B-99089, JANUARY 16, 1951, 30 COMP. GEN. 306

B-99089: Jan 16, 1951

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LEAVES OF ABSENCE - ANNUAL - ACCRUAL RESTRICTIONS - VESSEL EMPLOYEES LEAVE WITH PAY GRANTED VESSEL EMPLOYEES OF THE INLAND WATERWAYS CORPORATION AS COMPENSATION FOR EXTRA HOURS OF DUTY IN ACCORDANCE WITH THE PREVAILING PRACTICES OF THE RIVER TRANSPORTATION INDUSTRY IS NOT ANNUAL LEAVE WITHIN THE MEANING OF SECTION 1212. 1951: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 24. ARE APPLICABLE TO LEAVE REQUIRED TO BE GRANTED VESSEL EMPLOYEES OF THE INLAND WATERWAYS CORPORATION IN ACCORDANCE WITH THE PREVAILING PRACTICES OF THE RIVER TRANSPORTATION INDUSTRY. 64 STAT. 724) WHICH PROVISIONS ARE IN PERTINENT PART AS FOLLOWS: * * * PROVIDED. NOR TO PAY THE COMPENSATION OF VESSEL EMPLOYEES AND SUCH TERMINAL AND OTHER EMPLOYEES AS ARE NOT COVERED BY SAID ACT.

B-99089, JANUARY 16, 1951, 30 COMP. GEN. 306

LEAVES OF ABSENCE - ANNUAL - ACCRUAL RESTRICTIONS - VESSEL EMPLOYEES LEAVE WITH PAY GRANTED VESSEL EMPLOYEES OF THE INLAND WATERWAYS CORPORATION AS COMPENSATION FOR EXTRA HOURS OF DUTY IN ACCORDANCE WITH THE PREVAILING PRACTICES OF THE RIVER TRANSPORTATION INDUSTRY IS NOT ANNUAL LEAVE WITHIN THE MEANING OF SECTION 1212, GENERAL APPROPRIATION ACT, 1951, WHICH PROHIBITS EXPENDITURES OF FUNDS FOR THE PAYMENT OF ANNUAL LEAVE EARNED DURING THE CALENDAR YEAR 1950 AND UNUSED AT THE CLOSE OF BUSINESS ON JUNE 30, 1951, THEREFORE SAID SECTION DOES NOT APPLY TO "TIME OFF" WITH PAY GRANTED SUCH EMPLOYEES TO COMPENSATE THEM FOR EXTRA HOURS OF DUTY.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF COMMERCE, JANUARY 16, 1951:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 24, 1950, REQUESTING A DECISION WHETHER THE PROVISIONS OF SECTION 1212 OF THE GENERAL APPROPRIATION ACT, 1951, PUBLIC LAW 759, APPROVED SEPTEMBER 6, 1950, 64 STAT. 768, ARE APPLICABLE TO LEAVE REQUIRED TO BE GRANTED VESSEL EMPLOYEES OF THE INLAND WATERWAYS CORPORATION IN ACCORDANCE WITH THE PREVAILING PRACTICES OF THE RIVER TRANSPORTATION INDUSTRY. THE SAID SECTION 1212 PROVIDES:

NO PART OF THE FUNDS OF, OR AVAILABLE FOR EXPENDITURE BY ANY CORPORATION OR AGENCY INCLUDED IN THIS ACT, INCLUDING THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, SHALL BE AVAILABLE TO PAY FOR ANNUAL LEAVE ACCUMULATED BY ANY CIVILIAN OFFICER OR EMPLOYEE DURING THE CALENDAR YEAR 1950 AND UNUSED AT THE CLOSE OF BUSINESS ON JUNE 30, 1951; PROVIDED, THAT THIS SECTION SHALL NOT APPLY WITH RESPECT TO THE PAYMENT OF COMPENSATION FOR ACCUMULATED ANNUAL LEAVE IN THE CASE OF OFFICERS OR EMPLOYEES WHO LEAVE THEIR CIVILIAN POSITIONS FOR THE PURPOSE OF ENTERING UPON ACTIVE MILITARY OR NAVAL SERVICE IN THE ARMED FORCES OF THE UNITED STATES.

IN CONNECTION WITH THE QUESTION PRESENTED, YOU REFER TO THE PROVISIONS OF THE SAME ACT ( PUBLIC LAW 759) MAKING APPROPRIATION FOR THE INLAND WATERWAY CORPORATION FOR THE FISCAL YEAR 1951 (CHAPTER VIII, TITLE II, 64 STAT. 724) WHICH PROVISIONS ARE IN PERTINENT PART AS FOLLOWS:

* * * PROVIDED, THAT NO FUNDS SHALL BE USED TO PAY COMPENSATION OF EMPLOYEES NORMALLY SUBJECT TO THE CLASSIFICATION ACT OF 1949 AT RATES IN EXCESS OF RATES FIXED FOR SIMILAR SERVICES UNDER THE PROVISIONS OF SAID ACT, NOR TO PAY THE COMPENSATION OF VESSEL EMPLOYEES AND SUCH TERMINAL AND OTHER EMPLOYEES AS ARE NOT COVERED BY SAID ACT, AT RATES IN EXCESS OF RATES PREVAILING IN THE RIVER TRANSPORTATION INDUSTRY IN THE AREA (INCLUDING PREVAILING LEAVE ALLOWANCES FOR VESSEL EMPLOYEES, BUT THE GRANTING OF SUCH ALLOWANCES SHALL NOT BE CONSTRUED AS ESTABLISHING A DIFFERENT LEAVE SYSTEM WITHIN THE MEANING OF THAT TERM AS USED IN SECTION 3 OF THE ACT OF DECEMBER 21, 1944, (5 U.S.C. 61 D) ). (ITALICS SUPPLIED.)

