A-54736, FEBRUARY 8, 1935, 14 COMP. GEN. 608

A-54736, FEBRUARY 8, 1935, 14 COMP. GEN. 608

COMPENSATION - 40-HOUR WEEK - GOVERNMENT PRINTING OFFICE UPON THE REESTABLISHMENT OF THE 39-HOUR WEEKLY SCHEDULE OF WORK ON SIX DAYS PER WEEK FOR THE ADMINISTRATIVE FORCE OF THE GOVERNMENT PRINTING OFFICE, THE PROVISIONS OF SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, ARE NOT APPLICABLE, BUT THE PROVISIONS OF THE SATURDAY HALF- HOLIDAY LAW OF MARCH 3, 1931, 46 STAT. 1482, AND THE DECISIONS OF THE COMPTROLLER GENERAL OF THE UNITED STATES THEREUNDER, AGAIN BECOME APPLICABLE IN COMPUTING COMPENSATION FOR SATURDAYS OR FRACTIONS THEREOF ON WHICH LEAVE WITH OR WITHOUT PAY HAS BEEN GRANTED.

COMPTROLLER GENERAL MCCARL TO THE PUBLIC PRINTER, FEBRUARY 8, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 31, 1935, AS FOLLOWS:

SECTION 23 OF PUBLIC ACT 141, 73D CONGRESS, APPROVED MARCH 28, 1934, PROVIDES:

"THE WEEKLY COMPENSATION, MINUS ANY GENERAL PERCENTAGE REDUCTION WHICH MAY BE PRESCRIBED BY ACT OF CONGRESS, FOR THE SEVERAL TRADES AND OCCUPATIONS, WHICH IS SET BY WAGE BOARDS OR OTHER WAGE-FIXING AUTHORITIES, SHALL BE REESTABLISHED AND MAINTAINED AT RATES NOT LOWER THAN NECESSARY TO RESTORE THE FULL WEEKLY EARNINGS OF SUCH EMPLOYEES IN ACCORDANCE WITH THE FULL-TIME WEEKLY EARNINGS UNDER THE RESPECTIVE WAGE SCHEDULES IN EFFECT ON JUNE 1, 1932: PROVIDED, THAT THE REGULAR HOURS OF LABOR SHALL NOT BE MORE THAN FORTY PER WEEK; AND ALL OVERTIME SHALL BE COMPENSATED FOR AT THE RATE OF NOT LESS THAN TIME AND ONE HALF.'

IN YOUR DECISION, DATED APRIL 6, 1934 (A-54736), TO THE PUBLIC PRINTER YOU HELD THAT THE 40-HOUR WEEK PROVISION APPLIES TO EMPLOYEES (INCLUDING THOSE ON AN ANNUAL BASIS) IN THE GOVERNMENT PRINTING OFFICE WHOSE COMPENSATION IS FIXED UNDER PROVISIONS OF THE ACT OF JUNE 7, 1924 (U.S.C., TITLE 44, SEC. 40).

THEREFORE, BY A FORMAL ADMINISTRATIVE ORDER, THE GOVERNMENT PRINTING OFFICE WAS CLOSED SATURDAYS TO EMPLOYEES, INCLUDING THOSE IN THE OFFICE OF THE SUPERINTENDENT OF DOCUMENTS WHO ARE UNDER THE CLASSIFICATION ACT BUT WHO WERE PREVENTED FROM PERFORMING THEIR DUTIES ON SATURDAYS BY THE CLOSING OF THE PLANT UNDER THE APPLICATION OF THE 40-HOUR LAW (SEE YOUR DECISION OF APRIL 12, 1934, A-54807).

CONGRESSIONAL WORK HAS NOW MADE IT NECESSARY TO STAGGER THE PRODUCTION FORCES IN ORDER TO HAVE A FORCE ON DUTY SATURDAY, AND ALL ADMINISTRATIVE ANNUAL EMPLOYEES WHO REGULARLY WORK FROM 9 A.M. UNTIL 4:30 P.M. ARE REQUIRED TO WORK 4 HOURS ON SATURDAYS BECAUSE THEIR SERVICES ARE NECESSARY WHEN THE PRODUCTION EMPLOYEES ARE ON DUTY, AND IT IS NOT PRACTICAL TO APPLY THE "STAGGER" PLAN TO ADMINISTRATIVE EMPLOYEES.

