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B-198035 1 (1980-05-27)

handle is hein.gao/gaobactyg0001 and id is 1 raw text is: GAO United States General Accounting Office Office of Washington, DC 20548 General Counsel In Reply Referto: B-1-98035 May 'd?, 195O 1r, Stephen 1. De Wire, Pretident International Associarion of Fire Fighters Local No, 91 Post Office Box 763 np ieo maco avaatble to jblio tditg Silver Spring, Maryland 2090! ' Dear .r. De tre: We refer to your undated letter, received here on February 29, 1980, requesting the Comptroller General to Isue an opinion on whether the Federal Aviation Administration (FAA) is correctly figuring the rate of payment for firefighters performing overtime. While this is not a decision the following information iv prQvided for .your assistance. The basic contention in your letter appears to be that the FAA is arbitrarily interpreting the provisions of the Fair Labor Standards Act (FLSA) and is not paying firefightern at an appropriate hourly rate for overtime. You indicate that your requests for an explanation from the Chief of Payroll as to the manner in which the overtime rate is deter- mined have not produced any satisfactory explanations. Your belief is that firefighters are entitled to be paid the highest rate allowed by law and that the overtime rate under t;tle 5, United States Code, exceeds the rate being paid firefightern presently under the provi- stcns of thc FLSA. Under 29 U.S.C. § 204(f) -(1976), the Office of Personnel Management (forverly Civil Service Commission) is the agency charged with administering the FLSA for most Government employees. Regarding Government employees 'ngaged in firefighting, the Civil Service Com- mission recognized tie need for c::planatory material relevant to their overtire entitlcwontc and issued J Attachrent 2, 3, and 4 to Federal Ptersonnol lanual (FPM) Letter 551-5 (January 15, 1975). Attachment 2 explains the method for determining a ftrefE!hter's entitlement to overtime tunder FLSA. Tlts method of computation was apnrovecin 55 Comp. Gen. 908 (1976). Attachment 3 explains a fire- fighter'' cntiterient to overtine under title 5, Unfted States Code. This enlination Is consistent uith pre'ow;s interpretations of t Lt lc 3 e::ttt l >v r-; hm~ e':! If 10: rI.t.Ia Lan 1B-178613, .ulv ,t !3. Attachment 4 sets forth vario us exan'les comparing a firefighter's L *044,4

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