B-83356, MARCH 14, 1949, 28 COMP. GEN. 515

B-83356, MARCH 14, 1949, 28 COMP. GEN. 515

HOLIDAY AND OVERTIME COMPENSATION EMPLOYEES WHO, ON JANUARY 20 AND 21, 1949, WERE ON A TRAVEL STATUS AND PERFORMING OFFICIAL DUTIES AWAY FROM THEIR OFFICIAL STATION AT WASHINGTON, D.C., MAY NOT BE REGARDED AS ENTITLED TO HOLIDAY PREMIUM PAY FOR WORK ON SUCH DAYS WHICH, PURSUANT TO THE JOINT RESOLUTION OF JANUARY 18, 1949, WERE CREATED HOLIDAYS ONLY AS TO THOSE EMPLOYEES WHO, EXCEPT FOR THE OCCURRENCE OF THE HOLIDAYS, WOULD HAVE BEEN EMPLOYED IN THE SPECIFIED AREAS INCLUDED IN THE METROPOLITAN AREA OF THE DISTRICT OF COLUMBIA. AUTHORIZED ATTENDANCE AT MEETINGS BY EMPLOYEES ON DAYS ( SATURDAY AND SUNDAY) OUTSIDE OF THEIR 40-HOUR WORKWEEKS MAY BE REGARDED AS "EMPLOYMENT" WITHIN THE MEANING OF THE OVERTIME COMPENSATION PROVISIONS OF SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, SO AS TO ENTITLE SUCH EMPLOYEES TO OVERTIME COMPENSATION FOR THE TIME ACTUALLY IN ATTENDANCE AT THE MEETING ON THOSE DAYS.

COMPTROLLER GENERAL WARREN TO THE LIBRARIAN OF CONGRESS, MARCH 14, 1949:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 2, 1949, SUBMITTING FOR ADVANCE DECISION THREE QUESTIONS THEREIN STATED AS FOLLOWS:

QUESTION 1. A NUMBER OF LIBRARY OF CONGRESS EMPLOYEES, WHOSE OFFICIAL STATION IS WASHINGTON, D.C., WERE DIRECTED AND AUTHORIZED TO ATTEND THE MIDWINTER MEETING OF THE AMERICAN LIBRARY ASSOCIATION AT CHICAGO, ILLINOIS, DURING THE FOUR SCHEDULED MEETING DAYS JANUARY 20 23, 1949, INCLUSIVE. ARE THEY ENTITLED TO HOLIDAY PAY FOR JANUARY 20, 1949 AND JANUARY 21, 1949?

QUESTION 2. ARE THE EMPLOYEES DESCRIBED IN QUESTION 1 ENTITLED TO OVERTIME PAY FOR JANUARY 22, 1949 AND JANUARY 23, 1949?

QUESTION 3. AN EMPLOYEE OF THE LIBRARY OF CONGRESS, WHOSE OFFICIAL STATION IS WASHINGTON, .C., WAS DIRECTED AND AUTHORIZED TO TRAVEL THROUGH A NUMBER OF STATES OUTSIDE THE METROPOLITAN AREA OF THE DISTRICT OF COLUMBIA, STOPPING OFF EN ROUTE TO PERFORM OFFICIAL DUTIES ARE REQUIRED. HE ACTUALLY PERFORMED OFFICIAL DUTIES ON JANUARY 20, 1949 AND JANUARY 21, 1949. IS HE ENTITLED TO HOLIDAY PAY FOR THE TWO DAYS?

THE QUESTIONS ARE STATED TO HAVE ARISEN IN CONNECTION WITH PUBLIC LAW 1, APPROVED JANUARY 18, 1949, WHICH MADE JANUARY 20 AND 21 HOLIDAYS FOR CERTAIN PURPOSES FOR FEDERAL EMPLOYEES IN THE METROPOLITAN AREA OF THE DISTRICT OF COLUMBIA.

IT IS ASSUMED THAT THE EMPLOYEES HERE INVOLVED ARE SUBJECT TO THE HOLIDAY AND OVERTIME COMPENSATION PROVISIONS OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 295, AS AMENDED BY THE FEDERAL EMPLOYEES PAY ACT OF 1946, 60 STAT. 216, 218, ALSO, THAT PROPER AUTHORITY EXISTS FOR PAYMENT OF EXPENSES FOR ATTENDANCE AT MEETINGS OF ASSOCIATIONS,

WITH REFERENCE TO QUESTIONS 1 AND 3, THE JOINT RESOLUTION OF JANUARY 18, 1949, PUBLIC LAW NO. 1, 63 STAT. 3, PROVIDES AS FOLLOWS:

