HAYWARD O. BRANDON JUNE 23, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. DENTON, from the Committee on the Judiciary, submitted the following REPORT To accompany S. 1266) The Committee on the Judiciary, to whom was referred the bill (S. 1266) for the relief of Hayward O. Brandon, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The facts will be found fully set forth in Senate Report No. 288, Eighty-first Congress, first session, which is appended hereto and made a part of this report. Your committee concur in the recom mendation of the Senate. S. Rept. No. 288, 81th Cong., 1st sess. The purpose of the proposed legislation is to authorize the Secretary of the Treasury to pay, out of any money in the Treasury not otherwiseappropriated, to Hayward O. Brandon, of Philippi, W. Va., the sum of $259, in full settlement of all his claims against the United States for wages for overtime work performed during 1941 as an employees of the Post Office Department. STATEMENT It appears that Mr. Brandon was appointed as a permanent fireman-laborer at the Philippi, W. Va., post office on January 1, 1941. Through error, the postmaster did not give Mr. Brandon the benefits of the 40-hour week until July 1, 1941. On August 1, 1941, the postmaster was informed that he could grant Mr. Brandon compensatory time off whenever convenient to cover his overtime service. Subsequently, on July 1, 1944, Congress enacted Public Law 406, which provided for payment of compensation to such employees for overtime. After passage of the above act there remained to Mr. Brandon's credit 592 hours of overtime for which he could not be compensated in cash nor by compensatory time off. This bill would compensate Mr. Brandon for that overtime which he is unable to be compensated for otherwise. A similar bill passed the Senate in the Eightieth Congress but was referred to the House too late for action. The Department of Justice and the Postmaster General are opposed to enactment of this bill on the ground that an undesirable precedent might be established. The committee believe that the chances of similar cases arising are extremely remote and therefore recommend favorable action on this bill. Attached hereto and made a part of this report are letters received from the Attorney General and the Postmaster General in connection with the above referred to bill of the Eightieth Congress. DEPARTMENT OF JUSTICE, OFFICE OF THE ASSISTANT TO THE ATTORNEY GENERAL, Hon. ALEXANDER WILEY, United States Senate, Washington, D. C. MY DEAR SENATOR: This is in response to your request for the views of this Department relative to the bill (S. 2359) for the relief of Hayward O. Brandon. The bill would provide for payment of the sum of $358.62 to Hayward 0. Brandon, of Philippi. W. Va., in full settlement of his claims against the United States for wages for overtime work performed during 1941 as an employee of the Post Office Department. In compliance with your request, a report was obtained from the Post Office Department concerning this legislation. That report, which is enclosed, states that through error claimant was not given the benefits of the 40-hour-week law from January 1, 1941, to July 1, 1941. On August 1, 1941, the Post Office Department notified the postmaster at Philippi, W. Va., that he could grant claimant compensatory time whenever convenient to cover the overtime service performed by claimant from the date of his appointment. On March 29, 1945, claimant still had to his credit 592 hours of overtime for which compensatory time could not be granted prior to the passage of the act of July 1, 1944 (Publie Law 406), which provided for payment of overtime. The report states that while the Post Office Department sympathizes with claimant's position, there are countless other employees in the custodial service who were assigned to overtime prior to July 1, 1944, and received neither overtime pay nor compensatory time for the reason that there was no legislation authorizing overtime pay prior to the enactment of the above-cited act. It is the belief of the Post Office Department that a precedent should not be established and for this reason it does not recommend enactment of the bill. The report observes that the amount of the proposed award would appear to be incorrect since claimant's hourly pay during the period in question was $0.4375. This figure multiplied by 592 hours equals $259. The report concludes with the statement that if the bill is to receive favorable consideration it is recommended that the amount be reduced from $358.62 to $259. The Department of Justice concurs in the opinion of the Post Office Depart ment. The Director of the Bureau of the Budget has advised this Department that since the enactment of the proposed legislation would grant preferential treatment to the claimant over countless other employees who will not be paid for overtime prior to the passage of the act of July 1, 1944 (Public Law 406), the enactment of S. 2359 would not be in accord with the program of the President Yours sincerely. PEYTON FORD, The Assistant to the Attorney General. POST OFFICE DEPARTMENT, OFFICE OF THE POSTMASTER GENERAL, The honorable the ATTORNEY GENERAL. (Attention: Mr. Peyton Ford, the Assistant to the Attorney General. DEAR MR. ATTORNEY GENERAL: Reference is made to your request of March 31, 1948, for a report upon S. 2359, a bill for the relief of Hayward O. Brandon, for submission to the Senate Judiciary Committee. The measure would authorize the payment of $358.62 to Mr. Brandon in full settlement of his claim for wages for overtime work performed during 1941 as an employee of the Post Office Department. The records of this office show that Mr. Brandon was appointed as a permanent fireman-laborer at the Philippi, W. Va., post office on January 1, 1941. Through error, the postmaster did not give Mr. Brandon the benefits of the 40-hour-week law from January 1, 1941 to July 1, 1941. Under date of August 1, 1941, this Department notified the postmaster at Philippi, W. Va., that he could grant the fireman-laborer compensatory time whenever convenient to cover the overtime service performed by the employee from the date of his appointment. On March 29, 1945, the postmaster informed this Department that there still remained 592 hours due Mr. Brandon, for which compensatory time could not be granted prior to the passage of the act of July 1, 1944 (Public Law 406), which provides in part that: * In cases of emergency, or if the needs of the service require, employees of the custodial service can be required to work in excess of eight hours per day, and for such overtime service they shall be paid on the basis of the annual pay received by such employee When the needs of the service require the employment on Sundays and holidays of * * * employees of the custodial service, they shall be allowed compensatory time on one day within six days next succeeding the Sunday, except the last three Sundays in the calendar year, and on one day within thirty days next succeeding the holiday and the last three Sundays in the year on which service is performed: Provided, however, That the Postmaster General may, if the exigencies of the service require it, authorize the payment of overtime in lieu of compensatory time for service on Sundays and holidays: Provided further, That the provisions of the foregoing provisos shall apply to employees of the custodial service during the period of the emergency and for six months thereafter. While this Department sympathizes with Mr. Brandon's position, there are countless other employees in the custodial service who were assigned to overtime prior to July 1, 1944, and received neither overtime pay nor compensatory time, for the reason that there was no legislation authorizing overtime pay prior to the date indicated. It is my belief that a precedent should not be established and for this reason I do not recommend the enactment of S. 2359. It is noted that this measure would authorize the payment of $358.62 as relief for Mr. Brandon It is not understood how this figure was computed. The hourly rate of pay for $1,260 per annum, the salary received by Mr. Brandon during the period mentioned, is $0.4375. This figure multiplied by 592 hours equals $259. If it is the sense of the Congress that this bill should be enacted. into law, it is recommended that the amount be reduced from $358.62 to $259. Pertinent papers are herewith submitted in accordance with your request. Sincerely yours, V. C. BURKE, Acting Postmaster General. О |