A-43642, AUGUST 8, 1932, 12 COMP. GEN. 193

A-43642, AUGUST 8, 1932, 12 COMP. GEN. 193

ECONOMY ACT - PART-TIME EMPLOYMENT - PERCENTAGE REDUCTIONS PER DIEM EMPLOYEES AT NAVAL ESTABLISHMENTS WHO FOR A YEAR PRIOR TO JULY 1, 1932, REGULARLY WORKED ONLY FOUR DAYS PER WEEK; NEW PER DIEM EMPLOYEES AND REGULAR PER DIEM EMPLOYEES ON ADMINISTRATIVE FURLOUGH WHO ARE CALLED IN TO WORK ON TWO OR THREE DAYS EACH WEEK; AND REGULAR PER DIEM EMPLOYEES ON ADMINISTRATIVE FURLOUGH RECALLED TO PERFORM TEMPORARY EMERGENCY SERVICE OF LESS THAN FIVE DAYS' DURATION, ARE ALL TO BE CLASSED AS PART-TIME EMPLOYEES WHOSE RATE OF COMPENSATION IS SUBJECT TO A REDUCTION OF 8 1/3 PERCENT UNDER SECTION 105 (D) (6) OF THE ECONOMY ACT, THE AMOUNT THUS DEDUCTED TO BE IMPOUNDED. A PER DIEM EMPLOYEE WORKING REGULARLY ON A 5-DAY WEEK, WHO FOR ANY REASON ABSENTS HIMSELF FROM WORK FOR ONE OR MORE DAYS DURING ANY WEEK, DOES NOT THEREBY BECOME A PART-TIME EMPLOYEE FOR THAT WEEK, BUT COMPENSATION FOR THE NUMBER OF DAYS WORKED IS TO BE COMPUTED ON THE 5 DAY-WEEK PLAN UNDER THE TERMS OF SECTION 101 (A) OF THE ECONOMY ACT. PER ANNUM EMPLOYEES AT NAVAL STATIONS REGULARLY WORKING LESS THAN FOUR DAYS PER WEEK ARE PART-TIME EMPLOYEES, THEIR PART-TIME COMPENSATION RATE IN EXCESS OF $1,000 PER ANNUM BEING SUBJECT TO 8 1/3 PERCENT REDUCTION AND THEY ARE NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY AND THEIR TIME OFF IS TO BE TREATED, WITH RESPECT TO SUNDAYS AND HOLIDAYS, THE SAME AS IN THE CASE OF ABSENCE WITHOUT PAY PRIOR TO JULY 1, 1932.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY AUGUST 8, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JULY 25, 1932, AS FOLLOWS:

SOME DOUBT HAS ARISEN AS TO THE APPLICATION OF THAT PART OF YOUR DECISION A-43185 DATED JULY 14, 1932, IN ANSWER TO QUESTION 1 (B) WHICH RELATES TO PART-TIME EMPLOYEES AND HOLDS THAT THE INCREASE IN THE PER DIEM RATE ON A FIVE-DAY-WEEK BASIS DOES NOT APPLY TO A PART-TIME PER DIEM EMPLOYEE AS DISTINGUISHED FROM FULL-TIME EMPLOYEES ON AUTHORIZED LEAVE OR FURLOUGH WITH PAY A PORTION OF THE FIVE-DAY WEEK.

DECISION IS THEREFORE REQUESTED AS TO WHETHER EMPLOYEES IN THE ILLUSTRATION CITED BELOW ARE TO BE CLASSED AS PART-TIME EMPLOYEES WITHIN THE MEANING OF YOUR ABOVE-MENTIONED DECISION.

(A) THE NAVAL ORDNANCE PLANT, BALDWIN, L.I., WAS PLACED ON A FOUR DAY- WEEK BASIS OVER A YEAR AGO. PER ANNUM EMPLOYEES AT THIS PLANT WERE FURLOUGHED WITHOUT PAY ON FRIDAYS AND SATURDAYS OF EACH WEEK BUT PER DIEM EMPLOYEES WERE NOT SPECIFICALLY FURLOUGHED SINCE THEY ONLY RECEIVED PAY FOR DAYS WORKED. WHILE THESE EMPLOYEES ARE REGULARLY WORKING ONLY A PART OF EACH WEEK YET THEY ARE FULL-TIME EMPLOYEES SINCE THEY ARE WORKING ALL THE DAYS IN THE WEEK ON WHICH THEY ARE PERMITTED TO WORK. PENDING YOUR DECISION THE DEPARTMENT HAS ISSUED INSTRUCTIONS THAT THESE EMPLOYEES BE PAID AT THE RATE SHOWN IN THE SCHEDULE OF WAGES WITH A DEDUCTION OF 8 1/3 PERCENT, THIS BEING A SMALLER PAYMENT THAN WOULD BE MADE IF THEY WERE GIVEN THE INCREASED RATES AS PROVIDED UNDER SECTION 101 (A) OF THE STATUTE WITH A DEDUCTION OF 1/11.

