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B-83348, APRIL 21, 1949, 28 COMP. GEN. 601

B-83348 Apr 21, 1949
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IN WHICH IT WAS HELD THAT EMPLOYEES OF THE OFFICE OF THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA WHO WERE REQUIRED TO WORK ON JANUARY 21. WERE NOT ENTITLED TO EXTRA OR HOLIDAY COMPENSATION FOR SUCH WORK. WHICH IS. AS FOLLOWS: IT IS THE OPINION OF THIS OFFICE THAT PUBLIC LAW 1. IS A STATUTORY PROVISION WHICH MAKES ALL STATUTES RELATING TO COMPENSATION AND LEAVE FOR EXECUTIVE EMPLOYEES APPLICABLE TO THE JUDICIARY FOR JANUARY 20 AND 21. WITH WHOM THE QUESTION WAS INFORMALLY DISCUSSED. IS OF THE OPINION THAT OUR POSITION IS CORRECT AND THAT UNDER PUBLIC LAW 1. IT WILL BE SEEN THAT WHILE THE QUOTED LANGUAGE OF THE STATUTE MAKES JANUARY 20 AND 21. PRESCRIBE ADDITIONAL COMPENSATION FOR SUCH EMPLOYEES AS WERE REQUIRED TO WORK ON THOSE DAYS AND NEITHER DOES IT AUTHORIZE THE USE OF A PARTICULAR STATUTORY FORMULA APPLICABLE TO ALL EMPLOYEES FOR COMPUTING ADDITIONAL COMPENSATION FOR WORK ON THOSE DAYS.

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B-83348, APRIL 21, 1949, 28 COMP. GEN. 601

SUNDAYS AND HOLIDAYS - COMPENSATION - JANUARY 20 AND 21, 1949 WHILE THE JOINT RESOLUTION OF JANUARY 18, 1949, AUTHORIZES THE CLOSING OF ALL GOVERNMENT AGENCIES--- INCLUDING THOSE IN THE JUDICIAL BRANCH--- IN THE METROPOLITAN AREA OF THE DISTRICT OF COLUMBIA ON JANUARY 20 AND 21, 1949, AND EXPRESSLY PROVIDES THAT SUCH DAYS SHALL BE CONSIDERED ,HOLIDAYS" FOR PURPOSES OF ALL STATUTES RELATING TO THE COMPENSATION AND LEAVE OF EMPLOYEES OF THE UNITED STATES, IT DOES NOT, OF ITSELF, PRESCRIBE ADDITIONAL COMPENSATION FOR WORK ON THOSE DAYS, SO THAT ONLY REGULAR COMPENSATION WOULD BE PAYABLE IN THE CASE OF CERTAIN EMPLOYEES FOR WHOM NO INDEPENDENT STATUTORY AUTHORITY EXISTS FOR THE PAYMENT OF PREMIUM HOLIDAY PAY. 28 COMP. GEN. 481, AMPLIFIED.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, APRIL 21, 1949:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MARCH 28, 1949, TRANSMITTING A LETTER DATED MARCH 16, 1949, FROM MR. HARRY M. HULL, CLERK OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, REQUESTING RECONSIDERATION OF OFFICE DECISION OF FEBRUARY 28, 1949, B 83348, 28 COMP. GEN. 481, TO YOU, IN WHICH IT WAS HELD THAT EMPLOYEES OF THE OFFICE OF THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA WHO WERE REQUIRED TO WORK ON JANUARY 21, 1949, WERE NOT ENTITLED TO EXTRA OR HOLIDAY COMPENSATION FOR SUCH WORK.

YOU REQUEST AN EXPRESSION OF MY VIEWS RESPECTING THE CONTENTION RAISED IN MR. HULL'S LETTER, WHICH IS, IN PERTINENT PART, AS FOLLOWS:

IT IS THE OPINION OF THIS OFFICE THAT PUBLIC LAW 1, APPROVED JANUARY 18, 1949, IS A STATUTORY PROVISION WHICH MAKES ALL STATUTES RELATING TO COMPENSATION AND LEAVE FOR EXECUTIVE EMPLOYEES APPLICABLE TO THE JUDICIARY FOR JANUARY 20 AND 21, 1949, AND IT WOULD BE APPRECIATED IF YOU WOULD REQUEST THE GENERAL ACCOUNTING OFFICE TO RECONSIDER ITS DECISION, OR PERMIT THIS OFFICE TO TAKE THE MATTER UP DIRECTLY WITH THAT OFFICE.

A MEMBER OF THIS COURT, WITH WHOM THE QUESTION WAS INFORMALLY DISCUSSED, IS OF THE OPINION THAT OUR POSITION IS CORRECT AND THAT UNDER PUBLIC LAW 1, THE EMPLOYEES ASSIGNED TO DUTY ON JANUARY 21 ,SHALL BE" PAID AT DOUBLE RATES.

