A-54736, APRIL 6, 1934, 13 COMP. GEN. 265

A-54736, APRIL 6, 1934, 13 COMP. GEN. 265

COMPENSATION - 40-HOUR WEEK - GOVERNMENT PRINTING OFFICE THE AUTHORITY VESTED BY THE ACT OF JUNE 7, 1924, 43 STAT. 658, IN THE PUBLIC PRINTER AND THE JOINT COMMITTEE ON PRINTING IS ONE OF THE "OTHER WAGE-FIXING AUTHORITIES" WITHIN THE MEANING OF SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, ESTABLISHING A MAXIMUM OF 40 HOURS PER WEEK, WHICH IS APPLICABLE TO ALL EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE, INCLUDING SUPERVISORY AND ADMINISTRATIVE EMPLOYEES, WHOSE COMPENSATION HAS BEEN SUBJECT TO ADJUSTMENT PURSUANT TO THE ACT OF JUNE 7, 1924. THE REGULAR WEEKLY COMPENSATION OF EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WITHIN THE TERMS OF SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, FOR 40 HOURS IS REQUIRED TO BE NOT LOWER THAN THAT PAID FOR 48 HOURS PER WEEK AS OF JUNE 1, 1932. THE HOURLY COMPENSATION ON THE 40-HOUR -PER-WEEK BASIS IS ARRIVED AT BY DIVIDING 48 TIMES THE HOURLY RATE PAID AS OF JUNE 1, 1932, BY 40, LESS THE PERCENTAGE REDUCTION. WHILE THE REGULAR HOURS OF WORK OF A PER ANNUM EMPLOYEE WITHIN THE TERMS OF SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, ARE REQUIRED TO BE FIXED AT NOT TO EXCEED 40 HOURS PER WEEK, WHEREAS THE REGULAR HOURS PREVIOUSLY MAY HAVE BEEN 44 OR 48 PER WEEK, THE RATE OF COMPENSATION SHOULD REMAIN ON THE SAME ANNUAL BASIS, THE ONLY ADJUSTMENT, IF ANY, REQUIRED BEING THAT NECESSARY TO PAY AN ANNUAL RATE NOT LOWER THAN THAT RECEIVED JUNE 1, 1932, FOR THE SAME DUTIES, LESS THE PERCENTAGE REDUCTION. IF THE MAXIMUM 40 HOURS OF LABOR PER WEEK REQUIRED BY THE ACT OF MARCH 28, 1934, 48 STAT. 522, ARE DISTRIBUTED OVER 5 DAYS OF THE WEEK ONLY, THE SATURDAY HALF HOLIDAY BECOMES INOPERATIVE, AND THE ADMINISTRATIVE 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. OVERTIME COMPENSATION AT THE GOVERNMENT PRINTING OFFICE COMPUTED UNDER THE TERMS OF SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, IS REQUIRED TO BE ON A WEEKLY BASIS ONLY--- I.E., FOR WORK IN EXCESS OF 40 HOURS PER WEEK--- AND NO LONGER ON A DAILY BASIS. EMPLOYEES PAID ON AN ANNUAL BASIS WHO MAY BE REQUIRED TO WORK MORE THAN 40 HOURS PER WEEK ARE NOT ENTITLED TO OVERTIME COMPENSATION. SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, ESTABLISHING A MAXIMUM OF 40 HOURS OF LABOR PER WEEK, IS EFFECTIVE FROM AND AFTER THE DATE OF THE ACT.

COMPTROLLER GENERAL MCCARL TO THE PUBLIC PRINTER, APRIL 6, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 3, 1934, AS FOLLOWS:

YOUR DECISION IS REQUESTED ON THE FOLLOWING QUESTIONS ARISING IN CONNECTION WITH INDEPENDENT OFFICES APPROPRIATION ACT, 1935, WHICH PROVIDES IN SECTION 23---

"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.'

