Reporter's Statement of the Case 107 C. Cls. and to fix their compensation subject to the limitation that "salaries or compensation fixed hereunder by the President shall in no instance exceed by more than twenty-five percentum the salary or compensation paid for the same or similar services to persons employed by the Government in continental United States," the President of the United States on February 2, 1914, promulgated Executive Order No. 1888 which, as amended by Executive Order No. 2514 dated January 15, 1917, fixed the general conditions of employment for employees of the Panama Canal and contained the following provisions: 1. The salaries or compensation of employees shall in no instance exceed by more than twenty-five per centum the salaries or compensation paid for the same or similar services to persons employed by the Government in Continental United States, as determined by the Governor of the Panama Canal. 8. All appointments shall be made by the Governor of the Panama Canal, or by his authority, except the district judge, district attorney, marshal, clerk of district court and his assistant. 11. Employees whose salaries are fixed on a monthly or annual basis will receive no pay for overtime work. 12. Employees above the grade of laborer, appointed with rates of pay per hour or per day, will not be employed over eight hours in any one calendar day, except in case of emergency. The time such employees work over eight hours in one calendar day, and time worked on Sundays and regularly authorized holidays, including January 1st, February 22nd, May 30th, July 4th, Labor Day, Thanksgiving Day, and December 25th, shall be considered overtime for which time and onehalf will be allowed. Such employees who work on the days prior and subsequent to the holidays specifically named above will be allowed their regular pay for eight hours for such days, in addition to pay for any work performed. 20. All employees who are citizens of the United States, and aliens whose compensation is more than $75 per month or 40¢ per hour, shall be entitled to leave privileges. 335 Reporter's Statement of the Case 21. Leave will be divided into three classes, viz: (1) annual leave, (2) cumulative leave, and (3) travel leave. 26. In cases of hourly and per diem employees annual leave on account of sickness or injury shall be based upon a day of eight hours. 29. Thirty days' cumulative leave will be allowed each employee paid on a monthly or annual basis for each year of his service, and twenty days to each employee paid on an hourly basis. This leave will be due after completing ten months' service each year and may be taken when the employee's service can be spared. It may be taken annually or left to accumulate to the credit of the employee, provided, however, that the maximum number of days' leave with pay of all kinds which may be granted at any one time or which may be commuted into a cash payment at termination of service is 120. 42. Office hours and hours of labor will be fixed by the Governor within the limits prescribed by law. These orders are in evidence as a part of the stipulation filed in this case as Exhibits 2 and 3 and are incorporated herein by reference. 4. During the period from March 28, 1934, to October 31, 1945, plaintiff has been employed by the Panama Canal in the Dredging Division on a pipe line suction dredge, that is, employed in a position on floating equipment. The respective positions held by plaintiff, the period during which he occupied each position, and the monthly rates of pay received by him (exclusive of overtime compensation) are as follows: Mate, March 28, 1934, to Jan. 6, 1937-- Chief Operator, Sept. 1, 1939, to March 31, 1941. Chief Operator, April 1, 1941, to Dec. 31, 1941. Chief Operator, Jan. 1, 1942, to Nov. 30, 1942– $291.00 306.00 311.00 321.00 335.00 355.00 The Mate of a pipe line suction dredge is under the direct supervision of the Operator and under the general supervision of the Master and has charge of the deck force on an eight-hour shift on the dredge. He is required to place anchors to hold pontoon lines, to add or take out pontoons, to clear or change swinging wires, and to dig deadmen for Reporter's Statement of the Case 107 C. Cls. wires. He also relieves the Operator, assists in general and field repairs, and assists in the general maintenance and upkeep of the dredge hull. An Operator of a pipe line suction dredge stands a regular eight-hour watch as Operator (leverman) and is in responsible charge of the equipment at all times when the Master and Chief Operator are not aboard. He is required to hold a license as Master, Pipe Line Suction Dredge, issued by the Board of Local Inspectors of the Panama Canal. The Operator is in charge of the dredge on his watch and gives orders to the Pipe Line Foreman and to the Mate who is in charge of the sailors (deck hands). The Chief Operator stands a regular eight-hour watch as Operator (leverman) and is Acting Master during the absence of the Master, which absences average two months a year. The Chief Operator is also in responsible charge of the equipment at all times when the Master is not aboard. He is required to hold a license as Master, Pipe Line Suction Dredge. 