B-63833, MARCH 6, 1947, 26 COMP. GEN. 663

B-63833: Mar 6, 1947

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SO THAT EMPLOYEES WHOSE TOURS OF DUTY INCLUDED HOURS OUTSIDE THE HOURS THE OFFICE WAS CLOSED ARE NOT ENTITLED TO PREMIUM PAY AS FOR HOLIDAY WORK DURING SUCH OUTSIDE HOURS. DURING HOURS OTHER THAN THE REGULAR OFFICIAL TOUR OF DUTY WHEN THE OFFICE WAS OFFICIALLY CLOSED WOULD BE DENIED HOLIDAY PAY FOR SERVICES RENDERED ON DECEMBER 24. WHEN OTHER EMPLOYEES ARE EXCUSED FROM DUTY. SO FAR AS CONCERNS WAGE-BOARD EMPLOYEES WHO ARE REQUIRED TO WORK THE HALF DAY ON DECEMBER 24. WHEN OTHER EMPLOYEES ARE EXCUSED UNDER THE TERMS OF EXECUTIVE ORDER NO. 9810.'. IN VIEW OF THE ABOVE A DECISION IS REQUESTED WITH SPECIFIC REFERENCE AS TO WHETHER OR NOT HOLIDAY PAY IS APPLICABLE TO EMPLOYEES. DURING HOURS OTHER THAN THE REGULAR TOUR OF DUTY WHEN THE OFFICE WAS OFFICIALLY CLOSED.

B-63833, MARCH 6, 1947, 26 COMP. GEN. 663

HOLIDAYS - COMPENSATION - HALF-DAY ON DECEMBER 24, 1946 WHERE, IN FURTHERANCE OF EXECUTIVE ORDER NO. 9810, PROVIDING THAT GOVERNMENT OFFICES SHALL BE CLOSED FOR ONE-HALF DAY ON DECEMBER 24, 1946, AND, EXCEPT AS OTHERWISE PROVIDED, THAT EMPLOYEES SHALL BE EXCUSED FROM DUTY ONE-HALF DAY ON THAT DAY, AN AGENCY FIXED THE HOURS BETWEEN WHICH ITS OFFICES WOULD BE CLOSED, SUCH HOURS CONSTITUTED NONWORK HOURS OR AN EXECUTIVE ORDER HOLIDAY TO THAT EXTENT, ONLY, FOR WHICH PREMIUM PAY FOR REQUIRED HOLIDAY WORK MAY BE PAID, SO THAT EMPLOYEES WHOSE TOURS OF DUTY INCLUDED HOURS OUTSIDE THE HOURS THE OFFICE WAS CLOSED ARE NOT ENTITLED TO PREMIUM PAY AS FOR HOLIDAY WORK DURING SUCH OUTSIDE HOURS.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, MARCH 6, 1947:

THERE HAS BEEN CONSIDERED YOUR LETTER OF FEBRUARY 13, 1947, AS FOLLOWS:

A QUESTION HAS ARISEN WITH IN THE VETERANS ADMINISTRATION AS TO WHETHER OR NOT HOLIDAY PAY TO EMPLOYEES, OTHERWISE ENTITLED TO HOLIDAY PAY, WHO WORKED IN EXCESS OF FOUR HOURS ON DECEMBER 24, 1946, DURING HOURS OTHER THAN THE REGULAR OFFICIAL TOUR OF DUTY WHEN THE OFFICE WAS OFFICIALLY CLOSED WOULD BE DENIED HOLIDAY PAY FOR SERVICES RENDERED ON DECEMBER 24, 1946.

IN THE LAST PARAGRAPH OF DECISION B-62567 OF DECEMBER 24, 1946, (26 COMP. GEN. 437) TO THE SECRETARY OF WAR WITH RESPECT TO THE EFFECT OF EXECUTIVE ORDER 9810 DATED DECEMBER 12, 1946, UPON THE RIGHTS OF EMPLOYEES, ADMINISTRATIVELY REQUIRED TO PERFORM DUTY DURING THE HALF DAY ON DECEMBER 24, 1946, WHEN OTHER EMPLOYEES ARE EXCUSED FROM DUTY, TO THE PAYMENT OF HOLIDAY PAY AS PRESCRIBED BY SECTION 302 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 AS AMENDED BY SECTION 11 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946 (60 STAT. 218), YOU STATED:

"HENCE, SO FAR AS CONCERNS WAGE-BOARD EMPLOYEES WHO ARE REQUIRED TO WORK THE HALF DAY ON DECEMBER 24, 1946, THEY LIKEWISE WOULD BE ENTITLED TO THE PREMIUM RATES OF COMPENSATION AS ADMINISTRATIVELY FIXED, FOR DUTY DURING THE HALF DAY ON DECEMBER 24, 1946, WHEN OTHER EMPLOYEES ARE EXCUSED UNDER THE TERMS OF EXECUTIVE ORDER NO. 9810.'

