B-135077, FEBRUARY 5, 1958, 37 COMP. GEN. 509

B-135077, FEBRUARY 5, 1958, 37 COMP. GEN. 509

POSTAL EMPLOYEES - SATURDAY HOLIDAY BENEFITS - COMPENSATORY TIME AND HOLIDAY COMPENSATION POSTAL EMPLOYEES IN OR BELOW THE SALARY LEVEL PFS-7 WHO WORK ON A SATURDAY WHICH IS ALSO A HOLIDAY ARE ENTITLED TO BOTH THE COMPENSATORY TIME BENEFITS FOR SATURDAY WORK AND THE HOLIDAY BENEFITS PROVIDED IN SUBSECTIONS 603 (2) (A) AND (B) OF THE POSTAL FIELD SERVICE COMPENSATION ACT OF 1955, 39 U.S.C. 1003.

TO THE POSTMASTER GENERAL, FEBRUARY 5, 1958:

YOUR LETTER OF JANUARY 30, 1958, REQUESTS OUR DECISION CONCERNING THE APPLICATION OF SECTION 603 OF THE POSTAL FIELD SERVICE COMPENSATION ACT OF 1955, 69 STAT. 125, 39 U.S.C. 1003, TO THE SITUATION HEREINAFTER PRESENTED. IN PERTINENT PART, THAT SECTION IS AS FOLLOWS:

IN EMERGENCIES OR IF THE NEEDS OF THE SERVICE REQUIRE, THE POSTMASTER GENERAL MAY REQUIRE EMPLOYEES TO WORK MORE THAN EIGHT HOURS IN ONE DAY, OR ON SATURDAYS, SUNDAYS, OR HOLIDAYS. FOR SUCH SERVICE HE SHALL GRANT EMPLOYEES IN THE " PFS" SCHEDULE COMPENSATORY TIME OR PAY SUCH EMPLOYEES OVERTIME COMPENSATION UNDER THE FOLLOWING RULES:

(2) (A) EACH EMPLOYEE IN OR BELOW SALARY LEVEL PFS-7 WHO PERFORMS WORK ON SATURDAYS OR SUNDAYS SHALL, UNDER REGULATIONS PRESCRIBED BY THE POSTMASTER GENERAL, BE GRANTED COMPENSATORY TIME IN AN AMOUNT EQUAL TO THE EXCESS TIME WORKED WITHIN FIVE WORKING DAYS, EXCEPT THAT, IN LIEU OF SUCH COMPENSATORY TIME, THE POSTMASTER GENERAL MAY, IF THE EXIGENCIES OF THE SERVICE REQUIRE, AUTHORIZE SUCH EMPLOYEE TO BE PAID, FOR WORK PERFORMED ON SATURDAYS AND SUNDAYS DURING THE MONTH OF DECEMBER, AT THE RATE OF 150 PERCENTUM OF HIS HOURLY BASIC COMPENSATION.

(3) FOR TIME WORKED ON A DAY REFERRED TO AS A HOLIDAY IN THE ACT OF DECEMBER 26, 1941 (5 S.C., SEC. 87B), OR ON A DAY DESIGNATED BY EXECUTIVE ORDER AS A HOLIDAY FOR FEDERAL EMPLOYEES GENERALLY, EACH EMPLOYEE IN OR BELOW SALARY LEVEL PFS-7, UNDER REGULATIONS PRESCRIBED BY THE POSTMASTER GENERAL, SHALL EITHER BE GRANTED COMPENSATORY TIME IN AN AMOUNT EQUAL TO SUCH TIME WORKED WITHIN THIRTY WORKING DAYS, OR BE PAID PREMIUM COMPENSATION AT A RATE EQUAL TO HIS HOURLY BASIC COMPENSATION FOR THE TIME SO WORKED. FOR WORK PERFORMED ON CHRISTMAS DAY, PREMIUM COMPENSATION SHALL BE PAID AT A RATE EQUAL TO 150 PERCENTUM OF THE EMPLOYEE'S HOURLY BASIC COMPENSATION.

YOU SAY THAT UNDER THE PRIOR LAW, NAMELY, THE ACT OF JULY 6, 1945, PUBLIC LAW 134, 59 STAT. 435, 39 U.S.C. 851, THE FOLLOWING PRACTICE OBTAINED:

1. IF A HOLIDAY FELL ON SATURDAY, MANY OF THESE EMPLOYEES WERE EXCUSED FROM WORK WITHOUT CHARGE TO LEAVE AND WERE GRANTED THEIR NORMAL DAY OFF IN LIEU OF SATURDAY.

