United States v. Kelly (342 U.S. 193)/Dissent Reed

Mr. Justice REED, with whom The CHIEF JUSTICE and Mr. Justice BLACK join, dissenting.

The 1938 Resolution refers only to holidays that 'relieved or prevented' work. It requires a gratuity payment to them equal to the regular daily wage. Where work is done, as by these per diem employees, no gratuity is 'provided by law.' Under the wage agreement, however, an employee working should be paid time and a half for holiday work-a premium of fifty per cent more than the gratuity paid to an employee who does not work.

The Government concedes that the wage agreement entitles the employees to this premium pay for work on holidays. In our opinion respondents are not entitled to any gratuity pay, and this has been the consistent administrative interpretation of the Comptroller General. 18 Comp.Gen. 191. It is significant that the journeymen printers acquiesced in this interpretation for eight years after 1938.

We would reverse.