1. THE ACT OF JUNE 7, 1924 (SECTION 40, TITLE 44, U.S.C., P. 1417), AUTHORIZES THE PUBLIC PRINTER TO EMPLOY SUCH JOURNEYMEN, APPRENTICES, LABORERS AND OTHER PERSONS AS MAY BE NECESSARY FOR THE WORK OF THE GOVERNMENT PRINTING OFFICE AT SUCH RATES OF WAGES, SALARIES, AND COMPENSATION AS HE MAY DEEM FOR THE INTEREST OF THE GOVERNMENT AND JUST TO THE PERSONS EMPLOYED, AND ALSO PROVIDES FOR NEGOTIATIONS WITH COMMITTEES OF THE TRADES AFFECTED AND FINAL APPROVAL BY THE JOINT COMMITTEE ON PRINTING. DOES THIS ACT CONSTITUTE THE PUBLIC PRINTER A WAGE-FIXING AUTHORITY WITHIN THE MEANING OF SECTION 23 OF THE INDEPENDENT OFFICES APPROPRIATION ACT FOR 1935?

2. DOES THE ABOVE SECTION 23 APPLY TO ALL TRADES AND OCCUPATIONS IN THE GOVERNMENT PRINTING OFFICE WHOSE HOURLY OR ANNUAL RATES OF WAGES OR SALARIES ARE FIXED BY THE PUBLIC PRINTER AS AUTHORIZED BY THE ACT OF JUNE 7, 1924?

3. WHAT IS THE "WEEKLY COMPENSATION, MINUS ANY GENERAL PERCENTAGE REDUCTION WHICH MAY BE PRESCRIBED BY ACT OF CONGRESS," WHICH IS TO 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," FOR AN EMPLOYEE WHO WAS THEN COMPENSATED AT THE RATE OF $1.00 PER HOUR OR AT A SALARY OF $2,400 PER NNUM; HOW SHALL THE COMPENSATION OF SUCH AN EMPLOYEE BE COMPUTED?

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.

5. IS THE PROVISION OF SECTION 23 FIXING THE REGULAR HOURS OF LABOR AT NOT MORE THAN 40 PER WEEK TO BE APPLIED IN ACCORDANCE WITH SECTION 40, TITLE 44, U.S.C. (P. 1417), DIRECTING THE PUBLIC PRINTER TO ENFORCE THE EIGHT HOUR LAW IN THE GOVERNMENT PRINTING OFFICE? IF SO, SHALL OVERTIME IN EXCESS OF EIGHT HOURS IN ANY ONE DAY BE COMPENSATED AT THE RATE OF NOT LESS THAN TIME AND ONE HALF WITHOUT REGARD TO WHETHER THE EMPLOYEE ACTUALLY WORKS 40 HOURS OR LESS IN ANY ONE WEEK?

6. DO THE PROVISIONS OF SECTION 23 FOR OVERTIME COMPENSATION APPLY TO EMPLOYEES ON ANNUAL SALARIES AS WELL AS TO THOSE ON HOURLY RATES?

7. IF AN EMPLOYEE WHOSE BASIC RATE OF PAY IS $1.00 PER HOUR, OR $48.00 PER WEEK, WORKS 40 HOURS A WEEK, IS HIS BASIC RATE TO BE COMPUTED ON A PRO RATA RATE OF $1.20 PER HOUR? IF SO, IS OVERTIME TO BE PAID AT PRO RATA RATE PLUS 50 PERCENT?

8. WHEN DOES SECTION 23 BECOME EFFECTIVE?

THE ACT OF JUNE 7, 1924, 43 STAT. 658, PROVIDES AS FOLLOWS:

