United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Kelly, 342 U.S. 193 (1952)

United States v. Kelly

No. 209

Argued November 30, 1951

Decided January 2, 1952

342 U.S. 193

Syllabus

Under the applicable wage agreement quoted in the opinion and the Joint Resolution of June 29, 1938, 5 U.S.C. § 86a, granting per diem employees of the Government gratuity pay for holidays on which they are prevented from working, per diem employees of the Government Printing Office who were required to work on holidays during World War II are entitled to aggregate pay therefor at the rate of 2 1/2 times the regular rate. Pp. 342 U. S. 193-196.

(a) Merely because the Resolution itself may not award gratuity pay for holidays worked is no ground for vitiating a wage agreement that does. Pp. 342 U. S. 194-195.

(b) A different result is not required by the Presidential Directive of May 12, 1943, that, for the duration of the war, all holidays except Christmas should be considered regular workdays for government employees. Pp. 342 U. S. 195-196.

119 Ct.Cl.197, 96 F.Supp. 611, affirmed.

The Court of Claims awarded respondent a judgment for premium pay and gratuity pay for work performed by him on certain holidays during World War II. 119 Ct.Cl.197, 96 F.Supp. 611. The Government sought review of that part of the judgment awarding gratuity pay, and this Court granted certiorari. 342 U.S. 808. Affirmed, p. 342 U. S. 196.