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B-181188 1 (1975-02-26)

handle is hein.gao/gaobadcef0001 and id is 1 raw text is: B D~ECISION VN I TED ~1~ THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20549 FILE: 3-181188 MATTER OF: DIGEST: DATE: FEB 2 6 1975 Alaska Railroad employee - retroactive effect of change in tour of duty Tour of duty of Alaska Railroad employee whose schedule at beginntes of workweek of December 30, 1973, to January 5, 1974, was Sunday and Saturday off and work on the other days, and was chaned on January 2, 1974, to Monday and Tuesday off and work on the other days. is not entitled to holiday pay for January 2, 1974, which would have been a day off in lieu of January 1, 1974, under new tour, since new workweek may not retroactively affect employee's holiday pay entitlenent and he had been paid holiday pay for January 1, 1974. The Department of Transportation, Federal Railroad Adirnistration, the Alaska Railroad, asks whether one of its employees is entitled to holiday promium pay for work perforned on January 2, 1974, as the result of a change in his administrative workweek. At the beginning of the week of December 30, 1973, to January 5, 1974, the employee had an assigned admainistrative workweek which provided for Sunday off, duty on Eonday, Tuesday, Wednesday, Thursday, Friday, and Saturday off. The employee worked on tonday Decem.ber 31, 1973, wThich by Presidential proclamation was a hold.7ay and on Tuesday January 1, 1.74, New Year's Day. The employe vas paid basic pay for the work perforred on those days plus holiday pay. At 12:01 a.m., Jsnuary 2, 1974, the enloyee's basic workweek was changed to provide for work on Sundav, Monday and Tuesday off, and work on Wednesday, Thursday, Frijay, and Saturday. The submission states thet under the rodified workweek, the employee would have been entitled to GIednesday off for the Kew Year's holiday which occurred on Tuesday. From the related facts the employee is assumed to be subject to the provisions of subsection 3(b) of ,xecutive Order No. 115C2, 3 C.F.R. 294 (1974), set out as a note under', section 6103 of the United States Code (Supp III, 1973). That' subsection provides that an employee whose basic workweek includes Sunday and who would ordinarily be excused from work on a holiday falling within the basic workweek shall be excused from

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