A-26662, AUGUST 19, 1930, 10 COMP. GEN. 77

A-26662, AUGUST 19, 1930, 10 COMP. GEN. 77

COMPENSATION - HOLIDAYS - NAVY YARD EMPLOYEES UNDER PUBLIC RESOLUTION NO. 99 OF JUNE 27, 1930, 46 STAT. 826, EMPLOYEES OF THE NAVY YARD, WASHINGTON, D.C., WHO WERE EXCUSED FROM WORK ON MONDAY, MARCH 4, 1929, INAUGURATION DAY, INCLUDING BOTH THOSE GRANTED LEAVE OF ABSENCE WITH PAY AND THOSE GRANTED LEAVE OF ABSENCE WITHOUT PAY, UNDER ORDER OF THE SECRETARY OF THE NAVY, DATED MARCH 2, 1929, ARE ENTITLED TO AN ADDITIONAL DAY'S PAY, BUT EMPLOYEES WHO WERE REQUIRED TO WORK ON SAID HOLIDAY ARE NOT ENTITLED TO AN ADDITIONAL DAY'S PAY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, AUGUST 19, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 5, 1930, CONCLUDING AS FOLLOWS:

YOUR DECISION IS ACCORDINGLY REQUESTED AS TO THE FOLLOWING POINTS (A) WHETHER EMPLOYEES OF THE NAVY YARD, WASHINGTON, D.C., EXCUSED FROM WORK ON INAUGURATION DAY, MARCH 4, 1929, AND CHARGED WITH ONE DAY'S ANNUAL LEAVE SO THAT THEY COULD BE PAID FOR THAT DAY, MAY NOW BE CREDITED ON THE PAY ROLLS OF SAID NAVY YARD WITH AN EXTRA DAY'S PAY, CHARGEABLE TO CURRENT APPROPRIATIONS, AND, (B), WHETHER THOSE EMPLOYEES OF THE NAVY YARD, WASHINGTON, D.C., WHO WORKED ON INAUGURATION DAY, MARCH 4, 1929, SHALL BE PAID AN EXTRA DAY'S COMPENSATION FOR THAT DAY, CHARGEABLE TO CURRENT APPROPRIATION.

ON MARCH 2, 1929, THE SECRETARY OF THE NAVY ISSUED THE FOLLOWING ORDER:

1. INAUGURATION DAY, MARCH 4, 1929, BEING A LEGAL HOLIDAY IN THE DISTRICT OF COLUMBIA UNDER THE PROVISIONS OF THE ACT OF JUNE 18, 1888, ALL CIVILIAN EMPLOYEES OF THE NAVAL ESTABLISHMENT IN THE DISTRICT OF COLUMBIA SHALL BE EXCUSED FROM DUTY ON THAT DAY, EXCEPT THOSE WHO MAY FOR SPECIAL PUBLIC REASONS BE EXCEPTED FROM THE PROVISIONS OF THIS ORDER, OR THOSE WHOSE ABSENCE FROM DUTY WOULD BE INCONSISTENT WITH THE PROVISIONS OF EXISTING LAW.

2. THE TIME OF EMPLOYEES EXCUSED UNDER THE PROVISIONS OF THIS ORDER SHALL BE CHARGED TO LEAVE WITH PAY IF ACCRUED AND DUE, OTHERWISE TO LEAVE WITHOUT PAY.

DECISION OF APRIL 23, 1929, 8 COMP. GEN. 558, HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

WHILE INAUGURATION DAY IS A LEGAL HOLIDAY IN THE DISTRICT OF COLUMBIA, IT IS NOT A HOLIDAY TO WHICH NAVY YARD EMPLOYEES ARE ENTITLED WITH PAY IN ADDITION TO THEIR 30 DAYS' LEAVE OF ABSENCE WITH PAY UNDER THE PROVISIONS OF THE ACT OF AUGUST 29, 1916, 39 STAT. 617, IN VIEW OF WHICH IT WAS LEGAL AND PROPER FOR THE SECRETARY OF THE NAVY TO EXCUSE THE EMPLOYEES ON INAUGURATION DAY, 1929, AND TO REQUIRE THE TIME TO BE CHARGED TO LEAVE WITH PAY IF ACCRUED AND DUE, OTHERWISE TO LEAVE WITHOUT PAY.

PUBLIC RESOLUTION NO. 99, DATED JUNE 27, 1930, 46 STAT. 826, PROVIDES AS FOLLOWS:

THAT THE EMPLOYEES OF THE UNITED STATES GOVERNMENT IN THE DISTRICT OF COLUMBIA AND THE EMPLOYEES OF THE DISTRICT OF COLUMBIA WHO COME WITHIN THE PROVISIONS OF THE ACT APPROVED JUNE 18, 1888, AND WHO, UNDER THE PROVISIONS OF SAID ACT, WERE EXCUSED FROM WORK ON MONDAY, MARCH 4, 1929, A HOLIDAY, SHALL BE ENTITLED TO PAY FOR SAID HOLIDAY.

YOU HAVE QUOTED FROM THE CONGRESSIONAL COMMITTEE REPORTS ON THIS RESOLUTION AND DISCUSSED THE MATTER ON THE BASIS THEREOF.

EMPLOYEES UNDER THE NAVY YARD, DISTRICT OF COLUMBIA, WOULD FALL WITHIN THE CLASSES MENTIONED IN THE PUBLIC RESOLUTION OF JUNE 27, 1930, SUPRA. IN FACT, IN VIEW OF ITS LEGISLATIVE HISTORY, APPARENTLY SUCH EMPLOYEES WERE THOSE PARTICULARLY SOUGHT TO BE BENEFITED. IT IS UNREASONABLE TO SUPPOSE THAT THE CONGRESS INTENDED TO CREATE A DISTINCTION BETWEEN EMPLOYEES WHO HAD ACCRUED LEAVE AVAILABLE FOR USE ON INAUGURATION DAY, 1929, AND THOSE EMPLOYEES WHO THEN HAD NO ACCRUED LEAVE. THE CONGRESSIONAL REPORTS WOULD SEEM TO SHOW CLEARLY THAT THE PURPOSE AND INTENT OF THE ENACTMENT WAS TO EQUALIZE THE RIGHTS OF ALL EMPLOYEES WHO "WERE EXCUSED FROM WORK ON MONDAY, MARCH 4, 1929, A HOLIDAY.'

HOWEVER, AS THE TERMS OF THE RESOLUTION ARE SPECIFICALLY LIMITED TO THOSE EMPLOYEES WHO WERE EXCUSED FROM WORK ON MARCH 4, 1929, THOSE EMPLOYEES WHO WERE REQUIRED TO WORK ON THAT DAY DO NOT COME WITHIN ITS PROVISIONS AND ARE NOT ENTITLED TO AN ADDITIONAL DAY'S PAY FOR SERVICES PERFORMED THEREON.

YOU ARE ADVISED, THEREFORE, THAT QUESTION (A) IS ANSWERED IN THE AFFIRMATIVE AND QUESTION (B) IN THE NEGATIVE.