United States v. Kelly et al. (342 U.S. 193)
U.S. Supreme Court · decided January 2, 1952 · Supreme Court Database (Spaeth)
- Citation
- 342 U.S. 193 · 72 S. Ct. 213
- Docket
- No. 209
- Argued
- November 30, 1951
- Decided
- January 2, 1952
- Term
- October Term 1951
- Vote
- 6–3
- Majority author
- Justice Minton
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Justice Frankfurter, Justice Douglas, Justice R. H. Jackson, Justice Burton, Justice Clark, Justice Minton (wrote)
- Dissenting
- Chief Justice Vinson, Justice Black, Justice Reed (wrote)
Opinion excerpt
Mr. Justice Minton delivered the opinion of the Court. The Court of Claims awarded judgment to respondent, a per diem employee of the Government Printing Office, 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. Thus, respondent was held entitled to the aggregate of: 1. His regular compensation for the days worked; 2. Fifty per cent of his regular compensation as premium pay; 3. A full day’s compensation as gratuity pay. The.Government sought review of that part of the judgment which awarded gratuity pay to respondent and others like him, and we granted certiorari, 342 U. S. 808. Respondent’s compensation was fixed by a wage agreement which provides in pertinent part: “Holiday Rate. Employees required to work on a legal holiday or a special holiday declared by Executive Order shall be paid at the day rate plus 50 per cent for all the time actually employed in addition to their gratuity pay for the holiday as provided by ' law . . . .” By a 1938 Resolution, the applicable law during the period in question, Congress provided that whenever per diem employees were “relieved or prevented from working solely because of the occurrence of” holidays declared by statute or executive order, “they shall receive the same pay for such days as for other days on which an ordinary day’s work is performed.” The…
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