THOSE EMPLOYEES IN THE OFFICE OF THE SUPERINTENDENT OF DOCUMENTS WHO ARE UNDER THE CLASSIFICATION ACT WILL AT ONCE REVERT TO THE APPLICATION OF THE SATURDAY HALF-HOLIDAY LAW UNTIL SUCH TIME AS THEIR WORK IS STOPPED BY THE CLOSING OF THE GOVERNMENT PRINTING OFFICE ON SATURDAYS. A QUESTION ARISES, HOWEVER, AS TO WHETHER THE PUBLIC PRINTER SHOULD APPLY THE PROVISIONS OF THE SATURDAY HALF-HOLIDAY LAW TO THOSE ADMINISTRATIVE ANNUAL EMPLOYEES WHOSE RATES OF PAY ARE FIXED UNDER THE PROVISIONS OF THE ACT OF JUNE 7, 1924, DURING THE TIME THEY ARE REQUIRED BY ADMINISTRATIVE ORDER TO WORK FOUR HOURS ON SATURDAYS. IT WOULD SEEM THAT THE SATURDAY HALF- HOLIDAY LAW IS NOT FOR APPLICATION IN CONNECTION WITH THESE ANNUAL EMPLOYEES, WHO REGULARLY WORK FROM 9 A.M. TO 4:30 P.M., AS IT WOULD IN SOME INSTANCES RESULT IN PLACING THEM IN WHAT WOULD, IN EFFECT, BE A 42- HOUR WEEK. AN ILLUSTRATION OF THIS IS THE CASE OF AN EMPLOYEE WHO HAS WORKED 7 HOURS A DAY FOR THE FIRST 5 WORKING DAYS OF THE WEEK AND AN ADDITIONAL 3 HOURS--- 9 TO 12- - ON SATURDAY MORNING AND IS THEN GRANTED LEAVE WITHOUT PAY FROM 12 TO 1, WHICH COMPLETES HIS WEEKLY WORK PERIOD. UNDER THE SATURDAY HALF HOLIDAY LAW, THIS EMPLOYEE WOULD BE CHARGED WITH 4 HOURS' LEAVE WITHOUT PAY FOR SATURDAY. THIS IN EFFECT, AT LEAST FOR PAY PURPOSES, SETS UP A 42-HOUR WEEK, WHICH WOULD SEEM TO BE PROHIBITED BY THE PROVISIONS OF THE ACT OF MARCH 28, 1934, LIMITING THE HOURS TO NOT MORE THAN 40 A WEEK.

YOUR DECISION IS RESPECTFULLY REQUESTED ON THIS QUESTION.

SHOULD YOUR DECISION BE THAT IT IS NOT LEGAL AND PROPER TO SO APPLY THE SATURDAY HALF-HOLIDAY LAW, YOUR ADVICE IS THEN REQUESTED ON THE FOLLOWING POINTS:

1. IF AN ANNUAL EMPLOYEE WORKS OR IS ON LEAVE WITH PAY 4 HOURS ON SATURDAY, HOW MUCH TIME SHOULD BE GIVEN FOR THAT DAY? WHAT NOTATION, IF ANY, IS REQUIRED ON PAY ROLL AS TO HOURS ATURDAY? WOULD HE BE IN A PAY STATUS FOR SUNDAY WHETHER OR NOT HE REPORTED AT THE BEGINNING OF WORK THE FOLLOWING MONDAY?

2. IF AN ANNUAL EMPLOYEE IS EXCUSED TWO HOURS WITHOUT PAY--- 9 TO 11--- SATURDAY MORNING, AND WORKS 2 HOURS--- 11 TO 1--- HOW MUCH TIME IS HE TO BE GIVEN FOR THAT DAY? WHAT NOTATION IS REQUIRED ON PAY ROLL AS TO HOURS ON SATURDAY? WOULD HE BE ENTITLED TO PAY FOR SUNDAY WHETHER OR NOT HE REPORTED AT THE BEGINNING OF WORK MONDAY?