THAT ON AND AFTER JULY 1, 1924, THE PUBLIC PRINTER MAY EMPLOY, AT SUCH RATES OF WAGES AND SALARIES, INCLUDING COMPENSATION FOR NIGHT AND OVERTIME WORK, AS HE MAY DEEM FOR THE INTEREST OF THE GOVERNMENT AND JUST TO THE PERSONS EMPLOYED, EXCEPT AS OTHERWISE PROVIDED HEREIN, SUCH JOURNEYMEN, APPRENTICES, LABORERS, AND OTHER PERSONS AS MAY BE NECESSARY FOR THE WORK OF THE GOVERNMENT PRINTING OFFICE; BUT HE SHALL NOT, AT ANY TIME, EMPLOY MORE PERSONS THAN THE NECESSITIES OF THE PUBLIC WORK MAY REQUIRE OR MORE THAN TWO HUNDRED APPRENTICES AT ANY ONE TIME: PROVIDED, THAT ON AND AFTER JULY 1, 1924, THE MINIMUM PAY OF ALL JOURNEYMEN PRINTERS, PRESSMEN, AND BOOKBINDERS EMPLOYED IN THE GOVERNMENT PRINTING OFFICE SHALL BE AT THE RATE OF 90 CENTS AN HOUR FOR THE TIME ACTUALLY EMPLOYED:PROVIDED FURTHER, THAT EXCEPT AS HEREINBEFORE PROVIDED, THE RATES OF WAGES, INCLUDING COMPENSATION FOR NIGHT AND OVERTIME WORK, FOR MORE THAN TEN EMPLOYEES OF THE SAME OCCUPATION SHALL BE DETERMINED BY A CONFERENCE BETWEEN THE PUBLIC PRINTER AND A COMMITTEE SELECTED BY THE TRADES AFFECTED, AND THE RATES AND COMPENSATION SO AGREED UPON SHALL BECOME EFFECTIVE UPON APPROVAL BY THE JOINT COMMITTEE ON PRINTING; IF THE PUBLIC PRINTER AND THE COMMITTEE REPRESENTING ANY TRADE FAIL TO AGREE AS TO WAGES, SALARIES, AND COMPENSATION EITHER PARTY IS HEREBY GRANTED THE RIGHT OF APPEAL TO THE JOINT COMMITTEE ON PRINTING, AND THE DECISION OF SAID COMMITTEE SHALL BE FINAL; THE WAGES, SALARIES, AND COMPENSATION DETERMINED AS PROVIDED HEREIN SHALL NOT BE SUBJECT TO CHANGE OFTENER THAN ONCE A YEAR THEREAFTER: PROVIDED FURTHER, THAT EMPLOYEES AND OFFICERS OF THE GOVERNMENT PRINTING OFFICE, UNLESS OTHERWISE HEREIN FIXED SHALL CONTINUE TO BE PAID AT THE RATES OF WAGES, SALARIES, AND COMPENSATION (INCLUDING NIGHT RATE) NOW AUTHORIZED BY LAW UNTIL SUCH TIME AS THEIR WAGES, SALARIES, AND COMPENSATION SHALL BE DETERMINED AS HEREINBEFORE PROVIDED.

SEC. 2. ALL ACTS OR PARTS OF ACTS IN CONFLICT WITH THE PROVISIONS OF THIS ACT ARE HEREBY REPEALED.

IN SECTION 23 OF THE INDEPENDENT OFFICES APPROPRIATION ACT FOR 1935, ENACTED MARCH 28, 1934, 48 STAT. 522, THERE ARE USED THE TERMS "WAGE BOARDS OR OTHER WAGE-FIXING AUTHORITIES" SHOWING CLEARLY THAT THE STATUTE WAS INTENDED TO APPLY NOT ONLY TO EMPLOYEES OF THE CLASSES INCLUDED WHOSE COMPENSATION IS AUTHORIZED BY LAW TO BE FIXED BY WAGE BOARDS, BUT, ALSO, TO EMPLOYEES WHOSE COMPENSATION IS AUTHORIZED TO BE FIXED ADMINISTRATIVELY UNDER A PROCEDURE SIMILAR TO THAT FOLLOWED BY WAGE BOARDS, THAT IS, WITH REFERENCE TO WAGES, ETC., PAID TO SIMILAR CLASSES IN COMMERCIAL INDUSTRY RATHER THAN WITH REFERENCE TO SALARY RATES OR SCHEDULES OF RATES SPECIFICALLY FIXED BY OR PURSUANT TO STATUTE. THEREFORE, THE AUTHORITY VESTED IN THE PUBLIC PRINTER AND THE JOINT COMMITTEE ON PRINTING BY THE TERMS OF THE ACT OF JUNE 7, 1924, SUPRA, MUST BE REGARDED AS ONE OF THE "OTHER WAGE-FIXING AUTHORITIES" WITHIN THE MEANING OF SECTION 23 OF THE ACT OF MARCH 28, 1934, SUPRA. QUESTION 1 IS ANSWERED IN THE AFFIRMATIVE.

