B-153107, JANUARY 2, 1964, 43 COMP. GEN. 501

B-153107, JANUARY 2, 1964, 43 COMP. GEN. 501

COMPENSATION - POSTAL SERVICE - HOLIDAYS - DAY OF MOURNING, NOVEMBER 25, 1963. LEAVES OF ABSENCE - COMPENSATORY TIME - DAY OF MOURNING, NOVEMBER 25, 1963. LEAVES OF ABSENCE - HOLIDAYS - DAY OF MOURNING, NOVEMBER 25, 1963 POSTAL EMPLOYEES WHO WORKED ON NOVEMBER 25, 1963, THE NATIONAL DAY OF MOURNING FOR THE LATE PRESIDENT JOHN F. KENNEDY, ARE NOT ENTITLED TO HOLIDAY BENEFITS FOR THE WORK, THERE BEING NO REFERENCE IN OR INTENT UNDER EXECUTIVE ORDER NO. 11128 CLOSING GOVERNMENT OFFICES TO DECLARE THE DAY A HOLIDAY, AND EVEN THOUGH THE EMPLOYEES WHO WORKED ON NOVEMBER 25, MAY HAVE BEEN ERRONEOUSLY INFORMED THAT THEY WOULD RECEIVE HOLIDAY BENEFITS PRESCRIBED IN 39 U.S.C. 3573, NEITHER HOLIDAY PAY NOR COMPENSATORY TIME MAY BE AUTHORIZED. POSTAL EMPLOYEES WHO WERE SCHEDULED TO BE ON COMPENSATORY LEAVE ON NOVEMBER 25, 1963, THE DAY GOVERNMENT OFFICES WERE CLOSED IN RESPECT FOR THE LATE PRESIDENT JOHN F. KENNEDY, BUT WHO WERE REQUIRED TO WORK ON THAT DAY MAY BE GRANTED AN ADDITIONAL DAY OF COMPENSATORY TIME FOR THE WORK. EMPLOYEES WHO, BECAUSE OF APPROVED ANNUAL OR SICK LEAVE, WERE ABSENT ON NOVEMBER 25, 1963, THE DAY GOVERNMENT OFFICES WERE CLOSED IN RESPECT FOR THE LATE PRESIDENT JOHN F. KENNEDY, MAY HAVE THE DAY CONSIDERED A NONWORKDAY AND THEIR ABSENCES SHOULD NOT BE CHARGED TO ANNUAL OR SICK LEAVE.

TO THE POSTMASTER GENERAL, JANUARY 2, 1964:

THIS REFERS TO YOUR LETTER OF DECEMBER 18, 1963, CONCERNING THE GRANTING OF TIME OFF TO EMPLOYEES WHO WORKED ON NOVEMBER 25, 1963.

YOU SAY THAT FOLLOWING PRESIDENT LYNDON B. JOHNSON'S PROCLAMATION NO. 3561 OF SATURDAY, NOVEMBER 23, DECLARING MONDAY, NOVEMBER 25, 1963, A NATIONAL DAY OF MOURNING FOR THE LATE PRESIDENT KENNEDY, THE POST OFFICE DEPARTMENT DIRECTED ITS FIELD ESTABLISHMENTS TO CLOSE INSOFAR AS POSSIBLE. HOWEVER, IT WAS RECOGNIZED THAT CERTAIN ESSENTIAL FUNCTIONS WOULD HAVE TO BE PERFORMED ON THAT DAY. THESE ARE FUNCTIONS NORMALLY REQUIRED WHEN POST OFFICES ARE CLOSED BECAUSE OF A HOLIDAY. ACCORDINGLY, THE POSTMASTERS AND OTHER INSTALLATION HEADS WERE AUTHORIZED TO REQUIRE CERTAIN EMPLOYEES TO WORK ON NOVEMBER 25, EITHER FOR A FULL DAY OR FOR A PARTIAL DAY.

