A-71902, MARCH 12, 1936, 15 COMP. GEN. 788

A-71902, MARCH 12, 1936, 15 COMP. GEN. 788

RAILWAY POSTAL CLERKS - OVERTIME COMPENSATION THE ACT OF AUGUST 14, 1935, 49 STAT. 650, HAVING REDUCED TO 6 HOURS 40 MINUTES THE LENGTH OF THE WORK DAY OF RAILWAY POSTAL CLERKS ASSIGNED TO ROAD DUTY, THE RULE STATED IN 1 COMP. GEN. 496, WITH RESPECT TO COMPUTATION OF OVERTIME COMPENSATION, IS FOR APPLICATION ON THE BASIS OF THE NUMBER OF HOURS' WORK A DAY NOW REQUIRED OF SUCH EMPLOYEES.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE POSTMASTER GENERAL, MARCH 12, 1936:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF FEBRUARY 28, 1936, AS FOLLOWS:

THE ATTENTION OF THE DEPARTMENT HAS BEEN CALLED TO YOUR LETTER OF FEBRUARY 4, ADDRESSED TO HON. JAMES M. MEAD, HOUSE OF REPRESENTATIVES, RELATIVE TO THE PROPER BASIS OF OVERTIME PAY FOR RAILWAY POSTAL CLERKS ASSIGNED TO ROAD DUTY. I HAVE NOTED YOUR INTIMATION THAT THE EXISTING PRACTICE OF ADJUSTING FOR OVERTIME BY DIVIDING THE TOTAL HOURS TO THE CREDIT OF A CLERK BY EIGHT IN ORDER TO DETERMINE THE NUMBER OF DAYS FOR WHICH HE SHOULD BE PAID MAY BE SUBJECT TO MODIFICATION BY REASON OF THE PROVISIONS OF THE ACT OF AUGUST 14, 1935, FIXING "AN AVERAGE OF NOT EXCEEDING 6 HOURS AND 40 MINUTES" AS THE LENGTH OF A WORK DAY FOR SUCH EMPLOYEES.

REQUEST IS ACCORDINGLY MADE FOR A DECISION ON THE QUESTION WHETHER THE EXISTING PRACTICE OF THE DEPARTMENT BASED ON YOUR DECISION OF MARCH 11, 1922, SHOULD BE ALTERED TO CONFORM TO THE REQUIREMENTS OF LEGISLATION ENACTED SINCE THAT TIME.

THE REFERRED-TO DECISION OF MARCH 11, 1922, REPORTED IN 1 COMP. GEN. 496, STATED THE RULE FOR APPLICATION OF THE PROVISIONS OF THE ACT OF JUNE 5, 1920, 41 STAT. 1051, WITH RESPECT TO COMPUTATION OF OVERTIME COMPENSATION OF RAILWAY POSTAL CLERKS ASSIGNED TO ROAD DUTY. THE TOUR OF DUTY UNDER SAID STATUTE WAS FIXED AT "AN AVERAGE NOT EXCEEDING 8 HOURS.' HOWEVER, IN THE ACT OF AUGUST 14, 1935, 49 STAT. 650, MENTIONED IN YOUR SUBMISSION, THE LENGTH OF THE WORK DAY FOR SUCH EMPLOYEES WAS FIXED AT "AN AVERAGE OF NOT EXCEEDING 6 HOURS AND 40 MINUTES," THE STATUTE IN THIS PARTICULAR READING AS FOLLOWS:

* * * AND PROVIDED FURTHER, THAT FOR THE PURPOSE OF EXTENDING THE BENEFITS OF THIS ACT TO RAILWAY POSTAL CLERKS THE SERVICE OF SAID RAILWAY POSTAL CLERKS ASSIGNED TO ROAD DUTY SHALL BE BASED ON AN AVERAGE NOT EXCEEDING 6 HOURS AND 40 MINUTES PER DAY FOR THREE HUNDRED AND SIX DAYS PER ANNUM, INCLUDING A PROPER ALLOWANCE FOR ALL SERVICE REQUIRED ON LAY- OFF PERIODS AS PROVIDED IN POST OFFICE DEPARTMENT CIRCULAR LETTER NUMBERED 1348, DATED MAY 12, 1921; AND RAILWAY POSTAL CLERKS REQUIRED TO PERFORM SERVICE IN EXCESS OF SIX HOURS AND FORTY MINUTES DAILY, AS HEREIN PROVIDED, SHALL BE PAID IN CASH AT THE ANNUAL RATE OF PAY OR GRANTED COMPENSATORY TIME, AT THEIR OPTION, FOR SUCH OVERTIME.

THUS, A DAY OF 6 HOURS AND 40 MINUTES APPEARS THE ONLY PROPER BASIS FOR COMPUTING OVERTIME COMPENSATION FOR THE CLASS OF EMPLOYEES THEREIN INVOLVED.

ANSWERING YOUR QUESTION SPECIFICALLY, THEREFORE, YOU ARE ADVISED THAT SINCE THE HOURS OF DUTY FOR RAILWAY POSTAL EMPLOYEES ON ROAD WORK ARE NO LONGER 8 HOURS PER DAY, BUT 6 HOURS AND 40 MINUTES INSTEAD, THE EXISTING PRACTICE OF THE DEPARTMENT BASED ON THE DECISION OF THIS OFFICE DATED MARCH 11, 1922, WHICH CONSTRUED THE 8-HOUR DAY STATUTE OF 1920, SHOULD BE ALTERED TO ACCORD WITH THE REQUIREMENTS OF THE ACT OF AUGUST 14, 1935, SUPRA--- THAT IS TO SAY, WHILE THE RULE STATED IN THE DECISION OF MARCH 11, 1922, FOR COMPUTING THE ADJUSTMENT FOR OVERTIME REMAINS THE SAME, THE DIVISOR PROPER FOR USE IN THE APPLICATION OF THE RULE IS NOW 6 2/3 (6 HOURS AND 40 MINUTES) INSTEAD OF 8.