST OFFICES ARE REQUIRED BY THE EXIGENCIES OF THE SERVICE TO WORK IN EXCESS OF EIGHT HOURS PER DAY THEY ARE GRANTED COMPENSATORY TIME FOR SUCH OVERTIME SERVICE, AN ADMINISTRATIVE PRACTICE OF LONG STANDING WHICH IS CURRENTLY AUTHORIZED IN ARTICLE 47 ON PAGE 90 OF THE JULY 1943 OFFICIAL POSTAL GUIDE.

YOUR DECISION IS REQUESTED AS TO WHETHER SUCH SUPERVISORY EMPLOYEES PROPERLY MAY BE PAID THE NIGHT DIFFERENTIAL COMPENSATION PROVIDED FOR IN SECTION 5 OF PUBLIC LAW 134 FOR WORK PERFORMED BETWEEN 6 P.M. AND 6 A.M. FOR WHICH THEY ARE LATER GRANTED COMPENSATORY TIME.

SECTION 1 OF THE POSTAL EMPLOYEES PAY ACT, APPROVED JULY 6, 1945, PUBLIC LAW 134, 59 STAT. 435, PROVIDES THAT THE TERM "EMPLOYEES" WHEREVER USED IN THAT ACT SHALL INCLUDE "SUPERVISORS.' SECTION 2, 59 STAT. 435, PROVIDES THAT EMPLOYEES SHALL BE REQUIRED TO WORK NOT MORE THAN 8 HOURS A DAY, EXCEPT AS PROVIDED IN SECTION 4. SECTIONS 3, 4 AND 5 OF ACT, 59 STAT. 435, 436, PROVIDE.

COMPENSATORY TIME

SEC. 3. WHEN THE NEEDS OF THE SERVICE REQUIRE EMPLOYEES TO PERFORM SERVICE ON SATURDAYS, SUNDAYS, OR HOLIDAYS, THEY SHALL BE ALLOWED COMPENSATORY TIME FOR SUCH SERVICE ON ONE DAY WITHIN FIVE WORKING DAYS NEXT SUCCEEDING THE SATURDAY OR SUNDAY AND WITHIN THIRTY DAYS NEXT SUCCEEDING THE HOLIDAY: PROVIDED, THAT THE POSTMASTER GENERAL MAY, IF THE EXIGENCIES OF THE SERVICE REQUIRE, AUTHORIZE THE PAYMENT OF OVERTIME TO EMPLOYEES OTHER THAN SUPERVISORY EMPLOYEES WHOSE BASE SALARIES ARE MORE THAN $3,200 PER ANNUM FOR SERVICE PERFORMED ON SATURDAYS, SUNDAYS, AND CHRISTMAS DAY DURING THE MONTH OF DECEMBER IN LIEU OF COMPENSATORY TIME: PROVIDED FURTHER, THAT SUPERVISORY EMPLOYEES WHOSE BASE SALARIES ARE MORE THAN $3,200 PER ANNUM SHALL BE ALLOWED COMPENSATORY TIME FOR SERVICES PERFORMED ON SATURDAYS, SUNDAYS, AND ON CHRISTMAS DAY DURING THE MONTH OF DECEMBER WITHIN ONE HUNDRED AND EIGHTY DAYS FROM THE DAYS SUCH SERVICE WAS PERFORMED: AND PROVIDED FURTHER, THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO EMPLOYEES OF THE RAILWAY MAIL SERVICE AND THE AIR MAIL SERVICE; POST OFFICE INSPECTORS; RURAL CARRIERS; TRAVELING MECHANICIANS; EXAMINERS OF EQUIPMENT AND SUPPLIES; CLERKS IN THIRD-CLASS POST OFFICES; AND EMPLOYEES PAID ON AN HOURLY BASIS.