DECISION OF AUGUST 25, 1924, 4 COMP. GEN. 202, 204, CONCLUDED AS FOLLOWS:

* * * ACCORDINGLY, YOU ARE ADVISED THAT THE CLASSIFICATION ACT IS APPLICABLE TO THE ADMINISTRATIVE FORCE EMPLOYED UNDER AUTHORITY OF THE APPROPRIATIONS MADE UNDER THE SUBHEADINGS ,OFFICE OF PUBLIC PRINTER" AND"OFFICE OF SUPERINTENDENT OF DOCUMENTS" AND THE ACT OF JUNE 7, 1924, 43 STAT. 658, RELATES ONLY TO PERSONAL SERVICES EMPLOYED UNDER THE AUTHORITY OF THE APPROPRIATION "PUBLIC PRINTING AND BINDING," AND, TO THAT EXTENT ONLY, SUPERSEDES THE CLASSIFICATION ACT OF 1923.

SECTION 4 OF THE WELCH ACT OF MAY 28, 1928, 45 STAT. 785, AMENDING THE CLASSIFICATION ACT, PROVIDES AS FOLLOWS:

THE PROVISIONS OF THIS ACT SHALL NOT APPLY TO EMPLOYEES IN THE GOVERNMENT PRINTING OFFICE WHOSE RATES OF PAY ARE SET UNDER AUTHORITY OF THE "ACT TO REGULATE AND FIX RATES OF PAY FOR EMPLOYEES AND OFFICERS OF THE GOVERNMENT PRINTING OFFICE," APPROVED JUNE 7, 1924. (UNITED STATES CODE, PAGE 1417, SECTION 40.)

BEGINNING WITH THE FISCAL YEAR 1928, 44 STAT. 1159, THE ANNUAL APPROPRIATION UNDER THE SUBTITLE "OFFICE OF PUBLIC PRINTER" HAS BEEN ELIMINATED AND THE SALARIES OF ALL EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE PROPER HAVE BEEN PROVIDED UNDER THE HEADING "PUBLIC PRINTING AND BINDING," AND IT IS UNDERSTOOD THE SALARY RATES OF ALL EMPLOYEES UNDER THE GOVERNMENT PRINTING OFFICE, INCLUDING SUPERVISORY AND ADMINISTRATIVE PERSONNEL PAID ON AN ANNUAL BASIS, EXCEPT CERTAIN OF THE EMPLOYEES IN THE OFFICE OF THE SUPERINTENDENT OF DOCUMENTS WHOSE COMPENSATION IS SPECIFICALLY MADE SUBJECT TO THE CLASSIFICATION ACT IN THE ANNUAL APPROPRIATION ACTS, HAVE BEEN FIXED AND ADJUSTED BY THE PUBLIC PRINTER, WITH THE APPROVAL OF THE JOINT COMMITTEE ON PRINTING, UNDER AUTHORITY OF THE ACT OF JUNE 7, 1924, SUPRA.

