B-138828, JUL. 7, 1959

B-138828, JUL. 7, 1959

TO MR. JOHN HARDY:

YOUR LETTER OF MAY 12, 1959, REQUESTS A REVIEW OF OUR DECISION OF MARCH 27, 1959, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR COMPENSATORY TIME OR ADDITIONAL COMPENSATION WHEN YOU SAY YOU WERE REQUIRED TO WORK IN EXCESS OF 2,016 HOURS IN A YEAR, 1958, IN WHICH A HOLIDAY OCCURRED ON SATURDAY (OUTSIDE YOUR REGULAR WORKWEEK). YOU SAY THIS RESULTED IN YOUR BEING REQUIRED TO PERFORM DUTY FOR AN ADDITIONAL 8 HOURS, OR A TOTAL OF 2,024 HOURS, IN THAT YEAR FOR WHICH YOU BELIEVE YOU ARE ENTITLED TO BE PAID ADDITIONAL COMPENSATION.

YOUR DOUBT IN THE MATTER APPEARS TO ARISE FROM THE REQUIREMENTS OF SECTION 601 (D) OF PUBLIC LAW 68, POSTAL FIELD SERVICE COMPENSATION ACT, 1955, 39 U.S.C. 1001 (D), THAT A FACTOR OR DIVISOR OF 2,080 BE USED IN COMPUTING THE HOURLY SALARY RATE OF A REGULAR HOURLY RATE EMPLOYEE OF THE POSTAL FIELD SERVICE AND 2,016 FOR SUBSTITUTE EMPLOYEES. THE REFERENCE IN OUR LETTER OF MARCH 27 TO HOUSE OF REPRESENTATIVES REPORT NO. 728, WHEREIN IT STATES THAT THE DIVISOR OR FACTOR FOR REGULAR POSTAL EMPLOYEES WAS DETERMINED UPON THE BASIS OF A 52-WEEK YEAR WITH 40 HOURS OF WORK EACH WEEK, WHICH FOR A REGULAR EMPLOYEE GENERALLY WOULD INCLUDE 64 HOURS OF 8 PAID HOLIDAYS, APPARENTLY HAS LED YOU TO AN ERRONEOUS CONCLUSION THAT A REGULAR HOURLY RATE POSTAL FIELD SERVICE EMPLOYEE IS PAID FOR NO MORE THAN 2,016 HOURS IN ANY YEAR.

SECTION 1001 OF TITLE 39 OF THE U.S.C. READS IN PART AS FOLLOWS:

"EMPLOYEES IN THE POSTAL FIELD SERVICE SHALL BE PAID COMPENSATION IN TWENTY-SIX INSTALLMENTS. EACH SUCH INSTALLMENT SHALL BE THE COMPENSATION FOR A PAY PERIOD OF TWO WEEKS.

"/C) HOURLY RATE EMPLOYEES.

AS BASIS COMPENSATION FOR THE PAY PERIOD, AN HOURLY RATE EMPLOYEE SHALL BE PAID AN AMOUNT EQUAL TO THE PRODUCT OF HIS HOURLY RATE OF BASIC COMPENSATION AND THE NUMBER OF HOURS OF SERVICE FOR WHICH HE HAS CREDIT.

"/D) RULES FOR COMPUTATION OF RATES OTHER THAN ANNUAL RATES.

FOR PURPOSES OF COMPUTING RATES OF COMPENSATION OTHER THAN ANNUAL RATES THE FOLLOWING RULES SHALL GOVERN:

(1) TO COMPUTE AN HOURLY RATE OF BASIC COMPENSATION FOR EMPLOYEES OTHER THAN SUBSTITUTE EMPLOYEES, THE ANNUAL RATE OF BASIC COMPENSATION SHALL BE DIVIDED BY 2,080.

(2) TO COMPUTE AN HOURLY RATE OF BASIC COMPENSATION FOR SUBSTITUTE EMPLOYEES, THE ANNUAL RATE OF BASIC COMPENSATION SHALL BE DIVIDED BY 2,016.'

THE FACTORS OR DIVISORS WERE PRESCRIBED BY THE ACT FOR THE PURPOSE OF COMPUTING HOURLY RATES FOR REGULAR AND SUBSTITUTE POSTAL FIELD SERVICE EMPLOYEES AND HAVE NO APPLICATION TO THE OVERTIME STATUTES, NOR IS THERE ANY PROVISION UNDER THE ACT OR ANY OTHER ACT WHICH LIMITS THE NUMBER OF WORK-HOURS FOR HOURLY POSTAL EMPLOYEES TO 2,016 HOURS IN ANY YEAR. THE REGULAR HOURLY EMPLOYEE IS PAID ON THE BASIS OF 2,080 HOURS, EVEN THOUGH HE WORKS LESS HOURS BECAUSE OF HOLIDAYS FALLING WITHIN HIS REGULAR WORKWEEK.

SINCE IT APPEARS FROM YOUR LETTER OF MAY 12 THAT YOU WERE PAID DURING THE YEAR 1958 FOR 2,080 WORK-HOURS--- WHICH INCLUDED 7 HOLIDAYS OR 56 HOURS, AT THE RATE PROVIDED BY STATUTE, FOR WHICH NO PERFORMANCE OF DUTY WAS REQUIRED--- YOU ARE NOT ENTITLED TO PAYMENT OF ADDITIONAL COMPENSATION FOR THE ADDITIONAL 8 HOURS WORKED, WITHIN THE 2,080 HOURS FOR WHICH YOU HAVE BEEN PAID, BECAUSE OF THE HOLIDAY OCCURRING ON SATURDAY. WE RECOGNIZE THAT, UNDER THE STATUTE, EVEN THOUGH YOU WORKED AN ADDITIONAL DAY IN 1958 BECAUSE A HOLIDAY FELL ON SATURDAY, THE PAY YOU RECEIVED WAS THE SAME AS YOU WOULD HAVE RECEIVED HAD THE HOLIDAY FALLEN ON A DAY WITHIN YOUR REGULAR WORKWEEK. LIKEWISE, WE REALIZE THAT IN THIS SITUATION A SUBSTITUTE MAY HAVE RECEIVED ADDITIONAL PAY FOR THE SAME NUMBER OF HOURS OF WORK PERFORMED BY YOU BUT, ON THE OTHER HAND, A SUBSTITUTE WHOSE SERVICES WERE REQUIRED FOR FEWER HOURS DURING THE YEAR AS A RESULT OF THE HOLIDAY HAVING FALLEN ON SATURDAY WOULD HAVE RECEIVED LESS PAY DURING THE YEAR.