2. IF AN EMPLOYEE, HOWEVER, WORKED ON SATURDAY, HE WAS GIVEN NO GREATER BENEFIT THAN HE RECEIVED ON A NORMAL SATURDAY.

3. IF A HOLIDAY FELL ON THE EMPLOYEE'S NORMAL DAY OFF IN LIEU OF EITHER SATURDAY OR SUNDAY, HE WAS GRANTED ANOTHER DAY OFF.

THE SPECIFIC QUESTIONS PRESENTED ARE AS FOLLOWS:

* * * WHETHER THE RULES APPLIED UNDER PUBLIC LAW 134 SHOULD BE CONTINUED UNDER PUBLIC LAW 68, OR WHETHER ELIGIBLE EMPLOYEES SHOULD BE GIVEN A COMPENSATORY DAY FOR THE SATURDAY WORK AND IN ADDITION THERETO EITHER COMPENSATORY TIME OR PREMIUM COMPENSATION FOR THE HOLIDAY WORK AS PROVIDED IN THE ATTACHED PROPOSED REGULATION. IF THE LATTER IS THE PROPER RULE, MAY THE DEPARTMENT CONTINUE ITS PRACTICE NO. 3 ABOVE.

SECTION 603 DOES NOT EXPRESSLY SAY THAT THE BENEFITS GRANTED UNDER PARAGRAPHS (2) AND (3), 39 U.S.C. 1003 (2) AND (3), ARE CUMULATIVE SO THAT AN EMPLOYEE WORKING ON A SATURDAY WHICH ALSO IS A HOLIDAY WOULD BE ENTITLED TO THE BENEFITS OF EACH PARAGRAPH. HOWEVER, WE CONSIDER THAT SUCH IS THE INTENT OF THE SECTION. IT IS CLEAR FROM THE STATEMENTS APPEARING ON PAGE 38 OF HOUSE REPORT NO. 728, JUNE 2, 1955, ON S. 2061, WHICH WAS ENACTED AS THE POSTAL FIELD SERVICE COMPENSATION ACT OF 1955, THAT IN A NORMAL SITUATION WHERE AN EMPLOYEE WORKS ON A HOLIDAY AND RECEIVES HIS REGULAR COMPENSATION FOR THAT DAY HE ALSO IS ENTITLED TO THE HOLIDAY BENEFITS PROVIDED IN PARAGRAPH (3) OF SECTION 603. THE BENEFITS GRANTED UNDER PARAGRAPH (3) APPEAR TO BE OFFERED AS A PREMIUM FOR SERVICES RENDERED ON A HOLIDAY. AS SUCH THEY ARE INTENDED AS BENEFITS SEPARATE AND APART, YET IN ADDITION TO SUCH OTHER BENEFITS TO WHICH AN EMPLOYEE MAY BE ENTITLED FOR SERVICES RENDERED ON A PARTICULAR DAY.

AN EMPLOYEE IN THE CATEGORY TO WHICH YOUR SUBMISSION PERTAINS WHO WORKS ON A SATURDAY--- OTHER THAN A SATURDAY OCCURRING IN THE MONTH OF DECEMBER- -- RECEIVES NO COMPENSATION FOR THAT DAY. HE IS ENTITLED, HOWEVER, UNDER PARAGRAPH (2) OF SECTION 603 TO COMPENSATORY TIME WITHIN FIVE WORKING DAYS. TO DENY SUCH AN EMPLOYEE THE BENEFITS OF PARAGRAPH (3) WHEN THE SATURDAY ALSO IS A HOLIDAY APPEARS TO BE CONTRARY TO THE BASIC CONCEPT OF THAT PARAGRAPH--- ONE OF PROVIDING PREMIUM OR ADDITIONAL BENEFIT TO EMPLOYEES WORKING ON HOLIDAYS--- AND IN OUR JUDGMENT WOULD CONTRAVENE THE SPIRIT IF NOT THE LETTER OF THE STATUTE. THEREFORE, WE ARE OF THE VIEW THAT EMPLOYEES IN THE CATEGORIES IN QUESTION WHO RENDER SERVICE ON A SATURDAY WHICH ALSO IS A HOLIDAY ARE ENTITLED TO COMPENSATORY TIME IN ACCORDANCE WITH PARAGRAPH (2) OF SECTION 603 OF THAT SECTION. HENCE, THE PRACTICE WHICH YOU HAVE ENUMERATED IN YOUR LETTER AS NO. 2 SHOULD BE REVISED TO CONFORM WITH THE VIEWS EXPRESSED HEREIN.

WE DO NOT CONSIDER THAT SECTION 603 REQUIRES ANY CHANGE IN THE PRACTICE DESIGNATED AS NO. 3.