EVIDENTLY THE WORDS "TRADES AND OCCUPATIONS" APPEARING IN SECTION 23 OF THE ACT OF MARCH 28, 1934, SUPRA, WERE INTENDED TO EMBRACE, NOT ONLY ALL POSITIONS OR EMPLOYMENTS IN THE RECOGNIZED TRADES AND CRAFTS AND OCCUPATIONS OF A SIMILAR CHARACTER, BUT ALSO SUPERVISORY AND ADMINISTRATIVE POSITIONS AND EMPLOYMENTS THE DUTIES OF WHICH ARE ENTIRELY CONNECTED WITH, AND DEPENDENT UPON, THE DUTIES PERFORMED BY THE PERSONNEL IN THE TRADES, CRAFTS, AND SIMILAR OCCUPATIONS, THE COMPENSATION OF WHICH IS SUBJECT TO ADJUSTMENT BY WAGE BOARDS OR OTHER WAGE-FIXING AUTHORITIES. SEE GENERALLY SECTION 5 OF THE ORIGINAL CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1489, AND 4 COMP. GEN. 00; ID. 959.

AS THE PUBLIC PRINTER, WITH THE APPROVAL OF THE JOINT COMMITTEE ON PRINTING, HAS AUTHORITY TO FIX THE SALARY RATES OF ALL PERSONNEL OF THE GOVERNMENT PRINTING OFFICE, EXCEPT CERTAIN EMPLOYEES IN THE OFFICE OF THE SUPERINTENDENT OF DOCUMENTS WHOSE COMPENSATION IS SPECIFICALLY MADE SUBJECT TO THE CLASSIFICATION ACT, AND AS ALL SUCH POSITIONS ARE EITHER IN A RECOGNIZED TRADE OR CRAFT OR SIMILAR OCCUPATION, OR CONSTITUTE SUPERVISORY OR ADMINISTRATIVE OFFICES OR POSITIONS CONNECTED THEREWITH OR DEPENDENT THEREON, QUESTION 2 IS ANSWERED IN THE AFFIRMATIVE.

THE REGULAR WEEKLY COMPENSATION OF EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WITHIN THE TERMS OF SECTION 23 OF THE ACT OF MARCH 28, 1934, FOR 40 HOURS IS REQUIRED TO BE THE SAME PAID FOR 48 HOURS PER WEEK AS OF JUNE 1, 1932. THEREFORE, IF THE RATE FOR A CERTAIN CLASS OF EMPLOYEES WAS $1 PER HOUR, OR $48 PER WEEK OF 48 HOURS ON JUNE 1, 1932, THE MINIMUM RATE PAYABLE UNDER THE NEW STATUTE FOR THE SAME DUTIES IS ARRIVED AT BY DIVIDING $48 BY 40 (THE MAXIMUM NUMBER OF HOURS NOW PERMITTED), MAKING A RATE OF $1.20 PER HOUR, OR $48 PER WEEK OF 40 HOURS, LESS, OF COURSE, THE REQUIRED PERCENTAGE REDUCTION. WHILE THE REGULAR HOURS OF WORK OF PER ANNUM EMPLOYEES WITHIN THE TERMS OF SECTION 23 OF THE ACT OF MARCH 28, 1934, ARE REQUIRED TO BE FIXED AT NOT TO EXCEED 40 PER WEEK, WHEREAS THE REGULAR HOURS PREVIOUSLY MAY HAVE BEEN 44 OR 48 PER WEEK, THE RATE OF COMPENSATION SHOULD REMAIN ON THE SAME ANNUAL BASIS, THE ONLY ADJUSTMENT, IF ANY, REQUIRED BEING THAT NECESSARY TO PAY AN ANNUAL RATE NOT LOWER THAN THAT RECEIVED JUNE 1, 1932, FOR THE SAME DUTIES, LESS THE PERCENTAGE REDUCTION. QUESTION 3 IS ANSWERED ACCORDINGLY.

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.

