B-143191, JUN. 29, 1960

B-143191: Jun 29, 1960

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ARGO WAS INFORMATIONAL ONLY AND WE FURNISHED HIM A COPY OF OUR DECISION FOR HIS GUIDANCE AND CONSIDERATION. UPON THE PRESUMPTION THAT HE HELD A POSITION FOR WHICH HOLIDAY PAY WAS AUTHORIZED FOR WORK ON JULY 3. ARGO DID NOT SAY IN HIS LETTER THAT HE WAS A POSTAL FIELD SERVICE EMPLOYEE. SINCE HE WAS A POSTAL FIELD SERVICE CLERK BELOW SALARY LEVEL PFS-7. AS COMPENSATORY TIME OFF WAS GRANTED HIM IN ACCORDANCE THEREWITH. WE CONCUR IN YOUR VIEW THAT PREMIUM PAY IS NOT AUTHORIZED FOR THE WORK HE PERFORMED ON JULY 3.

B-143191, JUN. 29, 1960

TO THE POSTMASTER GENERAL:

YOUR LETTER OF JUNE 10, 1960, REFERENCE 800, DIRECTS OUR ATTENTION TO A LETTER DATED MARCH 14, 1960, FROM A REPRESENTATIVE OF OUR OFFICE, TO MR. ROBERT Q. ARGO, IN RESPONSE TO HIS PRIVATE INQUIRY IN WHICH HE REFERRED TO OUR DECISION, B-141222, NOVEMBER 23, 1959 (39 COMP. GEN. 393), CONCERNING HOLIDAY COMPENSATION BENEFITS RESULTING FROM PUBLIC LAW 86-362, 73 STAT. 643, FOR WORK PERFORMED ON JULY 3, 1959.

OUR LETTER TO MR. ARGO WAS INFORMATIONAL ONLY AND WE FURNISHED HIM A COPY OF OUR DECISION FOR HIS GUIDANCE AND CONSIDERATION, UPON THE PRESUMPTION THAT HE HELD A POSITION FOR WHICH HOLIDAY PAY WAS AUTHORIZED FOR WORK ON JULY 3. MR. ARGO DID NOT SAY IN HIS LETTER THAT HE WAS A POSTAL FIELD SERVICE EMPLOYEE.

SINCE HE WAS A POSTAL FIELD SERVICE CLERK BELOW SALARY LEVEL PFS-7, THE PROVISIONS OF SECTION 603 (3) OF PUBLIC LAW 68, 69 STAT. 126, 39 U.S.C. 1003 (3) GOVERNED, THE EMPLOYEE NOT BEING UNDER THE EXCEPTIONS REFERRED TO IN 39 U.S.C. 1005. AS YOU SAY, SECTION 603 (3) PROVIDES THAT THE EMPLOYEES COVERED THEREUNDER MAY BE GRANTED EITHER COMPENSATORY TIME WITHIN THIRTY WORKING DAYS, OR BE PAID PREMIUM COMPENSATION. THEREFORE, AS COMPENSATORY TIME OFF WAS GRANTED HIM IN ACCORDANCE THEREWITH, WE CONCUR IN YOUR VIEW THAT PREMIUM PAY IS NOT AUTHORIZED FOR THE WORK HE PERFORMED ON JULY 3, 1959. LIKEWISE, NO PREMIUM PAY IS DUE OTHER POSTAL FIELD SERVICE EMPLOYEES IN OR BELOW SALARY LEVEL PFS-7 WHO WORKED ON JULY 3, 1959, AND WHO ARE ENTITLED TO AND RECEIVED ..END :

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