(B) IT IS NECESSARY THAT CERTAIN ACTIVITIES AT NAVY YARDS AND STATIONS BE CARRIED ON SEVEN DAYS IN THE WEEK. DUE TO THE PROHIBITION AGAINST WORKING PER DIEM EMPLOYEES MORE THAN FIVE DAYS IN A WEEK AND THE REQUIREMENT THAT WORK ON SUNDAYS AND HOLIDAYS SHALL BE PERFORMED BY SUBSTITUTES OR UNEMPLOYED REGULARS, IT WILL BE NECESSARY TO CALL IN ADDITIONAL EMPLOYEES FOR THE PURPOSE OF CARRYING ON NECESSARY WORK ON SATURDAYS, SUNDAYS, AND HOLIDAYS. WILL EMPLOYEES SO TAKEN ON AND WHO REGULARLY WORK ONLY TWO OR THREE DAYS OF EACH WEEK BE CLASSED AS PART TIME EMPLOYEES WITHIN THE MEANING OF YOUR DECISION MENTIONED ABOVE, ASSUMING (A) THAT THE EMPLOYEES SO TAKEN ON ARE NEW EMPLOYEES (I.E., NOT PREVIOUSLY CARRIED ON THE ROLLS OF THE NAVAL ESTABLISHMENT AND (B) THAT THEY ARE EMPLOYEES WHO HAVE BEEN PLACED ON ADMINISTRATIVE FURLOUGH WITHOUT PAY EITHER INDEFINITELY OR FOR AN EXTENDED PERIOD OF TIME?

(C) IN CONNECTION WITH THE LOADING AND UNLOADING OF VESSELS AND OTHER EMERGENCY WORK, IT FREQUENTLY BECOMES NECESSARY TO AUGMENT THE WORKING FORCE AT A NAVY YARD OR STATION FOR A FEW DAYS. ASSUMING THAT THE EMPLOYEES REQUIRED FOR THE ADDITIONAL WORK ARE RECALLED FROM THE ADMINISTRATIVE FURLOUGH WITHOUT PAY AND THE WORK IS COMPLETED IN LESS THAN FIVE DAYS, ARE SUCH EMPLOYEES TO BE CLASSED AS PART-TIME EMPLOYEES? UNDER THE SAME CONDITION, ASSUMING THAT THE WORK REQUIRES FIVE DAYS OR LONGER TO COMPLETE, ARE THEY TO BE CLASSED AS PART-TIME EMPLOYEES OR NOT? ASSUMING THAT THEY ARE NEW EMPLOYEES TAKEN ON THROUGH THE YARD LABOR BOARD, WOULD THEY BE CLASSED AS PART TIME EMPLOYEES IF THE (A) WORK WAS FINISHED IN LESS THAN FIVE DAYS AND (B) IF THE WORK REQUIRED FIVE DAYS OR LONGER TO COMPLETE?

(D) WOULD A PER DIEM WORKER REGULARLY EMPLOYED ON A FIVE-DAY WEEK, WHO FOR ANY REASON ABSENTS HIMSELF FROM WORK ON ONE OR MORE DAYS DURING ANY WEEK THEREBY BECOME A PART-TIME EMPLOYEE FOR THAT WEEK?

(E) IN THE CASE OF PER ANNUM EMPLOYEES REGULARLY WORKING LESS THAN FOUR DAYS A WEEK SUCH AS THOSE AT BALDWIN, L.I., ARE SUCH PER ANNUM EMPLOYEES ENTITLED TO PAY FOR SUNDAYS AND HOLIDAYS?

THE DECISION OF JULY 14, 1932, A-43185, 12 COMP. GEN. 30, TO WHICH YOU REFER, HELD AS FOLLOWS:

(1) (B)IT IS UNDERSTOOD THAT THE EMPLOYEES HERE INVOLVED ARE PART TIME PER DIEM EMPLOYEES WHO REGULARLY WORKED LESS THAN FIVE DAYS PER WEEK PRIOR TO JULY 1, 1932, AND ARE NOT REGULAR FULL-TIME PER DIEM EMPLOYEES WHO HAVE BEEN ON LEAVE OR FURLOUGH WITHOUT PAY FOR A PORTION OF EACH WEEK. DECISION OF JULY 8, 1932, A-43126, TO THE PUBLIC PRINTER, IT WAS STATED IN QUESTION AND ANSWER 3 AS FOLLOWS:

"3. UNDER SUBSECTION (A), CAN THE NEW RATE FOR FIVE DAYS OF 10/11 OF THE PRESENT PAY FOR A WEEK'S WORK OF FIVE AND ONE-HALF DAYS BE CONSIDERED AS FIXING THE PER HOUR AND PER DAY RATE WITHOUT REGARD AS TO WHETHER THE EMPLOYEE WORKS THE FULL FIVE DAYS OR A PORTION THEREOF EACH EEK?