YOU FURTHER SAY THAT BECAUSE OF THE LIMITED TIME IN WHICH TO ISSUE INSTRUCTIONS AND A BREAKDOWN IN COMMUNICATIONS A NUMBER OF OFFICES CALLED EMPLOYEES TO WORK FOR NOVEMBER 25 UNDER A PROMISE OF THE HOLIDAY BENEFITS SET OUT IN 39 U.S.C. 3573 AND THAT PRELIMINARY REPORTS INDICATE THAT 35,567 EMPLOYEES WORKED A FULL 8-HOUR TOUR OF DUTY IN POST OFFICES ON NOVEMBER 25, AND 8,129 EMPLOYEES WORKED A PART OF A TOUR OF DUTY IN POST OFFICES ON THAT DAY. MANY OF THESE EMPLOYEES WORKED WITH THE UNDERSTANDING THAT THEY WOULD RECEIVE THE NORMAL HOLIDAY BENEFITS FOR SUCH EMPLOYMENT AND SOME OF THEM HAVE ALREADY BEEN GRANTED COMPENSATORY TIME BY THEIR POSTMASTERS.

YOU ASK WHETHER THE ISSUANCE OF THE FOLLOWING INSTRUCTION WITH RESPECT TO THE POSTAL FIELD SERVICE WOULD BE PROPER:

IT HAS BEEN DETERMINED THAT EACH REGULAR EMPLOYEE (EXCEPT THOSE LISTED IN SECTION 755.17 POSTAL MANUAL) WHO WORKED FULL OR PART TIME ON MONDAY, NOVEMBER 25, 1963 SHALL BE GRANTED AN EQUAL AMOUNT OF TIME OFF PRIOR TO JUNE 19, 1964. THE AMOUNT OF TIME OFF SHALL BE CHARGED TO "OTHER LEAVE.' THIS ORDER IS APPLICABLE ONLY TO THOSE REGULAR EMPLOYEES WHO HAVE NOT PREVIOUSLY BEEN GRANTED OTHER LEAVE FOR WORK PERFORMED ON MONDAY, NOVEMBER 25.

THE GRANTING OF OTHER LEAVE IN ACCORDANCE WITH THIS ORDER SHALL BE DONE AT THE CONVENIENCE OF THE DEPARTMENT. WHILE THIS GRANTING OF OTHER LEAVE IS NOT TO BE CONSIDERED COMPENSATORY TIME, POSTMASTERS SHALL, WHENEVER POSSIBLE, BE GUIDED BY ARTICLE XV-3A OF THE NATIONAL AGREEMENT (POD PUBLICATION 53) WHEN AUTHORIZING OTHER LEAVE IN ACCORDANCE WITH THESE INSTRUCTIONS.

LIKEWISE THOSE EMPLOYEES WHO WERE SCHEDULED FOR COMPENSATORY TIME ON NOVEMBER 25 FOR WORK PERFORMED ON SATURDAYS, SUNDAYS OR A HOLIDAY SHALL BE GRANTED COMPENSATORY TIME IN LIEU THEREOF AS SOON AS PRACTICABLE BUT IN ANY EVENT PRIOR TO JUNE 19, 1964. EMPLOYEES WHO WERE ABSENT ON NOVEMBER 25, 1963, BECAUSE OF APPROVED ANNUAL LEAVE OR SICK LEAVE WILL NOT HAVE THEIR ABSENCE CHARGED TO ANNUAL LEAVE OR SICK LEAVE.

EXECUTIVE ORDER NO. 11128, DATED NOVEMBER 23, 1963, PROVIDES THAT:

BY VIRTUE OF THE AUTHORITY VESTED IN ME AS PRESIDENT OF THE UNITED STATES, IT IS HEREBY ORDERED AS FOLLOWS:

1. ALL EXECUTIVE DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND OTHER GOVERNMENTAL AGENCIES, INCLUDING THEIR FIELD SERVICES, SHALL BE CLOSED ON MONDAY, NOVEMBER 25, 1963, AS A MARK OF RESPECT FOR PRESIDENT JOHN FITZGERALD KENNEDY.