3. IF AN ANNUAL EMPLOYEE WORKS THE FIRST 3 HOURS ON SATURDAY AND IS THEN EXCUSED THE LAST WORK HOUR WITHOUT PAY, HOW MUCH TIME IS HE TO BE GIVEN FOR THAT DAY? WHAT NOTATION IS REQUIRED ON PAY ROLL AS TO THE HOURS ON SATURDAY? WOULD HE BE ENTITLED TO PAY FOR SUNDAY SHOULD HE NOT REPORT AT THE BEGINNING OF WORK ON MONDAY.

4. IF AN ANNUAL EMPLOYEE IS EXCUSED FOUR HOURS WITHOUT PAY ON SATURDAY, HOW MUCH TIME, IF ANY, IS HE TO BE GIVEN FOR THAT DAY? WHAT NOTATION IS REQUIRED ON PAY ROLL AS TO HOURS ON SATURDAY? WOULD HE BE ENTITLED TO PAY FOR SUNDAY SHOULD HE NOT REPORT AT THE BEGINNING OF WORK ON MONDAY?

IN DECISION OF APRIL 6, 1934, TO THE PUBLIC PRINTER, 13 COMP. GEN. 265, 269, QUESTION 4 WAS STATED AND ANSWERED AS FOLLOWS:

4. DOES THE PROVISION OF SECTION 23 FIXING THE REGULAR HOURS OF LABOR AT NOT MORE THAN 40 PER WEEK APPLY TO ALL EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE; OR IS THE SATURDAY HALF-HOLIDAY LAW STILL IN EFFECT AS TO CERTAIN EMPLOYEES, AND IF SO, TO WHAT CLASSES OR GROUPS?

IN CONSIDERATION OF THIS QUESTION, YOUR ATTENTION IS INVITED TO THE FACT THAT THE GOVERNMENT PRINTING OFFICE IS ESSENTIALLY AND ALMOST EXCLUSIVELY A MANUFACTURING ESTABLISHMENT AND THAT ALL OF ITS WORK IS SO INTERRELATED AND EACH OPERATION SO DEPENDENT UPON ANOTHER THAT IT WOULD BE EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO FIX DIFFERENT HOURS OF LABOR PER WEEK FOR VARIOUS GROUPS.

FURTHERMORE, NEARLY ALL THE SUPERVISORS ARE PAID ANNUAL SALARIES AS FIXED BY THE PUBLIC PRINTER, AND, IF IT WERE HELD THAT THE 40-HOUR WEEK DOES NOT APPLY TO THEM, THESE SUPERVISORS WOULD BE REQUIRED TO WORK 44 HOURS PER WEEK AND CONSEQUENTLY WOULD HAVE NO EMPLOYEES TO SUPERVISE FOR FOUR HOURS A WEEK UNLESS EMPLOYEES ON THE 40-HOUR WEEK COULD BE ROTATED. THIS MIGHT RESULT IN SERIOUS LOSS OF PRODUCTION AND WASTE OF FUNDS. I AM OF THE OPINION, THEREFORE, THAT THE ONLY PRACTICAL METHOD OF OPERATING THE GOVERNMENT PRINTING OFFICE IS TO APPLY THE 40-HOUR WEEK ALIKE TO EMPLOYEES ON HOURLY RATES AND ANNUAL SALARIES.

IN ANSWER TO QUESTION 4, YOU ARE ADVISED THAT THE REGULAR HOURS OF LABOR FOR ALL EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE EXCEPT THOSE EMPLOYEES IN THE OFFICE OF THE SUPERINTENDENT OF DOCUMENTS WHOSE COMPENSATION IS SPECIFICALLY MADE SUBJECT TO THE CLASSIFICATION ACT, ARE REQUIRED TO BE FIXED AT NOT MORE THAN 40 HOURS PER WEEK. IF THE 40 HOURS ARE DISTRIBUTED OVER 5 DAYS OF THE WEEK ONLY, THE SATURDAY HALF-HOLIDAY LAW BECOMES INOPERATIVE AND THE ADMINISTRATION OFFICE MAY, DUE TO THE EXIGENCIES OF THE SERVICE, INCLUDE SATURDAY AS ONE OF THE 5 WORKING DAYS OF THE WEEK EITHER AS TO INDIVIDUAL EMPLOYEES, GROUPS OF EMPLOYEES, OR THE ENTIRE FORCE. 13 COMP. GEN. 57.

