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B-199261 1 (1981-01-21)

handle is hein.gao/gaobadium0001 and id is 1 raw text is: L~IR THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WAS H INGTO N. 0D.C. 20548 FILE: B-199261 DATE: Ja uary 21, 1981 MATTER OF: Jack D. Cotterman - Night Differential - Daylight Savings Time DIGEST: FAA employee who normally worked between midnight and 8:00 a.m., but who remained on the job until 9:00 a.m. on the morning following the shift from standard to day- light savings time may not be compensated at the night differential rate for the extra hour worked between 8:00 a.m. and 9:00 a.m. Employee is entitled to payment of night differential only for hours actually worked with statutory exceptions as noted. Since his rights are governed by statute, we need not consider his argument that the payment of premium pay to employees who elect to take an hour of annual leave is inequitable. Mr. Paul E. Trayers, Assistant General Counsel, Federal Aviation Science and Technological Association, the designated representative of Mr. Jack D. Cotterman, has submitted for review the Settlement Certificate issued in response to his claim for night differential incident to his employment with the Federal Aviation Administration (FAA). The question we are asked to decide is whether night differential should be included in the claimant's rate of basic pay for the hour lost due to daylight savings time. The claim is denied for the following reasons. Mr. Cotterman is an electronics technician employed by the FAA at the Air Route Traffic Control Center in Olathe, Kansas. The collective bargaining agreement which covers Mr. Cotterman provides that: When changing to daylight savings time, employees shall be afforded an opportunity to remain on duty for eight (8) hours. On April 30, 1978, the change to daylight savings time was effected, and Mr. Cotterman worked an 8 hour shift between midnight and 9:00 a.m. Employees are paid a night differential for regularly scheduled A-~ 017'

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