B-153107, NOV. 25, 1969

B-153107, NOV. 25, 1969

COMPENSATION--HOLIDAYS--JULY 21, 1969--MOON LANDING TEMPORARY SUMMER AIDS SERVING UNDER APPOINTMENTS LIMITED TO 90 DAYS OR LESS AT WAGES FIXED UNDER WAGE BOARD AUTHORITY WHO WORKED JULY 21, 1969 (DECLARED HOLIDAY FOR FEDERAL EMPLOYEES IN OBSERVANCE OF MOON LANDING BY PRESIDENT'S PROCLAMATION NO. 3919, JULY 16, 1969 AND MEMORANDUM OF SAME DATE) MAY NOT BE PAID HOLIDAY PAY FOR SUCH WORK. SINCE, THEY SERVED UNDER APPOINTMENTS LIMITED TO 90 DAYS OR LESS THEY WERE NOT ENTITLED TO HOLIDAY PAY UNDER 5 U.S.C. 6104, AND IT FOLLOWS THAT THEY WERE ENTITLED ONLY TO REGULAR PAY FOR WORK PERFORMED ON HOLIDAY ABSENT SPECIFIC PROVISION OF WAGE SCHEDULE OR REGULATION PRESCRIBING SOME OTHER RATE.

TO MAJOR W. J. NELSON:

WE REFER TO YOUR LETTER OF SEPTEMBER 16, 1969, YOUR REFERENCE FCCT4, WHICH WAS RECEIVED HERE ON OCTOBER 21, 1969, BY WHICH YOU REQUEST OUR DECISION WHETHER YOU MAY PROPERLY PAY CERTAIN TEMPORARY SUMMER AIDS EMPLOYED BY THE FIELD COMMAND SANDIA BASE, DEFENSE ATOMIC SUPPORT AGENCY, HOLIDAY PAY FOR WORK THEY PERFORMED ON JULY 21, 1969, WHICH WAS A HOLIDAY FOR FEDERAL EMPLOYEES UNDER THE PRESIDENT'S PROCLAMATION NO. 3919 OF JULY 16, 1969, AND HIS MEMORANDUM OF THE SAME DATE.

APPARENTLY, THE WAGES OF THE EMPLOYEES IN QUESTION WERE FIXED UNDER WAGE BOARD AUTHORITY. WE UNDERSTAND THAT THE PROVISIONS OF 5 CFR 213.3102 (V) DO NOT CONSTITUTE AUTHORITY TO FIX THE WAGES OF SUMMER AID EMPLOYEES BUT RATHER PRIMARILY PROVIDE AUTHORITY TO APPOINT SUCH EMPLOYEES IN THE EXCEPTED SERVICE (EXCEPTED FROM THE COMPETITIVE SERVICE) WHOSE WAGES HAVE BEEN FIXED AT THE EQUIVALENT OF WAGE RATES ESTABLISHED BY THE FAIR LABOR STANDARDS ACT OR AT THE EQUIVALENT OF CERTAIN OTHER RATES IF AN AGENCY DOES NOT HAVE WAGE BOARD AUTHORITY.

UNDER THE PRESIDENT'S MEMORANDUM OF JULY 16, 1969, JULY 21, 1969, WAS A HOLIDAY FOR GOVERNMENT EMPLOYEES FOR PURPOSES OF ALL STATUTES RELATING TO PAY AND LEAVE. ACCORDINGLY, THE PAY OF THE EMPLOYEES CONCERNED FOR THAT DAY IS SUBJECT TO THE SAME RULES AS ARE APPLICABLE TO PAY FOR ESTABLISHED NATIONAL HOLIDAYS.

REGULAR EMPLOYEES WHOSE PAY IS FIXED AT A DAILY OR HOURLY RATE OR ON A PIECEWORK BASIS ARE ENTITLED TO PAY FOR HOLIDAYS ON WHICH THEY DO NOT WORK UNDER 5 U.S.C. 6104. HOWEVER, UNDER SECTION 610.303 (B) OF THE CIVIL SERVICE REGULATIONS, THE TERM "REGULAR EMPLOYEES" INCLUDES ONLY EMPLOYEES HAVING APPOINTMENTS NOT LIMITED TO 90 DAYS OR LESS. NONREGULAR WAGE BOARD EMPLOYEES ARE NOT ENTITLED TO PAY FOR HOLIDAYS ON WHICH THEY DO NOT WORK. SEE 31 COMP. GEN. 565 (1952); 34 ID. 235 (1954).

THE LAW AND REGULATIONS QUOTED IN FEDERAL PERSONNEL MANUAL SUPPLEMENT 990 -2, BOOK 550, PARAGRAPH S1-5--5 U.S.C. 5546 (B) AND (E), AND SECTIONS 550.131 AND 550.132 OF THE CIVIL SERVICE REGULATIONS -- DEAL WITH PAY ENTITLEMENTS OF GENERAL SCHEDULE AND CERTAIN OTHER GOVERNMENT EMPLOYEES BUT DO NOT APPLY TO WAGE BOARD EMPLOYEES. SEE 5 U.S.C. 5541 (2) (XI). THEREFORE, THE PROVISIONS WITH REGARD TO HOLIDAY PAY AS THEY APPEAR IN PARAGRAPH S1-5 ARE NOT APPLICABLE TO THE EMPLOYEES INVOLVED IN THIS CASE.

WE UNDERSTAND THAT WAGE BOARD EMPLOYEES UNDER THE TERMS OF APPLICABLE WAGE SCHEDULES USUALLY RECEIVE THEIR REGULAR PAY FOR HOLIDAYS ON WHICH THEY WORK IN ADDITION TO THE PAY THEY WOULD HAVE BEEN ENTITLED TO UNDER 5 U.S.C. 6104 HAD THEY NOT WORKED. SINCE THE EMPLOYEES HERE INVOLVED SERVED UNDER APPOINTMENTS LIMITED TO 90 DAYS OR LESS THEY WERE NOT ENTITLED TO PAY UNDER 5 U.S.C. 6104. IT FOLLOWS THAT THEY WERE ENTITLED TO THEIR REGULAR PAY ONLY FOR WORK PERFORMED ON HOLIDAYS UNLESS SOME SPECIFIC PROVISION OF A WAGE SCHEDULE OR REGULATION PRESCRIBES SOME OTHER RATE. HAVE BEEN UNABLE TO FIND ANY WAGE SCHEDULE OR REGULATION TO THAT EFFECT.

ON THE BASIS OF THE INFORMATION FURNISHED, THE VOUCHER FORWARDED FOR OUR CONSIDERATION MAY NOT BE PAID AND IS RETAINED IN OUR FILES.