IN VIEW OF THE ABOVE A DECISION IS REQUESTED WITH SPECIFIC REFERENCE AS TO WHETHER OR NOT HOLIDAY PAY IS APPLICABLE TO EMPLOYEES, OTHERWISE ENTITLED TO HOLIDAY PAY, WHO WORKED IN EXCESS OF FOUR HOURS ON DECEMBER 24, 1946, DURING HOURS OTHER THAN THE REGULAR TOUR OF DUTY WHEN THE OFFICE WAS OFFICIALLY CLOSED. FOR EXAMPLE, AN EMPLOYEE'S REGULAR TOUR OF DUTY FOR AN EIGHT HOUR PERIOD BEGINNING FROM 4:00 P.M., DECEMBER 24, 1946, AND ENDING AT 12:00 M. THE OFFICE WAS OFFICIALLY CLOSED FROM 12:00 NOON, TO 5:00 P.M. ON DECEMBER 24, 1946.

EXECUTIVE ORDER NO. 9810 OF DECEMBER 12, 1946, PROVIDED AS FOLLOWS:

BY VIRTUE OF THE AUTHORITY VESTED IN ME AS PRESIDENT OF THE UNITED STATES, IT IS HEREBY ORDERED AS FOLLOWS:

"1. THE SEVERAL EXECUTIVE DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND OTHER GOVERNMENTAL AGENCIES IN THE DISTRICT OF COLUMBIA, INCLUDING THE GENERAL ACCOUNTING OFFICE, THE GOVERNMENT PRINTING OFFICE AND THE NAVY YARD AND NAVAL STATIONS, SHALL BE CLOSED ONE-HALF DAY ON TUESDAY, DECEMBER 24, 1946, THE DAY PRECEDING CHRISTMAS DAY; AND ALL EMPLOYEES IN THE FEDERAL SERVICE IN THE DISTRICT OF COLUMBIA, AND IN THE FIELD SERVICE OF THE EXECUTIVE DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND OTHER AGENCIES OF THE GOVERNMENT, EXCEPT THOSE WHO MAY FOR SPECIAL PUBLIC REASONS BE EXCLUDED FROM THE PROVISIONS OF THIS ORDER BY THE HEADS OF THEIR RESPECTIVE DEPARTMENTS, ESTABLISHMENTS, OR AGENCIES, OR THOSE WHOSE ABSENCE FROM DUTY WOULD BE INCONSISTENT WITH THE PROVISIONS OF EXISTING LAW, SHALL BE EXCUSED FROM DUTY FOR ONE-HALF DAY ON DECEMBER 24, 1946.

"2. THIS ORDER SHALL BE PUBLISHED IN THE FEDERAL REGISTER.'

AS SAID EXECUTIVE ORDER DID NOT SPECIFY THE HOURS BETWEEN WHICH THE VARIOUS GOVERNMENT OFFICES WERE TO BE CLOSED, IT BECAME NECESSARY FOR THE RESPECTIVE DEPARTMENTS OR AGENCIES TO FIX THE HOURS BETWEEN WHICH THE OFFICES SHOULD BE CLOSED FOR THE ONE-HALF DAY AND, WHEN SO FIXED, SUCH HOURS CONSTITUTED NONWORK HOURS OR AN EXECUTIVE ORDER HOLIDAY TO THAT EXTENT, AND ANY EMPLOYEE REQUIRED TO WORK DURING THE HOURS THE OFFICE WAS CLOSED BECAME ENTITLED TO PREMIUM OR HOLIDAY PAY. IT FOLLOWS THAT NO PART OF THE REMAINING 20 HOURS OF THAT DAY SHOULD BE CONSIDERED A HOLIDAY AND, ACCORDINGLY, THOSE EMPLOYEES WHOSE TOUR OF DUTY INCLUDED HOURS OUTSIDE THE HOURS THE OFFICE WAS CLOSED ARE ENTITLED TO NO HOLIDAY BENEFIT THEREFROM SO FAR AS SUCH OUTSIDE HOURS ARE CONCERNED.

ON THE STATEMENT OF FACTS PRESENTED IN YOUR SUBMISSION, THE EMPLOYEE WHOSE TOUR OF DUTY EXTENDED FROM 4 P.M. TO 12 A.M. DECEMBER 24, 1946, WOULD BE ENTITLED TO HOLIDAY OR PREMIUM PAY FOR ONE HOUR, ONLY.