OVERTIME

SEC. 4. IN EMERGENCIES OR IF THE NEEDS OF THE SERVICE REQUIRE, EMPLOYEES MAY BE EMPLOYED IN EXCESS OF EIGHT HOURS PER DAY AND FOR SUCH OVERTIME SERVICE THEY SHALL BE PAID ON THE BASIS OF 150 PERCENTUM OF THE ANNUAL RATE OF PAY RECEIVED BY SUCH EMPLOYEES. IN COMPUTING COMPENSATION FOR SUCH OVERTIME EMPLOYMENT, THE ANNUAL SALARY OR COMPENSATION FOR SUCH EMPLOYEES SHALL BE DIVIDED BY TWO THOUSAND AND EIGHTY, THE NUMBER OF WORKING HOURS IN A YEAR. THE QUOTIENT THUS OBTAINED WILL BE THE BASE HOURLY COMPENSATION AND ONE AND ONE-HALF TIMES THAT AMOUNT WILL BE THE HOURLY RATE OF OVERTIME PAY: PROVIDED, THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO EMPLOYEES OF THE RAILWAY MAIL SERVICE AND THE AIR MAIL SERVICE; POST-OFFICE INSPECTORS; RURAL CARRIERS; TRAVELING MECHANICIANS; EXAMINERS OF EQUIPMENT AND SUPPLIES; EMPLOYEES PAID ON AN HOURLY BASIS, AND SUPERVISORY EMPLOYEES.

NIGHT DIFFERENTIAL

SEC. 5. EMPLOYEES WHO ARE REQUIRED TO PERFORM NIGHT WORK SHALL BE PAID EXTRA FOR EACH HOUR OF SUCH WORK AT THE RATE OF 10 PERCENTUM OF THEIR BASE HOURLY COMPENSATION, COMPUTED BY DIVIDING THE BASE ANNUAL SALARY BY TWO THOUSAND AND EIGHTY. NIGHT WORK SHALL BE DEFINED AS ANY WORK PERFORMED BETWEEN THE HOURS OF 6 O-CLOCK POST MERIDIAN AND 6 O CLOCK ANTEMERIDIAN. PROVIDED, THAT SUCH DIFFERENTIAL FOR NIGHT DUTY SHALL NOT BE INCLUDED IN COMPUTING ANY OVERTIME COMPENSATION TO WHICH THE OFFICER OR EMPLOYEE MAY BE ENTITLED. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO POST- OFFICE INSPECTORS; TRAVELING MECHANICIANS; EXAMINERS OF EQUIPMENT AND SUPPLIES; OFFICERS OF THE RAILWAY MAIL SERVICE AND OF THE AIR MAIL SERVICE; AND RURAL CARRIERS.

WITHOUT RAISING ANY QUESTION HERE REGARDING THE PROPRIETY OR LEGALITY OF THE PAST PRACTICE OF GRANTING SUPERVISORY EMPLOYEES COMPENSATORY TIME FOR ALL OVERTIME IN EXCESS OF 8 HOURS A DAY, THE GRANTING OF COMPENSATORY TIME TO THEM ON AND AFTER JULY 1, 1945, IS LIMITED BY THE PROVISIONS OF SECTION 3 OF THE STATUTE, SUPRA, TO SERVICES PERFORMED ON SATURDAYS, SUNDAYS, OR HOLIDAYS. THAT STATUTE DOES NOT PROVIDE FOR THE GRANTING OF COMPENSATORY TIME FOR WORK PERFORMED IN EXCESS OF 8 HOURS ON OTHER DAYS. IN SUCH CASES THERE WOULD APPEAR FOR APPLICATION THE PROVISIONS OF SECTION 4 OF THE STATUTE, SUPRA.

COMPENSATORY TIME WHEN LAWFULLY GRANTED IS IN LIEU OF ALL OTHER COMPENSATION FOR THE TIME SO SERVED AND, THEREFORE, SHOULD A SUPERVISORY EMPLOYEE WORK BETWEEN THE HOURS OF 6 P.M. AND 6 A.M., PART OF WHICH TIME SHOULD OCCUR ON A SATURDAY, SUNDAY, OR A HOLIDAY, NO NIGHT DIFFERENTIAL OR OTHER COMPENSATION WOULD BE PAYABLE FOR THE PORTION OF TIME FOR WHICH COMPENSATORY TIME WAS GRANTED. CF. 23 COMP. GEN. 451 AND 475.