BASED ON THE STATEMENT OF FACTS AND CONDITIONS AS THEN SUBMITTED BY THE PUBLIC PRINTER, IT WAS HELD THAT ALL ADMINISTRATIVE EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE PROPER, THAT IS, EXCEPTING EMPLOYEES IN THE OFFICE OF THE SUPERINTENDENT OF DOCUMENTS, MIGHT PROPERLY BE BROUGHT WITHIN THE PROVISIONS OF THE 40-HOUR WEEK STATUTORY PROVISION, AND THAT THE SATURDAY HALF-HOLIDAY LAW WOULD NOT APPLY TO THEM IF THE MAXIMUM OF 40 HOURS PER WEEK WERE DISTRIBUTED OVER 5 DAYS ONLY. THE QUOTED DECISION WAS RENDERED ON THE BASIS OF THE FACTS AND CONDITIONS AS THEN SUBMITTED AND WITH THE UNDERSTANDING THAT THE ADMINISTRATIVE FORCE OF THE GOVERNMENT PRINTING OFFICE PROPER, WHO ARE PAID ON AN ANNUAL BASIS, WOULD WORK THE SAME HOURS AND DURING THE SAME TIME AS THE MECHANICAL FORCE AND ON A 5-DAY WEEK BASIS. IT WAS CONCLUDED IN SAID DECISION AND SUBSEQUENT DECISIONS THAT THE HOURS OF WORK OF ADMINISTRATIVE EMPLOYEES PAID ON AN ANNUAL BASIS WHOSE DUTIES DEPEND ON, AND ARE CLOSELY CONNECTED WITH, A MECHANICAL FORCE, MIGHT BE READJUSTED TO COINCIDE WITH THE 40-HOUR SCHEDULE ON 5 DAYS PER WEEK FIXED FOR THE MECHANICAL FORCE UNDER THE STATUTE, WITHOUT REGARD TO THE SATURDAY HALF-HOLIDAY LAW. THERE WAS NO INTENTION TO HOLD, AND IT MAY NOT BE HELD, THAT THE 40-HOUR WEEK STATUTORY PROVISION IS OTHERWISE APPLICABLE TO AN ADMINISTRATIVE FORCE WHOSE POSITIONS ARE NOT IN THE "SEVERAL TRADES AND OCCUPATIONS" WITHIN THE MEANING OF SAID STATUTE.

IT IS NOW DISCLOSED THAT THE ADMINISTRATIVE FORCE OF THE GOVERNMENT PRINTING OFFICE PROPER PAID ON AN ANNUAL BASIS, OTHER THAN SUPERVISORS, ARE NOT REQUIRED TO WORK AND DO NOT WORK EXACTLY THE SAME HOURS AS THE MECHANICAL FORCE, BUT THAT THE 39-HOUR WEEKLY SCHEDULE OF 7 HOURS FOR 5 DAYS AND 4 HOURS ON SATURDAYS HAS BEEN OR WILL BE REESTABLISHED IN ORDER THAT THERE WILL BE AN ADMINISTRATIVE FORCE ON DUTY ON EACH OF THE 6 WORKING DAYS OF THE WEEK. ON THIS BASIS THIS CLASS OF EMPLOYEES WILL NOT BE AFFECTED BY THE 40-HOUR WEEK LAW AND AS TO THEM THE PROVISIONS OF THE SATURDAY HALF-HOLIDAY LAW OF MARCH 3, 1931, 46 STAT. 1482, AND THE DECISIONS OF THIS OFFICE THEREUNDER, AGAIN BECOME APPLICABLE IN COMPUTING COMPENSATION FOR SATURDAYS OR FRACTIONS THEREOF ON WHICH LEAVE WITH OR WITHOUT PAY HAS BEEN GRANTED. SEE 11 COMP. GEN. 119; ID. 129; ID. 216; ID. 304.