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B-196563 1 (1980-09-03)

handle is hein.gao/gaobadinq0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION IOF THE UNITED STATES WASHINGTON, D.C. 20548 'N IT FILE: B-196563 DATE: September 3, 1980 MATTER OF: Customs Special Agents - Overtime Compensation for Surveillance Activit DIGEST: Surveillance operation performed by Special Agents of U.S. Customs Service was authorized, assigned in advance, and scheduled to recur on successive days, but time intervals were not predictable and the hours worked did not follow any discernible pattern. Thus, the overtime was not regularly scheduled and the agents may not be compensated for regularly scheduled overtime under 5 U.S.C. S 5542 in addition to annual premium pay for administratively uncontrollable overtime pursuant to 5 U.S.C. § 5545(c)(2) (1976). This action is in response to a reguest from Alexander Faison, Director of the Office of Human Resources U.S. Customs Service, for a decision cEncerning a grievance filed by three Special Agents of the U.S. Customs Service in which they seek additional overtime compensation for surveillance work. The central issue is whether these Special Agents are entitled to compensation for regularly scheduled overtime in addition to their annual premium pay for administratively uncontrollable overtime.Dn deciding this question, we are asked to consider whether scheduled over.time must occur within the same time period on successive days The record indicates that the office to which the Special Agents were assigned decided to conduct a 4-day surveillance operation. Soon thereafter, a work schedule was established and provided to each one of the agents. The schedule was subsequently revised and the agents received notification of the changes prior to commencement of the surveillance operation. Once the surveillance was underway, it became necessary to amend the schedule again. During the period in which the overtime was worked, all three agents were being compensated under the provisions of 5 U.S.C. § 5545(c)(2) (1976) for administrative uncontrollable overtime. Generally, surveillance work has been viewed as uncontrollable since, by nature, it

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