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B-178653 1 (1973-08-06)

handle is hein.gao/gaobaadjp0001 and id is 1 raw text is:              *                             I



                       COMPTIiOLLER GENE lA.L OF THE UNiTTIED UTATES
                                 WAIHIW3TO0 fl.C, M4

      7                               Augat 6, 1973



      Ltnte=aat Oearl IMai Thflhip., U1VA?
      Director
      National Security Agaur.Y
*     r.it Ceorge Op Knadep Maryland 2V$$

      Rear General Thihlfp.A

          We refer to the letter of Ray 1, 1973 serlals 13/66173, from your
      PIrector of Civiliau lPeraomel, requesting our deislon as to whothot
      certain enployees of tho Jitional frcurity M.ecy arej-entitl'e' to neicht
      A.ferential paY/for vork they ame pirforratn uudor stited circtustance.
      Specifically qut)tioned is whether the night work involved coeo witha
      t muxnLng of rogularly shaoduled work as that texn. is used In sec
      tion 3545(a) of title 5 of the United State* CodO.

          The Director of Civilian Porolnne states the sitmation as follova

               1, lork starts in vry c a   after 6 peu, Work could
          start *a late as 12 pom., but usually begins batoun S poi.
          and 10 pam. However, tha epecific starting tine varies due
          to circustauces beyond our control, T.ese Gtural &chedulo
          emloyeos work B hours per nislht, S nitLu po inek,,
               2.  Wm vor   arraneut has been Iu existence dince
          February 1973 and will continue Jndefinitoly. Tha erployees
          have been vorking r utarly Sunday throtat Tutlady tv ghts,
          but this Is subject co possible chang anI m7 not noe as-
          earily be couaecutive night: (the employkeJ would knoti' enor-
          ally 24 hours in advance of any chanae), AddLl;ionally, tha
          euqloyees are generally provided 24 hours advaci ttite as
          to the specific tim to report for duty.

          Recauve the stat'aory authority for the puymoat of ulgM di~ffrontial,
     S U.S.C. 5345(a), provides that such diffaront!l may be paitl, only fox the
     performan,-tf regularly scheduLed work bet-na to lhours (if, 6 p.m..and
     6 semew, doubt exists as to whsthor emloyees vorkkhg under thi  boveotated
     *ircumfnces me ntitled to niaht differential mince they s1e not start
     In& work at the same time every nht, evia 6hoaua t.h y are ptrovxin& such
     wrk oa r ulax bass




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