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B-185022 1 (1976-06-02)

handle is hein.gao/gaobaddlh0001 and id is 1 raw text is: FILE: . THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D. C. 20548 1 NITtV DATE: JUN 2 B-185022 1976 MATTER OF: Clara A. Day - Sunday premium pay for hours worked on unofficial tour of duty DIGEST: . T Veterans Administration telephone operator appealed settlement that disallowed claim for Sunday premium pay for period 1968 to 1973. Employee's official hours were 12 midnight to 8 a.m. Monday but she worked unofficial hours of 11:30 p.m. Sunday to 7:30 a.m. Monday. Because unofficial hours do not satisfy criteria of regularly sched- uled work required by 5 U.S.C. S 5546(a) governing Sunday premium pay, employee is not entitled to Sunday pay and settlement is sustained. This action involves an appeal by Ms. Clara A. Day, a telephone operator employed by the Medical Administration Service of the Vet- erans Administration, Wadsworth Hospital Center, Los Angeles, Cali- fornia, of a settlement certificate dated August 8, 1975, issued by our Claims Division which disallowed her claim in the amount of $1,615.44 for Sunday premium pay during the period April 7, 1968, to April 11, 1973. The employee claims Sunday premium pay during that period based on performance of an unofficial tour of duty which apparently began at 11:30 p.m. Sun ay evening and ended at 7:30 a.m. Monday morning. In support of her claim, Ms. Day has submitted personal records and statements from co-workers as evidence that she did perform the unofficial tour of duty during the period of the claim. However, an agency review of official time and attendance reports for the period reflect that she performed duty from 12 mid- night to 8 a.m. Monday with no duty being performed on Sunday. Further, Ms. Day, in a letter to this Office received September 5, 1975, concedes that during the claim period her regular scheduled hours of duty were from 12 midnight to 8 a.m. but contends that she was assigned the unofficial tour of duty. Entitlement of an employee to Sunday premium pay is governed by 5 U.S.C. § 5546(a) which provides: 1 5546. Pay for Sunday and holiday work (a) An employee who performs work during a regularly scheduled 8-hour period of service DECISION t,

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