YES.

THIS WAS INTENDED TO APPLY TO PER DIEM EMPLOYEES WHO REGULARLY WORK FIVE DAYS PER WEEK, BUT WHO ARE ON AUTHORIZED LEAVE OF ABSENCE OR FURLOUGH WITHOUT PAY FOR A PORTION THEREOF. THE OPERATION OF SECTION 101 (A) OF THE STATUTE IS TO INCREASE THE PER DIEM RATE ON A 5-DAY-WEEK BASIS. APPLICATION THEREOF TO REGULAR PART TIME PER DIEM EMPLOYEES WHO, PRIOR TO JULY 1, 1932, DID NOT WORK FIVE DAYS PER WEEK, AS DISTINGUISHED FROM EMPLOYEES ON AUTHORIZED LEAVE OR FURLOUGH WITHOUT PAY, WOULD RESULT IN AN INCREASE IN THE PER DIEM RATE FOR PART-TIME SERVICE BASED ON THE RATE RECEIVED JUNE 30, 1932. NO SUCH INCREASE IS CONTEMPLATED UNDER THE STATUTE. YOU ARE ADVISED, THEREFORE, THAT THE PROVISIONS OF SECTION 101 (A) DO NOT APPLY TO PART-TIME PER DIEM EMPLOYEES AS DISTINGUISHED FROM FULL-TIME EMPLOYEES ON AUTHORIZED LEAVE OR FURLOUGH WITH PAY A PORTION OF THE 5-DAY WEEK. IF IT IS ADMINISTRATIVELY IMPRACTICAL TO APPLY THE 5-DAY WEEK OR LEGISLATIVE FURLOUGH TO ANY PERSON REGULARLY WORKING ONLY PART TIME, WHO COME WITHIN THE TERMS "OFFICER" AND ,EMPLOYEE" AS DEFINED IN SECTION 104 OF THE STATUTE, THEIR COMPENSATION RATE AS OF JUNE 30, 1932, IS SUBJECT TO 8 1/3 PERCENT REDUCTION. SEE SECTION 105 (B) (6).

THIS PRINCIPLE IS APPLICABLE NOT ONLY TO PART-TIME EMPLOYEES, BUT TO RATES FOR PART-TIME POSITIONS, THAT IS, THE REDUCED RATE OF COMPENSATION IS APPLICABLE TO ALL PART-TIME AS DISTINGUISHED FROM FULL TIME POSITIONS. THE EMPLOYEES AND POSITIONS DESCRIBED UNDER PARAGRAPHS LETTERED (A), (B), AND (C) IN YOUR LETTER ARE TO BE REGARDED AS PART TIME EMPLOYEES AND THE PRINCIPLE OF THE DECISION OF JULY 14, 1932, ABOVE QUOTED, IS FOR APPLICATION.

IT IS UNDERSTOOD THAT THE EMPLOYEE REFERRED TO IN PARAGRAPH (D) WAS PLACED ON THE 5-DAY-WEEK BASIS PURSUANT TO SECTION 101 (A) OF THE ECONOMY ACT, AS DISTINGUISHED FROM EMPLOYEES WHO, PRIOR TO JULY 1, 1932, REGULARLY WORKED ONLY FIVE DAYS PER WEEK. IF SO, THE QUESTION IS ANSWERED IN THE NEGATIVE.

IT IS UNDERSTOOD THAT THERE IS NOT INVOLVED AS TO THE EMPLOYEES REFERRED TO IN PARAGRAPH (E) THE GRANTING OF THE ADMINISTRATIVE FURLOUGH WITHOUT PAY TO REGULAR FULL-TIME EMPLOYEES, BUT THAT THEY REGULARLY WORK LESS THAN FOUR DAYS PER WEEK. IF SO, THEY ARE PART TIME EMPLOYEES AND THE PRINCIPLES ABOVE STATED ARE APPLICABLE TO THEM; THAT IS TO SAY, UNDER SECTION 105 (B) (6) OF THE ECONOMY ACT, THEIR REGULAR PART-TIME RATE OF COMPENSATION FOR THE TIME ACTUALLY WORKED, BASED ON AN ANNUAL SALARY RATE IN EXCESS OF $1,000 PER ANNUM, IS SUBJECT TO 8 1/3 PERCENT REDUCTION. THEY ARE NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY, AND THEIR TIME OFF IS TO BE TREATED, WITH RESPECT TO SUNDAYS AND HOLIDAYS, THE SAME AS IN THE CASE OF ABSENCE WITHOUT PAY PRIOR TO JULY 1, 1932.