IT IS UNDERSTOOD FROM THE FACTS RECITED IN YOUR LETTER, TOGETHER WITH THE INFORMATION CONTAINED IN THE HEARINGS BEFORE THE SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, IN CONNECTION WITH THE INDEPENDENT OFFICES APPROPRIATION BILL FOR 1950 (PART 2, PP. 1168, 1169), THAT IT IS THE PREVAILING PRACTICE OF THE INDUSTRY, OBSERVED BOTH BY THE GOVERNMENT AND BY PRIVATE EMPLOYERS, FOR VESSEL EMPLOYEES OF INLAND WATERWAYS TO WORK TWO SIX-HOUR SHIFTS OR 12 HOURS PER DAY SEVEN DAYS PER WEEK, AND AS COMPENSATION FOR THE EXTRA HOURS OF DUTY, LEAVE WITH PAY IS GRANTED TO SUCH EMPLOYEES UPON THE BASIS OF ONE-HALF DAY OFF FOR EACH DAY WORKED, OR A TOTAL OF 122 DAYS PER YEAR. IT IS STATED FURTHER IN YOUR LETTER THAT PROVISION COVERING THIS PROCEDURE IS CONTAINED IN THE CONTRACTS ENTERED INTO BETWEEN THE EMPLOYEES' UNIONS AND THE INLAND WATERWAYS CORPORATION AS WELL AS BETWEEN THE SAID UNIONS AND EMPLOYEES IN PRIVATE INDUSTRY. IN THAT CONNECTION, APPENDIX "A" TO LABOR AGREEMENT BETWEEN THE INLAND WATERWAYS CORPORATION, OPERATING FEDERAL BARGE LINES, AND THE NATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS PROVIDES AS FOLLOWS:

SECTION 4. TIME OFF ( LEAVE TIME)

LICENSED OFFICERS COVERED BY THIS AGREEMENT WILL BE ALLOWED 122 DAYS TIME OFF WITH PAY PER YEAR TO BE ACCUMULATED IN THE FOLLOWING MANNER:

(A) AFTER A THIRTY (30) DAY PERIOD HAS BEEN WORKED AN OFFICER SHALL HAVE ACCUMULATED FIFTEEN (15) DAYS TIME OFF. TIME OFF SHALL BE ACCUMULATED ON ANY ADDITIONAL DAYS WORKED (AFTER THE FIRST THIRTY (30) DAY PERIOD) ON THE BASIS OF .5 OF A DAY FOR EACH DAY WORKED, AND IT WILL NOT BE NECESSARY TO COMPLETE AN ADDITIONAL THIRTY (30) DAY PERIOD TO RECEIVE SUCH TIME OFF CREDITS SO ACCUMULATED.

(C) TIME OFF PROVISIONS SHALL BE INCLUSIVE OF THE ANNUAL AND SICK LEAVE PROVIDED FOR UNDER GOVERNMENT REGULATIONS WHICH ARE APPLICABLE TO THE CORPORATION.

(D) WHEN TIME OFF IS TAKEN, IT WILL BE PAID FOR AT THE RATE AT WHICH IT WAS ACCUMULATED.

(E) TIME OFF WILL BE GRANTED ONLY WHEN PROPERLY RELIEVED.

(F) NO TIME WILL BE ACCUMULATED BY ANY LICENSED DECK OFFICER WHILE ABSENT FROM THE BOAT, EITHER ON LEAVE WITH PAY, SICK LEAVE, IN A NON PAY STATUS, OR WHILE EXTENDING HIS LICENSE AS PROVIDED IN SECTION 2 OF THIS APPENDIX.

IN VIEW OF THE NATURE OF THE FOREGOING PROVISIONS AND HAVING IN MIND THE PRIMARY PURPOSE FOR WHICH "TIME OFF" IS GRANTED TO THESE EMPLOYEES- - TO COMPENSATE THEM FOR EXTRA HOURS OF DUTY--- IT REASONABLY MAY BE CONCLUDED THAT SUCH "TIME OFF" IS NOT ANNUAL LEAVE WITHIN THE MEANING OF THAT TERM AS USED IN SECTION 1212, SUPRA, AND THAT THE PROVISIONS OF SAID SECTION HAVE NO APPLICATION IN SUCH CASES.

COPIES OF THE LABOR AGREEMENTS BETWEEN THE INLAND WATERWAYS CORPORATION AND CERTAIN OF THE VESSEL EMPLOYEES, TRANSMITTED HERE INFORMALLY, ARE RETURNED HEREWITH.