2. THIS ORDER SHALL NOT APPLY TO THOSE OFFICES AND INSTALLATIONS, OR PARTS THEREOF, IN THE DEPARTMENT OF STATE, THE DEPARTMENT OF DEFENSE, OR OTHER DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND GOVERNMENTAL AGENCIES WHICH THE HEADS THEREOF DETERMINE SHOULD REMAIN OPEN FOR REASONS OF NATIONAL SECURITY OR DEFENSE OR OTHER PUBLIC REASONS.

WE NOTE THAT THE ABOVE EXECUTIVE ORDER OMITS ANY MENTION OF NOVEMBER 25, 1963, BEING A HOLIDAY. MOREOVER, OUR UNDERSTANDING IS THAT IT WAS NOT THE INTENT OF THE EXECUTIVE ORDER TO DECLARE A HOLIDAY. IN THAT CONNECTION THE UNITED STATES CIVIL SERVICE COMMISSION ISSUED BULLETIN NO. 610-2 (1) ON NOVEMBER 27, 1963, WHICH PROVIDES IN PART:

NOVEMBER 25 IS NOT CONSIDERED TO BE A HOLIDAY FOR PAY PURPOSES. CONSEQUENTLY, AN EMPLOYEE WHO WORKED ON THAT DAY WOULD BE ENTITLED TO RECEIVE HIS NORMAL PAY FOR THE DAY, INCLUDING ANY PREMIUM PAY (E.G., NIGHT DIFFERENTIAL PAY OR OVERTIME PAY) THAT WOULD OTHERWISE BE APPLICABLE.

ON THE OTHER HAND, FOR OFFICES THAT CLOSED ON NOVEMBER 25, THE DAY IS CONSIDERED TO BE A NONWORKDAY WITHIN THE MEANING OF SECTION 205 OF THE ANNUAL AND SICK LEAVE ACT OF 1951. ON THIS BASIS, AN EMPLOYEE ON EXTENDED LEAVE WOULD NOT BE CHARGED LEAVE FOR THE DAY IF HIS OFFICE WAS CLOSED.

FOR OFFICES THAT WERE NOT CLOSED, THE NORMAL LEAVE POLICIES AND PRACTICES OF AN AGENCY WOULD APPLY.

WE AGREE WITH THE CIVIL SERVICE COMMISSION'S INTERPRETATION OF THE EXECUTIVE ORDER AND, THEREFORE, UNDER THE NORMAL LEAVE POLICIES WE FIND NO BASIS FOR GRANTING A DAY OFF TO BE CHARGED TO "OTHER LEAVE" TO EMPLOYEES WHO WERE REQUIRED TO WORK ON NOVEMBER 25. THE FACT THAT SOME POSTMASTERS MAY HAVE ERRONEOUSLY INFORMED EMPLOYEES THAT THOSE EMPLOYEES WHO WORKED NOVEMBER 25 WOULD BE ENTITLED TO THE HOLIDAY BENEFITS SET OUT IN 39 U.S.C. 3573, CANNOT SERVE AS A BASIS FOR ALLOWANCE OF HOLIDAY PAY OR COMPENSATORY LEAVE FOR WORK PERFORMED ON THAT DAY.

CONCERNING THE GRANTING OF AN ADDITIONAL DAY OF COMPENSATORY TIME OFF TO EMPLOYEES WHO WERE SCHEDULED TO BE OFF ON COMPENSATORY LEAVE ON NOVEMBER 25 WE WOULD HAVE NO OBJECTION THERETO. ALSO, WE AGREE THAT THOSE EMPLOYEES WHO WERE ABSENT ON NOVEMBER 25 BECAUSE OF APPROVED ANNUAL LEAVE OR SICK LEAVE SHOULD NOT HAVE THEIR ABSENCES CHARGED TO ANNUAL OR SICK LEAVE.

IN LINE WITH THE FOREGOING ONLY THE LAST PARAGRAPH OF THE PROPOSED INSTRUCTION IS REGARDED AS PROPER.