THE ACT OF JANUARY 18, 1949, PUBLIC LAW 1, 63 STAT. 3, REFERRED TO IN MR. HULL'S LETTER AUTHORIZES, INTER ALIA, THE CLOSING OF ALL GOVERNMENT AGENCIES--- INCLUDING THOSE IN THE JUDICIAL BRANCH--- IN THE METROPOLITAN AREA OF THE DISTRICT OF COLUMBIA ALL DAY ON JANUARY 20 AND 21, 1949, AND, IN ADDITION THERETO, IT EXPRESSLY PROVIDES THAT "SUCH DAYS SHALL BE CONSIDERED HOLIDAYS FOR PURPOSES OF ALL STATUTES RELATING TO THE COMPENSATION AND LEAVE OF EMPLOYEES OF THE UNITED STATES.' IT WILL BE SEEN THAT WHILE THE QUOTED LANGUAGE OF THE STATUTE MAKES JANUARY 20 AND 21, 49,"HOLIDAYS" FOR COMPENSATION AND LEAVE PURPOSES, FOR ALL EMPLOYEES COMING WITHIN THE PURVIEW OF THE SAID STATUTE, IT DOES NOT, OF ITSELF, PRESCRIBE ADDITIONAL COMPENSATION FOR SUCH EMPLOYEES AS WERE REQUIRED TO WORK ON THOSE DAYS AND NEITHER DOES IT AUTHORIZE THE USE OF A PARTICULAR STATUTORY FORMULA APPLICABLE TO ALL EMPLOYEES FOR COMPUTING ADDITIONAL COMPENSATION FOR WORK ON THOSE DAYS. RATHER, THE QUOTED LANGUAGE REASONABLY APPEARS TO PROVIDE NOTHING MORE THAN THAT SUCH DAYS SHALL BE HOLIDAYS FOR THE PURPOSES OF THE COMPENSATION AND LEAVE STATUTES APPLICABLE TO THE RESPECTIVE GROUPS OF EMPLOYEES INVOLVED. THAT IS TO SAY, THE ACT OF JANUARY 18, 1949, MERELY CONSTITUTED JANUARY 20 AND 21, 1949, AS "HOLIDAYS" FOR COMPENSATION AND LEAVE PURPOSES, AND, TO ASCERTAIN THE BENEFITS IN THOSE RESPECTS WHICH ACCRUE TO AN EMPLOYEE BECAUSE OF SUCH "HOLIDAYS," ONE MUST LOOK TO THE PROVISIONS OF THE STATUTES CONTROLLING THOSE MATTERS FOR THE PARTICULAR EMPLOYEES CONCERNED. THUS, WHERE, FOR CERTAIN EMPLOYEES, THERE IS NO INDEPENDENT STATUTORY AUTHORITY FOR THE PAYMENT OF PREMIUM PAY FOR HOLIDAY WORK, THE SAID ACT OF JANUARY 18, 1949- -- WHICH BY ITS OWN TERMS PROVIDES NO PREMIUM PAY--- LEAVES THEIR PAY STATUS FOR THOSE DAYS UNDISTURBED; THAT IS, SUCH EMPLOYEES WHO WORK ON EITHER OR BOTH OF THE DAYS IN QUESTION ARE IN THE SAME PAY STATUS FOR THOSE DAYS AS THEY WOULD BE ON ANY OTHER HOLIDAY ON WHICH THEY ARE REQUIRED TO WORK.

AS STATED IN THE SAID DECISION OF FEBRUARY 28, 1949, I AM AWARE OF NO STATUTORY AUTHORITY, AND NONE HAS BEEN BROUGHT TO MY ATTENTION, FOR THE PAYMENT OF PREMIUM PAY FOR HOLIDAY WORK BY EMPLOYEES IN THE JUDICIAL BRANCH SUCH AS THOSE HERE CONSIDERED. CONSEQUENTLY, FOR THE REASONS STATED ABOVE, SUCH EMPLOYEES ARE NOT ENTITLED TO PREMIUM PAY FOR WORK PERFORMED ON JANUARY 21, 1949. I FIND NOTHING IN THE LANGUAGE OF THE ACT OF JANUARY 18, 1949, SUPRA, FROM WHICH IT FAIRLY MAY BE DEDUCED THAT, IN THE CASE OF EMPLOYEES SUCH AS HERE INVOLVED FOR WHOM THERE IS NO STATUTORY AUTHORITY FOR PREMIUM PAY ON HOLIDAYS, THE HOLIDAY PAY PROVISIONS OF SECTION 302 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 298, AS AMENDED, ARE FOR APPLICATION TO SUCH EMPLOYEES, AS APPEARS TO BE THE VIEW EXPRESSED IN MR. HULL'S LETTER. THE FACT THAT THE LEGISLATIVE AND JUDICIAL BRANCHES OF THE GOVERNMENT SPECIFICALLY ARE MENTIONED ALONG WITH THE EXECUTIVE BRANCH IN THE ENUMERATION OF THE FEDERAL AGENCIES TO BE CLOSED ON JANUARY 20 AND 21, 1949, REASONABLY MAY NOT BE VIEWED AS INDICATIVE OF AN INTENT ON THE PART OF THE CONGRESS TO AUTHORIZE, FOR TWO DAYS, AN ENTIRELY NOVEL FEATURE OF COMPENSATION FOR LEGISLATIVE AND JUDICIAL EMPLOYEES NOT UNDER THE CLASSIFICATION ACT, NAMELY, THE PAYMENT OF PREMIUM PAY FOR HOLIDAY WORK.

THE MATTER HAS BEEN GIVEN CAREFUL CONSIDERATION BUT THERE HAS BEEN FOUND NOTHING WHICH WOULD WARRANT ANY CHANGE IN THE CONCLUSION REACHED IN THE DECISION OF FEBRUARY 28, 1949.

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