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B-196550 1 (1980-06-05)

handle is hein.gao/gaobadihw0001 and id is 1 raw text is: 0LER C'. THE COMPTROLLER GENERAL DECISION . ~ . OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-196550 DATE: June 5, 1980 MATTER OF: William C. Rogers - Compensation for Overtime - Regularly Scheduled v. DIGEST: Administratively Uncontrollable Customs Patrol Officer had tour of duty from 8 a.m. to 4 p.m. and was authorized premium pay for irregular, unscheduled overtime under 5 U.S.C. § 5545. He performed callback surveil- lance duty from 10 p.m. to 3 a.m. on April 27 through 28, 1977, and scheduled surveillance duty from 7 p.m. April 29, to 2:30 p.m. on April 30 (scheduled day off). He is not entitled to payment for regularly scheduled overtime under 5 U.S.C. § 5542 in addition to premium pay since surveillance duty was admin- istratively uncontrollable overtime as it did not occur at such regular intervals as to fall into clear discern- ible pattern. The National Treasury Employees Union, on behalf. of the Estate of William C. Rogers, requests recon- sideration of Mr. Rogers' claim for additional over- time compensation in connection with his performance of overtime duties in April 1977 as a Customs Patrol Officer with the U.S. Customs Service. The claim was disallowed by our Claims Division on July 16, 1979. As a Customs Patrol Officer with the Savannah District, Mr. Rogers was scheduled to work the 8:00 a.m. to 4:00 p.m. shift for the week of April 24 through 30, 1977. On the night of April 28, following completion of his regular tour of duty, Mr. Rogers. was called back to work for purposes of participating in a joint surveillance activity involving several law enforcement agencies. Mr. Rogers performed over- time duty in connection with the particular surveil- lance activity from 10 p.m. to 3 a.m., over April 28, and 29, then from 7 p.m. to 12 p.m. on April 29, and continuously from 12 p.m., to 2:30 p.m. on April 30,

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