THE ACT OF MARCH 30, 1888, 25 STAT. 57 (SEC. 43, TITLE 44, U.S. CODE), PROVIDES:

* * * THE PUBLIC PRINTER IS HEREBY DIRECTED TO RIGIDLY ENFORCE THE PROVISIONS OF THE EIGHT-HOUR LAW IN THE DEPARTMENT UNDER HIS CHARGE. * *

THE ACT OF JANUARY 12, 1895, 28 STAT. 607 (SEC. 42, TITLE 44, U.S. CODE), PROVIDES:

* * * THE PUBLIC PRINTER SHALL CAUSE WORK TO BE DONE ON THE PUBLIC PRINTING IN THE GOVERNMENT PRINTING OFFICE AT NIGHT AS WELL AS THROUGH THE DAY, WHEN THE EXIGENCIES OF THE PUBLIC SERVICE REQUIRE IT, BUT THE PROVISIONS OF THE EXISTING EIGHT-HOUR LAW SHALL APPLY. * * * THE 8 HOUR LAW, AS AMENDED BY THE ACT OF MARCH 3, 1913, 37 STAT. 726 (SECS. 321 AND 322, TITLE 40, U.S. CODE), PROHIBITS THE EMPLOYMENT OF MECHANICS, LABORERS, AND THOSE IN SIMILAR OCCUPATIONS FOR MORE THAN 8 HOURS ON ANY 1 CALENDAR DAY,"EXCEPT IN CASE OF EXTRAORDINARY EMERGENCY.' IT IS NOT A COMPENSATION STATUTE AND DOES NOT PROVIDE FOR OVERTIME. HENCE, SECTION 23 OF THE ACT OF MARCH 28, 1934, PROVIDING FOR A 40-HOUR WEEK AND FOR OVERTIME COMPENSATION, IS NOT INCONSISTENT WITH, AND DOES NOT SUPERSEDE NOR RENDER INOPERATIVE THE 8-HOUR LAW. WHILE HERETOFORE OVERTIME COMPENSATION AT THE GOVERNMENT PRINTING OFFICE HAS BEEN PAID ON A DAILY BASIS, OVERTIME IS AUTHORIZED BY SECTION 23 OF THE ACT OF MARCH 28, 1934, ONLY ON A WEEKLY BASIS--- THAT IS, FOR WORK IN EXCESS OF 40 HOURS PER WEEK --- AND NO LONGER ON A DAILY BASIS. THEREFORE, IF, IN CASES OF AN EXTRAORDINARY EMERGENCY, EMPLOYEES ARE REQUIRED TO WORK MORE THAN 8 HOURS ON ANY ONE CALENDAR DAY, BUT ARE NOT REQUIRED TO WORK IN EXCESS OF 40 HOURS DURING THE WEEK, PAYMENT OF OVERTIME COMPENSATION IS NOT AUTHORIZED. QUESTION 5 IS ANSWERED ACCORDINGLY.

QUESTION 6 IS ANSWERED IN THE NEGATIVE. THE TERM "OVERTIME" HAS NEVER BEEN APPLICABLE TO EMPLOYEES PAID ON AN ANNUAL BASIS AND THERE IS NO PURPOSE OR INTENT SHOWN BY SECTION 23 OF THE ACT OF MARCH 28, 1934, TO EXTEND THE RIGHT TO OVERTIME COMPENSATION TO EMPLOYEES PAID ON AN ANNUAL BASIS WHO MAY BE REQUIRED TO WORK MORE THAN THEIR REGULAR TOUR OF DUTY OF 40 HOURS PER WEEK.

BOTH PARTS OF QUESTION 7 ARE ANSWERED IN THE AFFIRMATIVE. SEE ANSWER TO QUESTION 3.

SECTION 23 OF THE ACT OF MARCH 28, 1934, IS PERMANENT LEGISLATION APPEARING IN AN ANNUAL APPROPRIATION ACT AND ITS EFFECTIVE DATE IS NOT SPECIFICALLY FIXED THEREIN. THEREFORE, IN APPLYING THE GENERAL RULE OF STATUTORY CONSTRUCTION, THE SECTION MUST BE REGARDED AS EFFECTIVE FROM AND AFTER THE DATE OF THE ACT, MARCH 28, 1934. QUESTION 8 IS ANSWERED ACCORDINGLY.