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United States v. Kelly, 342 U.S. 193 (1952)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
CERTIORARI TO THE COURT OF CLAIMS
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. 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. 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. 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. 196.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Kelly, 342 U.S. 193 (1952) in 342 U.S. 193 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=KLRZMKHBMZDCSFN.
MLA: U.S. Supreme Court. "Syllabus." United States v. Kelly, 342 U.S. 193 (1952), in 342 U.S. 193, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=KLRZMKHBMZDCSFN.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Kelly, 342 U.S. 193 (1952). cited in 1952, 342 U.S. 193. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=KLRZMKHBMZDCSFN.
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