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B-191623 1 (1978-05-10)

handle is hein.gao/gaobadtss0001 and id is 1 raw text is: 4q (ICg oF'GENERAL COUNSEL * RELEASE*, UNITED STATES GENERAL ACCOUNTING OFFICE 34 WASHINGTON, D.C. 20548 S- ~ IN REPLY REFE T 'O: B-191 623 May 10, 1978 James M. Peirce, President National Federation of Federal Employees 1016 16th Street, N.W. Washington, D.C. 20036 Dear Mr. Peirce: This Office has received your letter dated April 4, 1978, inquir- ing as to the propriety of certain pay practices which you state have been proposed by the United States Forest Service. We infer frbm the attachment to your letter that the Forest Service is considering the possible use of a first-40-hour tour of duty for certain employees. You have inquired whether the proposed action would violate any law inasmuch as the affected employees may be required to work more than 8 hours in a day without being paid 6vertime therefor. We are unable at this time to render aformal decision on the question you have raised. Your inquiry relates to a proposed pay practice and, without a specific. case or example, any decision now would be speculative on our part. However, the following informa- tion is provided in order-to be of assistance to you. The basic statutory authority to establish workweeks for Federal employees is contained in 5 U.S.C. 6101 (1970). That authority is implemented by Part 610 of chapter 1, title 5, 'Code of Federal Regu- lations. Specifically, 5 C.F.R. 610.11(b) provides: When it is impracticable to prescribe a regular schedule of definite hours of duty for each work- day of a regularly scheduled administrative work- week, the head of an agency may establish the first 40 hours of duty performed within a period of not more than 6 days of the administrative workweek as the basic workweek, and additional hours of official- ly ordered or approved duty within the administrative workweek are overtime work . We have held that these regulations premitdan agency to place any employee on a first-40-hour workweek upon a determination that it is impracticable to prescribe a regular schedule of definite hours of t ..% . ... ....

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