B-64449, MARCH 28, 1947, 26 COMP. GEN. 704

B-64449: Mar 28, 1947

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

HOLIDAY COMPENSATION - ALASKA RAILROAD EMPLOYEES REGULAR EMPLOYEES OF THE ALASKA RAILROAD WHOSE COMPENSATION IS FIXED BY WAGE BOARDS ON AN ANNUAL OR MONTHLY BASIS ARE NOT TO BE REGARDED AS WITHIN THE PURVIEW OF THE HOLIDAY PAY STATUTE OF JUNE 29. SO THAT SUCH EMPLOYEES ARE NOT ENTITLED. A HOLIDAY FALLING ON THEIR "OVERTIME" DAY ON WHICH NO WORK WAS PERFORMED. 1947: I HAVE YOUR LETTER OF MARCH 5. AS FOLLOWS: YOUR ADVICE IS REQUESTED UPON TWO QUESTIONS: 1. ARE EMPLOYEES OF THE ALASKA RAILROAD WHOSE RATE OF COMPENSATION IS FIXED ON AN ANNUAL OR MONTHLY BASIS AND WHO WERE IN A DUTY STATUS OR ON SICK OR ANNUAL LEAVE AS OF FEBRUARY 22. IF QUESTION 1 IS ANSWERED IN THE AFFIRMATIVE. THE REGULAR RATE IS PAID FOR THE FIRST 40 HOURS WORKED.

B-64449, MARCH 28, 1947, 26 COMP. GEN. 704

HOLIDAY COMPENSATION - ALASKA RAILROAD EMPLOYEES REGULAR EMPLOYEES OF THE ALASKA RAILROAD WHOSE COMPENSATION IS FIXED BY WAGE BOARDS ON AN ANNUAL OR MONTHLY BASIS ARE NOT TO BE REGARDED AS WITHIN THE PURVIEW OF THE HOLIDAY PAY STATUTE OF JUNE 29, 1938, APPLICABLE TO REGULAR EMPLOYEES COMPENSATED ON A DAILY, HOURLY, OR PIECE-WORK BASIS, SO THAT SUCH EMPLOYEES ARE NOT ENTITLED, IN THE ABSENCE OF STATUTORY AUTHORITY THEREFOR, TO COMPENSATION FOR SATURDAY, FEBRUARY 22, 1947, A HOLIDAY FALLING ON THEIR "OVERTIME" DAY ON WHICH NO WORK WAS PERFORMED.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE INTERIOR, MARCH 28, 1947:

I HAVE YOUR LETTER OF MARCH 5, 1947, AS FOLLOWS:

YOUR ADVICE IS REQUESTED UPON TWO QUESTIONS:

1. ARE EMPLOYEES OF THE ALASKA RAILROAD WHOSE RATE OF COMPENSATION IS FIXED ON AN ANNUAL OR MONTHLY BASIS AND WHO WERE IN A DUTY STATUS OR ON SICK OR ANNUAL LEAVE AS OF FEBRUARY 22, 1947, ( SATURDAY) ENTITLED TO COMPENSATION FOR THE HOLIDAY WHEN THEY DID NOT WORK ON THAT DAY?

2. IF QUESTION 1 IS ANSWERED IN THE AFFIRMATIVE, SHOULD THE EMPLOYEES BE PAID AT A STRAIGHT-TIME OR AN OVERTIME RATE?

BY ADMINISTRATIVE ACTION, A WORK-WEEK OF SIX 8-HOUR DAYS HAS BEEN ESTABLISHED FOR ALL RAILROAD EMPLOYEES. THE REGULAR RATE IS PAID FOR THE FIRST 40 HOURS WORKED; THE OVERTIME RATE IS PAID FOR WORK IN EXCESS OF 40 HOURS. (SEE 25 COMP. GEN. 409.)

THE EMPLOYEES INVOLVED IN THIS INQUIRY ARE REGULAR, NOT CASUAL, EMPLOYEES. MOREOVER, THEIR ACTUAL MONTHLY COMPENSATION IS COMPUTED IN TERMS OF HOURS WORKED AT THE STRAIGHT-TIME HOURLY RATES AND THE OVERTIME HOURLY RATES DERIVED FROM THEIR BASIC COMPENSATION IN ACCORDANCE WITH THE FORMULAE PRESCRIBED BY SECTION 203 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 (5 U.S.C., SUPP., 913). IT WOULD APPEAR, THEREFORE, THAT THE EMPLOYEES WOULD FALL WITHIN THE PURVIEW OF THE ACT OF JUNE 29, 1938 (5 U.S.C. 86A), AND WOULD BE ENTITLED TO COMPENSATION AT THE STRAIGHT-TIME RATES FOR THE HOLIDAY. HOWEVER, AS THE MATTER IS NOT FREE FROM DOUBT, A STATEMENT OF YOUR VIEWS WOULD BE APPRECIATED.

THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 296, EXCEPTED ALL WAGE BOARD EMPLOYEES FROM THE VARIOUS SECTIONS OF THAT ACT EXCEPT SECTIONS 203 AND 607, 59 STAT. 297, 304. ACCORDINGLY, SECTION 302 OF SAID ACT, 59 STAT. 298, AS AMENDED, RELATING TO HOLIDAY PAY, IS NOT FOR CONSIDERATION HERE.

