B-168317, NOV. 10, 1969

B-168317, NOV. 10, 1969

COMPENSATION--HOLIDAYS--PREMIUM PAY REFERRING TO AIRPORT FIREFIGHTERS COMPELLED TO WORK ON "MOON HOLIDAY" DECLARED BY PRESIDENT ON JULY 21, 1969, THERE IS NO BASIS FOR PAYING FIREFIGHTERS ADDITIONAL PREMIUM PAY FOR WORK PERFORMED ON "MOON HOLIDAY" OR OTHER HOLIDAYS DESIGNATED BY PRESIDENT SINCE SEC. 302, FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 5 U.S.C. 5546 (1964 ED; SUPP. IV), SPECIFICALLY INCLUDES HOLIDAYS CREATED BY EXECUTIVE ORDER AND IT IS CLEAR PREMIUM PAY ON ANNUAL BASIS PROVIDED IN SEC. 208 OF ACT OF SEPT. 1, 1954, 5 U.S.C. 5545 (C), IS IN LIEU OF PREMIUM PAY FOR REGULAR WORK PERFORMED ON HOLIDAYS DESIGNATED BY PRESIDENT, ABSENT STATUTORY AMENDMENT.

TO MR. CHARLES E. KIESSLING:

THIS IS IN REPLY TO YOUR LETTER OF SEPTEMBER 25, 1969, CONCERNING THE ENTITLEMENT OF FIREFIGHTERS EMPLOYED BY THE FEDERAL AVIATION ADMINISTRATION AT DULLES INTERNATIONAL AND WASHINGTON NATIONAL AIRPORTS TO PAYMENT OF OVERTIME WHEN THEY WERE COMPELLED TO WORK ON THE "MOON HOLIDAY" DECLARED BY THE PRESIDENT ON JULY 21, 1969.

YOU STATE YOU ARE COGNIZANT OF THE FACT THAT PAYMENT OF PREMIUM PAY (ON AN ANNUAL BASIS) FOR REGULAR OVERTIME, NIGHT DIFFERENTIAL, SUNDAY, HOLIDAY, AND STANDBY TIME IS GOVERNED BY THE PROVISIONS OF TITLE 5, U.S.C. CHAPTER 55, SUBCHAPTER V. HOWEVER, IT IS YOUR OPINION THAT THE PAY ACT OF 1954 RECOGNIZED A REGULAR NUMBER OF LEGAL HOLIDAYS AND THAT FIREFIGHTERS SHOULD RECEIVE ADDITIONAL PAY FOR ANY SPECIAL HOLIDAYS ON WHICH THEY ARE REQUIRED TO WORK.

SECTION 401 (A) (1) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED BY SECTION 208 (A) OF THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1111, NOW CODIFIED IN 5 U.S.C. 5545 (C), PROVIDES THAT ANY OFFICER OR EMPLOYEE IN A POSITION REQUIRING HIM REGULARLY TO REMAIN AT, OR WITHIN THE CONFINES OF, HIS STATION DURING LONGER THAN ORDINARY PERIODS OF DUTY, A SUBSTANTIAL PART OF WHICH CONSISTS OF REMAINING IN A STANDBY STATUS RATHER THAN PERFORMING WORK, SHALL RECEIVE PREMIUM COMPENSATION FOR SUCH DUTY ON AN ANNUAL BASIS IN LIEU OF PREMIUM COMPENSATION PROVIDED BY ANY OTHER PROVISIONS OF THIS ACT. SECTION 302 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, WHICH PROVIDES PREMIUM PAY FOR EMPLOYEES WHO PERFORM WORK ON A HOLIDAY DESIGNATED BY FEDERAL STATUTE OR EXECUTIVE ORDER, WAS ALSO AMENDED BY THE ACT OF SEPTEMBER 1, 1954. SEE SECTION 207, 68 STAT. 1110.

SINCE SECTION 302 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 AS ORIGINALLY STATED AND AS AMENDED SPECIFICALLY INCLUDES HOLIDAYS DESIGNATED BY EXECUTIVE ORDER, IT IS CLEAR THAT THE PREMIUM PAY ON AN ANNUAL BASIS PROVIDED FOR IN SECTION 208 OF THE 1954 ACT IS IN LIEU OF PREMIUM PAY FOR REGULAR WORK PERFORMED ON HOLIDAYS DESIGNATED BY THE PRESIDENT. THEREFORE, IN THE ABSENCE OF AN AMENDMENT TO THE STATUTE, SUCH AS THE ACT OF JULY 18, 1958, PUBLIC LAW 85-525, 72 STAT. 363, WHICH AUTHORIZED ADDITIONAL PREMIUM PAY IN THE FORM OF OVERTIME COMPENSATION FOR IRREGULAR, UNSCHEDULED OVERTIME DUTY IN EXCESS OF AN EMPLOYEE'S REGULARLY SCHEDULED WEEKLY TOUR, THERE IS NO BASIS FOR PAYING FIREFIGHTERS ADDITIONAL PAY FOR WORK PERFORMED ON THE "MOON HOLIDAY" OR OTHER HOLIDAYS DESIGNATED BY THE PRESIDENT.