B-153107, SEP. 28, 1964

B-153107, SEP. 28, 1964

TO THE HONORABLE WALTER N. TO BRINER, PRESIDENT BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA:

YOUR LETTER OF AUGUST 18, 1964, POINTS OUT THAT MR. J. F. GRINER, NATIONAL PRESIDENT, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, HAS REQUESTED WHETHER ADDITIONAL COMPENSATION MAY BE GIVEN THOSE EMPLOYEES REQUIRED TO PERFORM SERVICES ON NOVEMBER 25, 1963, A DAY DESIGNATED TO BE A NATIONAL DAY OF MOURNING FOR THE LATE PRESIDENT JOHN F. KENNEDY BY EXECUTIVE ORDER NO. 11128 DATED NOVEMBER 23, 1963.

YOU ADVISE THAT YOU ISSUED ORDER NO. 63-2275 DATED NOVEMBER 23, 1963, QUOTING THE FOREGOING EXECUTIVE ORDER AND CONTAINING THE FOLLOWING STATEMENT:

"THAT THE DEPARTMENTS AND AGENCIES OF THE DISTRICT OF COLUMBIA GOVERNMENT SHALL BE CLOSED ON MONDAY, NOVEMBER 25, 1963. THIS ORDER SHALL NOT APPLY TO SUCH EMPLOYEES OF THOSE DEPARTMENTS AND AGENCIES AS ARE NECESSARY TO MAINTAIN ESSENTIAL MUNICIPAL SERVICES.'

YOU ALSO POINT OUT THAT OUR DECISION B-153107, JANUARY 2, 1964 (43COMP. GEN. 501), TO THE POSTMASTER GENERAL, IN WHICH WE HELD THAT NOVEMBER 25, 1963, WAS NOT CONSIDERED TO BE A HOLIDAY FOR PAY PURPOSES, WAS BROUGHT TO MR. GRINER'S ATTENTION. YOU SAY, HOWEVER, THAT MR. GRINER HAS INVITED ATTENTION TO A RECENT NEWSPAPER ARTICLE WHICH SAYS A U.S. DISTRICT JUDGE IN THE REVIEW OF A CERTAIN CASE RULED THAT THE "NATIONAL DAY OF MOURNING," NOVEMBER 25, 1963, WAS A LEGAL HOLIDAY.

IN VIEW THEREOF YOU REQUEST OUR CONSIDERATION AND ADVICE AS TO THE APPLICABILITY OF THE COURT'S RULING TO OUR DECISION REFERRED TO ABOVE.

WE POINTED OUT IN OUR DECISION THAT EXECUTIVE ORDER NO. 11128 OMITTED ANY MENTION OF NOVEMBER 25 BEING A HOLIDAY. MOREOVER, WE STATED THEREIN THAT IT WAS OUR UNDERSTANDING THAT IT WAS NOT THE INTENTION OF THE EXECUTIVE ORDER TO DECLARE A HOLIDAY. IN ADDITION, WE REFERRED TO BULLETIN NO. 610- 2 (1) ISSUED BY THE UNITED STATES CIVIL SERVICE COMMISSION ON NOVEMBER 27, 1963, WHICH WAS, IN PERTINENT PART, TO THE EFFECT THAT NOVEMBER 25 WAS NOT CONSIDERED A HOLIDAY FOR PAY PURPOSES.

WE BELIEVE THE COURT CASE REFERRED TO BY MR. GRINER IS THE MEMORANDUM OF DECISION ON PETITIONS FOR REVIEW, MAVIN CORPORATION AND BALLORY REALTY, INC., DEBTOR, IN PROCEEDINGS FOR A PLAN OF ARRANGEMENT UNDER CHAPTER XI, BANKRUPTCY ACT, DATED APRIL 29, 1964, UNITED STATES DISTRICT COURT, DISTRICT OF CONNECTICUT. THE QUESTION AROSE THEREIN WHETHER THE PETITIONS WERE FILED WITHIN THE PRESCRIBED PERIOD OF TIME FIXED UNDER THE BANKRUPTCY ACT. IN VIEW OF THE DEFINITION IN THE ACT OF THE WORD "HOLIDAY" IT WAS DETERMINED BY THE COURT THAT NOVEMBER 25 WAS A HOLIDAY FOR THE PURPOSE OF DETERMINING WHETHER SUCH PETITIONS HAD BEEN FILED WITHIN THE PRESCRIBED TIME LIMIT. CF. LAUBISCH V. ROBERDO, 260 P.2D 1004, WHEREIN THE COURT CONSIDERED THE LEGAL EFFECT OF EXECUTIVE ORDERS DECLARING A DAY OF MOURNING ON PRESIDENT'S ROOSEVELT'S DEATH AND A DAY OF THANKSGIVING ON V-J DAY, AND FOUND THAT SUCH DAYS WERE NOT CONSIDERED HOLIDAYS FOR THE PURPOSE OF EXTENDING A TIME LIMIT PRESCRIBED BY STATUTE.

WE FIND NO BASIS FOR APPLYING THE DECISION REFERRED TO BY MR. GRINER TO THE COMPENSATION RIGHTS COVERED BY OUR DECISION B-153107, JANUARY 2, 1964 (43 COMP. GEN. 501). THEREFORE, TIME OFF WITHOUT CHARGE TO LEAVE OR ADDITIONAL COMPENSATION MAY NOT BE GRANTED EMPLOYEES REQUIRED TO WORK