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B-191512 1 (1978-10-27)

handle is hein.gao/gaobadgnq0001 and id is 1 raw text is: DECISION FILE: B-191512 MATTER DIGEST: /t t&. \THE COMPTROLLER r~'IAL- 0 r- THE4Ir U NITED V 255 o V.0AS5H IN GlON . L'.. .348 VL -61w DATE: October 2'I 1978 OF: Customs Special Agents - Compensation for Overtime - Regularly Schedule' v. Admin- istratively Uncontrollable Surve)l.ance work performed by Customa Special Agents was authorized and assigned in advance, scheduled to recur on succesdlve days at specific 12-hour intervals, waz predictable, and followed a discernable pattern. Accordingly, the work was regularly scheduled, not admin- istratively uncontrollable overtime, and agents are entitled to overtime compensation at the time and one-half rate and premium pay for nightwork. 5 U.S.C. 5545(c)(2). This action is In response to a request from Ernest J. Elsbery, Jr., authorized certifying officer, U.S. Customs Service, for a decision concerning The claim of three Customs Special Agents for additional compensation for over- time work performed during-a surveillance activity while on temporary duty in Miami, Florida. The request for a decision -also concerns the entitlement to a!'itiorwl compensation of other agents assigned to the same surveillance activity. The recorL indicates that from Tuesday, August 2, 1977, through Tuesday, August 9, 1977, the :liami region of the Customs Service conducted a 24-hour surveillance activity. An informal work roster was prepared in advance by the group supervisor in Miami showing the assignment of each agent for the duration of the surveillance activity. The roster indicates that the agents weri assigned to designated locations for 12-hour shifts, with seven to eleven agents on duty during each shift. Threr agents, ti.e claimants herein, were brought in from the New York regioh and were advised fn advance that they would work the 12-hour night shift (8 p.m. to 8 a.m.). The claimants also note that they were advised that the assignment would last approximately a week. All of the agents involved were receiving administratively uncontrollable overtime (AUO) pursuant to 5 U.S.C. 5545(c)(2), and the agency indicates that no additional cempensation was considered due. In its view, surveillance work is always uncontrollable since, by its nature, it depends upon the - 2 I I

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