THAT THE SEVERAL EXECUTIVE DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND OTHER GOVERNMENTAL AGENCIES OF THE UNITED STATES, INCLUDING THE LEGISLATIVE AND JUDICIAL BRANCHES, AND OF THE DISTRICT OF COLUMBIA, IN THE METROPOLITAN AREA OF THE DISTRICT OF COLUMBIA SHALL BE CLOSED ALL DAY ON THURSDAY, JANUARY 20, 1949, INAUGURATION DAY, AND ON THE SUCCEEDING DAY, FRIDAY, JANUARY 21, 1949. ALL EMPLOYEES OF SUCH DEPARTMENTS, ESTABLISHMENTS, AND AGENCIES AND OF THE DISTRICT OF COLUMBIA IN SUCH AREA, EXCEPT THOSE WHO MAY FOR SPECIAL PUBLIC REASONS BE REQUIRED TO BE ON DUTY ON SUCH DAYS BY THE HEADS OF THEIR RESPECTIVE DEPARTMENTS, ESTABLISHMENTS, OR AGENCIES, SHALL BE EXCUSED FROM DUTY ON THOSE DAYS; AND SUCH DAYS SHALL BE CONSIDERED HOLIDAYS FOR THE PURPOSE OF ALL STATUES RELATING TO THE COMPENSATION AND LEAVE OF EMPLOYEES OF THE UNITED STATES, AND OF THE DISTRICT OF COLUMBIA, EMPLOYED IN SUCH AREA. FOR THE PURPOSES OF THIS RESOLUTION, THE TERM ,METROPOLITAN AREA OF THE DISTRICT OF COLUMBIA" SHALL INCLUDE, IN ADDITION TO THE DISTRICT OF COLUMBIA, MONTGOMERY AND PRINCE GEORGES COUNTIES, MARYLAND; ARLINGTON AND FAIRFAX COUNTIES, VIRGINIA; AND THE CITY OF ALEXANDRIA, VIRGINIA.

THE PURPOSE OF THE ABOVE STATUTE WAS TO PERMIT EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA, IN THE METROPOLITAN AREA OF WASHINGTON AS THEREIN DEFINED, TO ATTEND, AND PARTICIPATE IN, THE INAUGURAL CEREMONIES, AND BY ITS OWN LANGUAGE SAID STATUTE IS LIMITED TO EMPLOYEES EMPLOYED IN THE AREAS SPECIFIED THEREIN.

THERE APPEARS TO BE NO PROPER BASIS FOR THE VIEW THAT THE CONGRESS, BY THE USE OF THE RDS,"EMPLOYED IN SUCH AREA," APPEARING IN THE STATUTE, INTENDED TO EMBRACE EMPLOYEES WHOSE OFFICIAL STATIONS WERE LOCATED WITHIN ONE OF THE SPECIFIED AREAS BUT WHO WERE REQUIRED TO PERFORM OFFICIAL DUTIES ELSEWHERE ON JANUARY 20 AND 21, 1949. IN OTHER WORDS, THE STATUTE IS TO BE REGARDED AS CREATING HOLIDAYS ON THE DATES INDICATED FOR ONLY THOSE EMPLOYEES WHO EXCEPT FOR THE OCCURRENCE OF THE HOLIDAY WOULD HAVE BEEN EMPLOYED IN ONE OF THE SPECIFIED AREAS ON SUCH DAYS. ACCORDINGLY, QUESTIONS 1 AND 3 ARE ANSWERED IN THE NEGATIVE.

REFERRING TO QUESTION 2, SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 296, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

SEC. 201. OFFICERS AND EMPLOYEES TO WHOM THIS TITLE APPLIES SHALL, IN ADDITION TO THEIR BASIC COMPENSATION, BE COMPENSATED FOR ALL HOURS OF EMPLOYMENT, OFFICIALLY ORDERED OR APPROVED IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORK-WEEK, AT OVERTIME RATES * * *.

THIS OFFICE PERCEIVES OF NO REASON WHY THE AUTHORIZED ATTENDANCE AT THE MEETINGS HELD IN CHICAGO ON JANUARY 22 AND 23, 1949 ( SATURDAY AND SUNDAY), SHOULD NOT BE REGARDED AS "EMPLOYMENT" WITHIN THE MEANING OF THE QUOTED PROVISION OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. HENCE, ASSUMING THAT SUCH EMPLOYMENT OCCURRED AFTER THE COMPLETION OF THE REQUIRED SERVICE OF 40 HOURS PER WEEK AND WAS OFFICIALLY ORDERED OR APPROVED, THE EMPLOYEES IN QUESTION WOULD BE ENTITLED TO OVERTIME COMPENSATION FOR JANUARY 22 AND 23, 1949, FOR THE TIME ACTUALLY IN ATTENDANCE AT THE MEETINGS ON THOSE DAYS. YOUR SECOND QUESTION IS ANSWERED ACCORDINGLY.