APRIL 16, 1924, 3 COMP. GEN. 766

APRIL 16, 1924, 3 COMP. GEN. 766

SUNDAYS AND HOLIDAYS - COMPENSATORY TIME FOR RAILWAY POSTAL CLERKS WHEN RAILWAY POSTAL CLERKS, WHO ARE PAID ON THE BASIS OF 306 DAYS PER YEAR AND WHO ARE ENTITLED TO COMPENSATORY TIME FOR WORK ON SUNDAYS AND HOLIDAYS, ARE REQUIRED TO WORK ON A SUNDAY OR HOLIDAY AND, WITHOUT PROPER EXCUSE, FAIL TO REPORT FOR DUTY ON SUCH SUNDAY OR HOLIDAY, ONE DAY'S PAY SHOULD BE DEDUCTED FROM THEIR SALARIES AND COMPENSATORY TIME SHOULD NOT BE GRANTED FOR THE SAID SUNDAY OR HOLIDAY.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, APRIL 16, 1924:

I HAVE YOUR LETTER OF MARCH 27, 1924, REQUESTING DECISION WHETHER RAILWAY POSTAL CLERKS WHOSE COMPENSATION IS COMPUTED ON THE BASIS OF 306 DAYS PER YEAR COME WITHIN THE FOLLOWING RULE ANNOUNCED IN DECISION OF SEPTEMBER 8, 1923, 3 COMP. GEN., 129 (QUOTING FROM THE SYLLABUS), AS AFFIRMED IN DECISIONS OF NOVEMBER 6, 1923, MANUSCRIPT, AND FEBRUARY 8, 1924, 3 COMP. GEN., 487:

WHEN EMPLOYEES OF THE POSTAL SERVICE ARE REQUIRED TO WORK ON A SUNDAY OR HOLIDAY AND, WITHOUT PROPER EXCUSE, FAIL TO REPORT FOR DUTY ON SUCH SUNDAY OR HOLIDAY ONE DAY'S PAY SHOULD BE DEDUCTED FROM THEIR SALARIES AND COMPENSATORY TIME SHOULD NOT BE GRANTED FOR SAID SUNDAY OR HOLIDAY.

YOU GIVE TWO EXAMPLES, AS FOLLOWS:

IF SUNDAY IS A'S DAY OFF AND HE IS CALLED UPON FOR EXTRA DUTY ON THAT DAY AND FAILS TO WORK AND HE HAS WORKED THE OTHER SIX DAYS IN THE WEEK, NO DEDUCTION IS MADE FOR FAILURE TO WORK ON SUNDAY. HE IS ENTITLED TO SIX DAYS' PAY BECAUSE HE WORKED SIX DAYS. EVEN THOUGH HE WORKED SUNDAY HE WOULD ONLY BE PAID FOR SIX DAYS AND WOULD BE GIVEN A DAY OFF.

B WORKS MONDAY TO SATURDAY WITH SUNDAY OFF. HE FAILS TO WORK TUESDAY AND LOSES PAY FOR THAT DAY, AND IS PAID FOR FIVE DAYS UNDER THE 306-DAY LAW, EXCLUSIVE OF SUNDAY AND HOLIDAYS.

THE ACT OF JUNE 5, 1920, 41 STAT., 1051, PROVIDES: "SERVICE OF CLERKS SHALL BE BASED ON AN AVERAGE OF NOT EXCEEDING EIGHT HOURS DAILY FOR THREE HUNDRED AND SIX DAYS PER ANNUM, * * *.' THE SAME ACT, 41 STAT., 1053, CONTAINS THE PROVISION AUTHORIZING THE COMPENSATORY TIME FOR EMPLOYEES WORKING ON SUNDAYS AND HOLIDAYS, ON WHICH THE PREVIOUS DECISIONS WERE BASED, AND EXPRESSLY INCLUDES "RAILWAY POSTAL CLERKS AT TERMINAL RAILWAY POST OFFICES AND TRANSFER OFFICES.'

THE TWO PROVISIONS ARE NOT INCONSISTENT. THE FIRST PROVISION FIXING306 DAYS PER YEAR AS THE BASIS FOR COMPENSATION OF SUCH CLERKS DOES NOT PRECLUDE THEIR EMPLOYMENT ON SUNDAYS AND HOLIDAYS ,WHEN THE NEEDS OF THE SERVICE REQUIRE" AS PROVIDED BY THE LATTER PROVISION, AND WHEN SO EMPLOYED THEIR COMPENSATION AND GRANTING OF COMPENSATORY TIME ARE CONTROLLED BY THE LATTER PROVISION. THE ONLY DIFFERENCE WOULD BE THAT THE DEDUCTION OF ONE DAY'S PAY FOR UNAUTHORIZED ABSENCE ON A SUNDAY OR HOLIDAY WOULD BE AT THE RATE OF 1/306TH OF THE ANNUAL SALARY.

IN THE CASE OF A THERE MUST BE DEDUCTED ONE DAY'S PAY FOR THE UNAUTHORIZED ABSENCE ON SUNDAY. IT MUST BE APPARENT THAT TO HOLD OTHERWISE WOULD BE TO PLACE THE CONTROL OF THE SUNDAY AND HOLIDAY WORK IN THE EMPLOYEES. CONGRESS NOT ONLY PROVIDED THE GRANTING OF COMPENSATORY TIME FOR THE BENEFIT OF EMPLOYEES REQUIRED TO WORK ON SUNDAYS AND HOLIDAYS, BUT ALSO RECOGNIZED THAT SUNDAY AND HOLIDAY WORK WAS ESSENTIAL AT TIMES AND PROVIDED AN EFFECTIVE MEANS OF COMPELLING SUCH SERVICE. THE CASE OF B NO SUNDAY OR HOLIDAY WORK WAS INVOLVED. THE DEDUCTION OF ONE DAY'S PAY IS CORRECT.

ACCORDINGLY YOU ARE ADVISED THAT THE RULE ANNOUNCED IN THE FORMER DECISIONS IS APPLICABLE TO RAILWAY POSTAL CLERKS PAID ON A BASIS OF 306 DAYS PER YEAR WHO COME WITHIN THE PROVISIONS OF THE LAW RELATIVE TO THE GRANTING OF COMPENSATORY TIME FOR WORK ON SUNDAYS AND HOLIDAYS.