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B-197533 1 (1981-04-03)

handle is hein.gao/gaobadjgw0001 and id is 1 raw text is: ,ALEI ~ /,O : -~THE COMIPTROL E GENERAL DEC.,ION( ~ OF THE UNITED STATES ,,WASHINGTON 0. .. 2o48 FILE: B-197533 ! DATE: April 3, 1981 MATTER OF:PartTime Immigration Inspectors--say For Work on Sundays and Holidays DIGEST:Decision B-197533, July 1, 1980, did not change rule set forth in 49 Comp. Gen. 577 (1970) that part-time immigration inspectors are entitled to 2 days extra pay under 8 U.S.C. § 1353a for Sunday and holiday work. Statement in B-197533 July 1, 1980, that part-time inspectors with a regularly scheduled adminis- trative workweek should be compensated for overtime on Sundays and holidays under the Federal Employees Pay Act of 1945 was referring to hours of work in excess of 8 hours on such days. This action is in response to arrequest for an advance decision)by the Comptroller of the un ited States Customs Service, Department of the Treasury, [for a clari- fication of our decision2B-197533, July 1, 1980, insofar as it relates to the Sunday and holiday pay entitlement of part-time immigration and customs inspectors. ,In B-197533 we held that regular part-time immi- gration inspectors are not entitled to the special rate of pay authorized by 8 U.S.C. § 1353a for over- time work between the hours of 5 p.m. and 8 a.m. The Customs Service is concerned that the last paragraph of that decision conflicts with our holding in 49 Comp. Gen. 577 (1970) that part-time inspectors are nonethe- less entitled to the special Sunday and holiday pay authorized, by 8 U.S.C. § 1353a.2As noted in that decision,_the language of the Customs overtime pro- visionos, 19 U.S.C. §§ 267 and 1451,'is similar to that found in 8 U.S.C. S 1353a, and the courts have routinely applied payment of the special rate of overtime in the same manner under both statutes. See Bishop v. United States, 174 Ct. Cl. 31, 38 (1966). 'Our determination in B-197533 was based upon 49 Comp. Gen. 577 (1970) wherein we held that part- time immigration inspectors employed on an intermittent basis are not entitled to additional compensation for

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