B-172920, AUG 11, 1971
Highlights
WHO WORK ON REGULAR ROTATING SHIFTS AND WHOSE WORK IS DESCRIBED AS "ESSENTIAL TO THE CONTINUOUS AND SAFE FLOW OF AIR TRAFFIC. CLAIMANTS CONTEND THAT THEY WERE WRONGFULLY DEPRIVED OF PREMIUM PAY BY BEING FORCED TO OBSERVE THE LEGAL HOLIDAYS. THE CLAIMS ARE DENIED. : THIS WILL REFER TO YOUR LETTER OF MAY 6. ON BEHALF OF FIVE EMPLOYEES OF THE FEDERAL AVIATION ADMINISTRATION WHOSE WORK IS DESCRIBED AS BEING "ESSENTIAL TO THE CONTINUOUS AND SAFE FLOW OF AIR TRAFFIC.". THE CLAIMS PRESENTED BY YOUR LETTER ARE ESSENTIALLY FOR HOLIDAY PREMIUM PAY ALLOWABLE UNDER SECTION 5546 OF TITLE 5. ADMINISTRATIVE ORDERS WERE GIVEN BY THE FLIGHT SERVICE STATION. IT IS THEIR VIEW THAT THE REQUIREMENT THAT THE HOLIDAYS BE OBSERVED RATHER THAN WORKED RESULTED IN AN ILLEGAL DEPRIVATION OF THEIR ENTITLEMENT TO PREMIUM PAY.
B-172920, AUG 11, 1971
CIVILIAN EMPLOYEES - HOLIDAY PREMIUM PAY - ENTITLEMENT CONCERNING CLAIMS OF CERTAIN EMPLOYEES OF THE FAA, WHO WORK ON REGULAR ROTATING SHIFTS AND WHOSE WORK IS DESCRIBED AS "ESSENTIAL TO THE CONTINUOUS AND SAFE FLOW OF AIR TRAFFIC," FOR HOLIDAY PREMIUM PAY FOR THE HOLIDAYS OF 1970. CLAIMANTS CONTEND THAT THEY WERE WRONGFULLY DEPRIVED OF PREMIUM PAY BY BEING FORCED TO OBSERVE THE LEGAL HOLIDAYS, OR DAYS IN LIEU OF THE HOLIDAYS, AND SHOULD BE COMPENSATED FOR THIS, REGARDLESS OF THE FACT THEY DID NOT WORK. NO LAW OR REGULATION EXISTS WHICH WOULD REQUIRE AN AGENCY TO WORK EMPLOYEES ON A HOLIDAY JUST BECAUSE THEIR WEEKLY SCHEDULE OF WORK INCLUDED SUCH HOLIDAYS; THEREFORE, THE CLAIMS ARE DENIED.
TO MR. WILLIAM F. CARR,:
THIS WILL REFER TO YOUR LETTER OF MAY 6, 1971, ON BEHALF OF FIVE EMPLOYEES OF THE FEDERAL AVIATION ADMINISTRATION WHOSE WORK IS DESCRIBED AS BEING "ESSENTIAL TO THE CONTINUOUS AND SAFE FLOW OF AIR TRAFFIC." YOU SAY THEY WORK ON A REGULARLY SCHEDULED ROTATING SHIFT, POSTED 15 TO 30 DAYS IN ADVANCE, UNDER CONDITIONS REQUIRING CONTINUOUS YEAR-ROUND COVERAGE OF THEIR DUTIES.
THE CLAIMS PRESENTED BY YOUR LETTER ARE ESSENTIALLY FOR HOLIDAY PREMIUM PAY ALLOWABLE UNDER SECTION 5546 OF TITLE 5, U.S.C. FOR LEGAL HOLIDAYS OCCURRING DURING 1970 ON WHICH THE EMPLOYEES IN QUESTION PERFORMED NO WORK. APPARENTLY, CONTRARY TO THEIR PREFERENCE IN THE MATTER, ADMINISTRATIVE ORDERS WERE GIVEN BY THE FLIGHT SERVICE STATION, SPRINGFIELD, MISSOURI, THAT THE EMPLOYEES OBSERVE CERTAIN HOLIDAYS OR DAYS IN LIEU OF HOLIDAYS DESIGNATED AS SUCH ACCORDING TO THE CIRCUMSTANCES OF THEIR WORK SCHEDULES. IT IS THEIR VIEW THAT THE REQUIREMENT THAT THE HOLIDAYS BE OBSERVED RATHER THAN WORKED RESULTED IN AN ILLEGAL DEPRIVATION OF THEIR ENTITLEMENT TO PREMIUM PAY.
WE ARE NOT AWARE OF ANY LAW OR REGULATION WHICH WOULD REQUIRE AN AGENCY TO WORK EMPLOYEES ON A HOLIDAY WHEN THEIR WEEKLY SCHEDULES OF WORK INCLUDE SUCH A HOLIDAY. COMPARE THE PROVISIONS OF 5 U.S.C. 6101 PERTAINING TO FIXING THE HOURS OF WORK OF EMPLOYEES OTHERWISE SUBJECT THERETO.
IT WOULD APPEAR THAT THE PURPOSE OF ESTABLISHING HOLIDAYS SUCH AS SET FORTH IN 5 U.S.C. 6103 IS TO GIVE EMPLOYEES THE BENEFIT OF TIME OFF ON SUCH DAYS WITHOUT LOSS OF REGULAR COMPENSATION AND NOT TO ESTABLISH AN ADDITIONAL FORM OF COMPENSATION REPRESENTED BY PREMIUM PAY FOR HOLIDAYS WORKED. SEE STATEMENTS ON PAGE 2, HOUSE REPORT NO. 362 ON H. R. 5752, 86TH CONGRESS, AND PAGE 1, SENATE REPORT NO. 830 ON THE SAME BILL, WHICH WAS ENACTED AS PUBLIC LAW 362, 86TH CONGRESS, SEPTEMBER 22, 1959, AND ESTABLISHED THE OBSERVANCE ON FRIDAY OF HOLIDAYS FALLING ON SATURDAY AND IN-LIEU HOLIDAYS FOR EMPLOYEES HAVING TOURS OF DUTY OTHER THAN MONDAY THROUGH FRIDAY. ALSO, SEE PAGE 2, HOUSE REPORT NO. 1280, 90TH CONGRESS, ON H. R. 15951 AND PAGES 1 AND 2, SENATE REPORT NO. 1293 ON THE SAME BILL, WHICH WAS ENACTED AS PUBLIC LAW 90-363, JUNE 28, 1968, AND ESTABLISHED AN ADDITIONAL HOLIDAY (COLUMBUS DAY) AND PROVIDED THAT FIVE OUT OF THE NINE LEGAL HOLIDAYS WILL BE CELEBRATED ON MONDAY.
IN VIEW OF THE ABOVE, WE FIND NO BASIS FOR APPROVING THE CLAIMS YOU HAVE PRESENTED.