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B-201530 1 (1981-06-30)

handle is hein.gao/gaobadjnj0001 and id is 1 raw text is: B-201530 e 'o k, MATTER OF: Sunday premium pay - Employees at US Army Communications Command, Detroit DIGEST: Midnight shift employees at US Army Communications Command, Detroit, whose tour of duty is from 2345 Sunday to 0745 Monday are entitled to Sunday premium pay for entire 8-hour period since there is no requirement in 5 U.S.C. § 5546(a) (1976) for performance of minimum period of Sunday work as condition of entitlement to premium pay benefits. The Chief, Accounting and Finance Division, US Army Tank- Automotive Command, Warren, Michigan, has requested an advance decision whether seven general schedule civilian employees at the US Army Communications Command, Detroit, whose regularly scheduled tours of duty include duty from 2345 Sunday to 0745 Monday, are entitled to Sunday premium pay for that entire 8-hour period. The answer is yes. The facts are as follows. The tour of duty of the midnight shift at the US Army Communications Command, Detroit, is from 2400 to 0800 6 days a week, and 2345 Sunday to 0745 Monday. The Sunday schedule was adjusted to ensure continuity of opera- tions between the afternoon and midnight shifts. The midnight shift employees now are claiming entitlement to premium pay for the entire 8-hour period of duty beginning at 2345 Sunday. No Sunday premium pay has been paid to any of the employees. Entitlement to Sunday premium pay is based on 5 U.S.C. § 5546(a) (1976), which provides: An employee who performs work during a regularly scheduled 8-hour period of ser- vice which is not overtime work as defined by section 5542(a) of this title a part of which is performed on Sunday is entitled to pay for the entire period of service at the rate of his basic pay, plus premium pay at a rate equal to 25 percent of his rate of basic pay. The position of the Command has been that the regulation implementing the statute, 5 C.F.R. § 550.171 (1980), and the Standard Army Civilian Payroll System, Chapter 3, para- graph 3-6(f), authorize premium pay only for each complete )7/~ ~ DECISION FILE: THE COMPTROLLER GENERAL OF THE UNITEO STATES WASHINGTON. D.C. 20548 DATE: June 30, 1981

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