THE ACT OF JUNE 29, 1938, 52 STAT. 1246, 1247, 5 U.S.C. 86A, REFERRED TO BY YOU, PROVIDES:

THAT HEREAFTER WHENEVER REGULAR EMPLOYEES OF THE FEDERAL GOVERNMENT WHOSE COMPENSATION IS FIXED AT A RATE PER DAY, PER HOUR, OR ON A PIECE WORK BASIS ARE RELIEVED OR PREVENTED FROM WORKING SOLELY BECAUSE OF THE OCCURRENCE OF A HOLIDAY SUCH AS NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, FOURTH OF JULY, LABOR DAY, THANKSGIVING DAY, CHRISTMAS DAY, OR ANY OTHER DAY DECLARED A HOLIDAY BY FEDERAL STATUTE OR EXECUTIVE ORDER, OR ANY DAY ON WHICH THE DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT ARE CLOSED BY EXECUTIVE ORDER, THEY SHALL RECEIVE THE SAME PAY FOR SUCH DAYS AS FOR OTHER DAYS ON WHICH AN ORDINARY DAY'S WORK IS PERFORMED.

SEC. 2. THE JOINT RESOLUTION OF JANUARY 6, 1985 ( U.S.C., TITLE 5, SEC. 86), AND ALL OTHER LAWS INCONSISTENT OR IN CONFLICT WITH THE PROVISIONS OF THIS ACT ARE HEREBY REPEALED TO THE EXTENT OF SUCH INCONSISTENCY OR CONFLICT.

THE VARIOUS ACTS OF CONGRESS CONSISTENTLY HAVE RECOGNIZED A DIFFERENCE, WITH RESPECT TO EMPLOYEES WHOSE WAGES ARE FIXED BY WAGE BOARDS, BETWEEN THOSE WHOSE WAGES ARE FIXED UPON AN ANNUAL OR MONTHLY BASIS AND THOSE WHOSE WAGES ARE FIXED UPON A DAILY, HOURLY, OR PIECE WORK BASIS. CF. 23 COMP. GEN. 123; 25 ID. 409. WHILE THE EMPLOYEES REFERRED TO IN YOUR SUBMISSION MAY BE CONSIDERED REGULAR EMPLOYEES, THEIR COMPENSATION IS NOT FIXED AT A RATE PER DAY, PER HOUR, OR ON A PIECE-WORK BASIS. THE 1938 ACT IS NOT FOR CONSIDERATION IN THE CASE OF EMPLOYEES UPON AN ANNUAL OR MONTHLY SALARY BASIS.

IN 25 COMP. GEN. 254, AT PAGE 259, IT IS STATED:

* * * HOWEVER, IT HAS BEEN HELD THAT EMPLOYEES WHOSE COMPENSATION IS COMPUTED AND PAID PURSUANT TO SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, ARE NOT ENTITLED TO ANY COMPENSATION FOR A HOLIDAY OCCURRING ON THEIR SO-CALLED OVERTIME DAY ON WHICH NO WORK IS PERFORMED. SEE DECISION OF AUGUST 23, 1938, 18 COMP. GEN. 191, IN WHICH THE FOLLOWING RULE IS STATED (QUOTING FROM THE SYLLABUS):

"EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WORKING ON A FIVE-DAY 40- HOUR WEEK BASIS ( MONDAY THROUGH FRIDAY), ARE NOT ENTITLED, IN VIEW OF THE PROVISIONS OF PUBLIC RESOLUTION NO. 127, JUNE 29, 1938, 52 STAT. 1246, TO PAY FOR A LEGAL HOLIDAY FALLING ON SATURDAY, A NON-WORK DAY. 15 COMP. GEN. 700, AUTHORIZING SUCH LEGAL HOLIDAY PAY UNDER THEN EXISTING STATUTES, RENDERED INOPERATIVE BY THE PUBLIC RESOLUTION, SUPRA.'

THE SAME RULE IS APPLICABLE UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945 WHICH CONTAINS NO PROVISION AUTHORIZING PAYMENT OF COMPENSATION AT ANY RATE--- EITHER STRAIGHT TIME OR OVERTIME--- FOR A HOLIDAY NOT OCCURRING WITHIN THE 40-HOUR BASIC WORKWEEK OF AN EMPLOYEE ON WHICH NO WORK IS PERFORMED, AND SECTION 201 OF THE STATUTE WHICH AUTHORIZES PAYMENT OF OVERTIME COMPENSATION ONLY ,FOR ALL HOURS OF EMPLOYMENT, OFFICIALLY ORDERED OR APPROVED, IN EXCESS OF 40 HOURS IN ANY ADMINISTRATIVE WORKWEEK" WOULD PRECLUDE PAYMENT OF OVERTIME COMPENSATION FOR A HOLIDAY OUTSIDE OF THE 40-HOUR BASIC WORKWEEK ON WHICH NO WORK IS PERFORMED. * * *

I FIND NO STATUTE AUTHORIZING ANY PAYMENT TO EMPLOYEES, WHOSE WAGES ARE FIXED BY WAGE BOARDS ON AN ANNUAL OR MONTHLY BASIS, FOR HOLIDAYS FALLING ON AN OVERTIME DAY WHEN NO WORK IS PERFORMED. YOUR SUBMISSION IS ANSWERED ACCORDINGLY. OF COURSE, THIS IS NOT TO BE UNDERSTOOD AS PASSING UPON THE RIGHT OF SUCH EMPLOYEES TO COMPENSATION FOR HOLIDAYS FALLING WITHIN THEIR BASIC WORKWEEK OF 40 HOURS.