5. From March 28, 1934, to June 30, 1939, plaintiff's regular workweek was forty-eight hours; that is, six 8-hour days, Monday through Saturday. From July 1, 1939, through December 31, 1942, his regular workweek was forty-four hours; that is, five 8-hour days, Monday through Friday, and four hours on Saturday. From January 1, 1942, up to October 31, 1945, his regular workweek was forty-eight hours, that is, six 8-hour days, Monday through Saturday. The personnel regulations of the Panama Canal adopted in 1928 and continued in effect thereafter so far as shown by the record contained the following provisions: 43.5 Monthly employees.-Employees whose salaries are fixed on a monthly or annual basis will be employed ordinarily 7 hours a day if regularly engaged in office work and 8 hours a day if engaged on outside, maintenance, construction, or shop work, but they will receive no pay for overtime work. * 48.2 Recuperative time for monthly employees working irregular hours.-In case a monthly employee, regularly employed in the daytime, works at night, he may 335 Reporter's Statement of the Case be allowed time off the following day if needed for rest or recuperation without having the time charged against his leave. 48.3. Relief time for Sunday and holiday work. A monthly employee who works regularly and is required to work on a Sunday or holiday may be granted relief time for such service by the head of his department or division when it is practicable to do so without detriment to the work or incurring additional expense, but the granting of such time is not a vested right. When such time is allowed to an employee whose rate of pay is computed on a 28-day month, it shall be granted on a basis of 28 days' service each month except that during the month of February he may be granted two days off. This does not apply to employees engaged on certain classes of work for which special rules for allowing relief time have been approved by the Governor. Pursuant to the above regulations, plaintiff was allowed compensatory time off for any Sunday or holiday services which he was required to perform in emergencies during the period involved in this proceeding. No pay for overtime work was allowed plaintiff prior to July 1, 1941, but certain pay for overtime work was allowed after the date just mentioned, as will hereinafter appear. WAGE FIXING PROCEDURE 6. March 11, 1919, the Governor wrote a letter to the Engineer of Maintenance of the Panama Canal and a representative of the Panama Metal Trades Council appointing them as a board to advise him on wages of the Panama Canal and Panama Railroad employees of the Gold Roll who were members of the American Federation of Labor and describing their duties. Thereafter, the Governor issued a circular dated March 31, 1919, directed "To All Concerned" which was headed "Board on Rates of Pay-Gold Roll," in which the letter of March 11, 1919, just referred to was quoted and certain procedural requirements added in connection with the duties of the board. The circular was published in the Panama Canal Record of April 9, 1919 (an official publication of the Panama Canal having general circulation among its 736172-47—vol. 107- -24 Reporter's Statement of the Case 107 C. Cls. officers and employees). The letter of the Governor quoted in the circular read as follows: You are hereby appointed as a board to advise me on wages for The Panama Canal and Panama Railroad employees on the gold roll who are members of the American Federation of Labor. (1) The Board is an advisory one to recommend rates of pay to the Governor and is without authority to make promises except as to its recommendations. (2) This Board will recommend wages for positions filled in whole or part by employees who are members of the American Federation of Labor. (3) Rates will generally be equal to States' rates plus 25 percent for similar positions in the Government service in continental United States. If there are no similar Government positions, Canal rates may be based on nongovernment ones, plus 25 percent; provided, however, such rates properly coordinate with similar or related ones in the Canal service which have been established directly on Government ones. (4) The Board will not make recommendations for individuals but for positions. (5) Employees, who are members of the American Federation of Labor, will as heretofore take up matters of wages with their supervisory officers, including heads of divisions. If dissatisfied with the ruling received, they may then submit their claims through the American Federation of Labor to the Wage Board. If the Governor, after having received the report of the Wage Board, disapproves the request in whole or part, it shall not be resubmitted by the individual to the Governor or the Board, but may again in not less than six months be resubmitted to the Board through the American Federation of Labor local organization. (6) The Board will hold regular meetings on the first Monday of each month, and such additional ones as are necessary. Requests by heads of divisions and departments, or by the American Federation of Labor for change in wages should be submitted to the Governor at least 10 days before the meeting at which they will be considered. All requests, whether from the American Federation of Labor or from heads of divisions and departments shall be submitted to the Board through the Governor, and all replies by the Board shall be to the Governor. The Board, however, may, in considering rates of pay, ask for such information orally or in writing from any Canal employee as may be necessary or desirable. |