United States v. Bergh

352 U.S. 40, 77 S. Ct. 106, 1 L. Ed. 2d 102, 1956 U.S. LEXIS 1636
Supreme Court of the United States·Decided November 19, 1956·No. 17·Published·Cited by 23 cases

Opinions

Mr. Justice Clark

delivered the opinion of the Court.

This action was instituted in the United States Court of Claims by government per diem employees to recover holiday pay consisting of an extra day’s compensation for each holiday worked during the year 1945.

Each of the respondents was employed by the Navy under a Schedule of Wages which provided that “whenever an employee is relieved or prevented from working solely because of the occurrence of any day declared a [41] holiday” he was to receive the same pay for such days as for other days. This language was taken from a Joint Resolution of Congress of June 29, 1938, 52 Stat. 1246,1 having to do with holiday pay. In 1945 the respondents were not relieved from working on certain holidays named in this Resolution and were paid only the regular scheduled pay for the work performed on those days. They contend that under a Joint Resolution of January 6,1885, 23 Stat. 516,2 they have a vested right to an additional full day’s wage as “gratuity pay” for each holiday worked. The Government urges that the 1885 Resolution was repealed in toto by the Joint Resolution of June 29, 1938, [42] or in the alternative that the latter is inconsistent and in conflict with the provisions of the earlier Resolution upon which respondents rely.

The Court of Claims entered judgment for respondents, believing that the issue “was considered and disposed of by [its] majority opinion ... in Kelly v. United States, 119 C. Cls. 197,” holding that the employees concerned were entitled to gratuity pay under a Joint Resolution of 1895, not here involved, as well as under their wage agreement negotiated through collective bargaining in 1924. 132 Ct. Cl. 564, 132 F. Supp. 462. While we affirmed the Kelly case, 342 U. S. 193, it was on the basis of the wage agreement present there. We left open the issue involved here. Subsequently, thousands of claims based on the 1885 Resolution, including those of respondents, were filed against the Government, necessitating a decision on the question now presented. We granted certiorari, 350 U. S. 953.

The legislative history of the 1938 Resolution is clear. Executive Order No. 7763 of December 6,1937, 2 Fed. Reg. 2685, excused all government employees from work on December 24, 1937. Under the 1885 Resolution per diem employees received no compensation for that day since the holidays enumerated therein did not include December 24. A Joint Resolution was introduced in the House by Representative Ramspeck to allow holiday pay to per diem employees for that day. On referral to the House Committee on Civil Sevice, advice was sought from the Civil Service Commission, the Bureau of the Budget, and the Comptroller General. The Civil Service Commission advised by letter dated February 15, 1938, that the “accounting authorities, however, have held that in the absence of specific legislation the regular employees of the Federal Government whose compensation is fixed at a rate per day, per hour, or on a piece-work basis lose pay for that day. This has resulted in discrimination [43] against these groups of Federal employees.” The Commission advised, further, that “there is the broader question involved of securing statutory authority for such payments as a general practice . . . H. R. Rep. No. 2683, 75th Cong., 3d Sess. 2. The Commission suggested the language that might be inserted in a Resolution that “would give permanent statutory authority” for holiday pay. In addition, the Commission’s reference to the “accounting authorities” revealed that the Comptroller General had advised the Secretary of the Navy on December 20, 1937, that under existing law (a) per annum employees suffered no loss of income as the result of holidays, whether declared by statute or executive order, whereas per diem employees received pay only for those holidays enumerated in the 1885 Resolution; (b) per diem employees received statutory holiday pay whether the holiday happened to fall on a nonwork day (Saturday or Sunday) or not, while per annum workers were allowed neither additional pay nor holiday time when the holiday happened to fall on a nonwork day; and (c) if a per diem employee worked on a statutory holiday falling on such a nonwork day, he received double pay.3

In its Report, supra, to the House, the Committee incorporated the letter from the Commission, the advisory opinion of the Comptroller General, and a letter dated February 14, 1938, from the Bureau of the Budget advising that the proposed legislation would not be “in conflict with the program of the President.” The Committee drafted an entirely new Resolution, incorporating the language suggested by the Commission, intending for it to cover the “general practice” of the Government in regard to holiday pay. The only legislation then cover[44] ing the general practice of the Government as to holiday-pay was the 1885 Resolution and as to it the Committee categorically declared in its Report:

“Section 2 [of the Resolution] proposes to repeal the joint resolution of January 6, 1885 (U. S. C., title 5, sec. 86), which is as follows: . . .” [It then sets out in full the 1885 Resolution.]

Furthermore, there is no indication anywhere in its Report that any'portion of the 1885 Resolution — much less any administrative practice thereunder — was to survive. In addition to this unequivocal statement that the purpose of the 1938 Resolution was to repeal the 1885 one, the Committee further revealed by its action under the Rules of the 75th Congress that it so intended. The Rules required a Committee reporting out a bill repealing an act or part thereof to include in its report the text of the act or part thereof proposed to be repealed. The Report here included the text of the 1885 Resolution in toto. On the other hand, if it was intended only that the 1885 Resolution be amended, the Rules required the Committee to insert in its report a comparative print of the part of the act which it proposed to be amended. Here no such comparative print was inserted.

Moreover, the few brief statements on the floor of the House show nothing to the contrary. Representative Ramspeck declared that the Resolution “gives the same right to per diem employees as to the regular monthly employees.” Representative Rogers stated, “This simply prevents an unintentional discrimination.” Nothing was said as to the 1885 Resolution, nor did anyone contend, contrary to the Committee Report, that it was not the intention to repeal it in toto. See 83 Cong. Rec. 9466-9467.

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United States v. Bergh, 352 U.S. 40, 77 S. Ct. 106, 1 L. Ed. 2d 102, 1956 U.S. LEXIS 1636 (1956).

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United States v. Bergh
352 U.S. 40 (Supreme Court, 1956)