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B-198260 1 (1981-09-29)

handle is hein.gao/gaobadjtg0001 and id is 1 raw text is: DECISION FILE: B-198260 MATTER DIGEST: THE COMPTROLLER GNERAL OF THE UNITEO STATES WASHINGTON. D.C. 20548 DATE: September 29, 1981 OF: Monroe A. Curtis -/ Night differ- ential while working variable tour Army White Sands Missile Range often assigns General Schedule employees to variable tour when hours of work will change frequently. While assigned to a variable tour, an employee frequently performs overtime and nightwork. White Sands considers any overtime involved to be regularly scheduled, but it con- siders night differential to be regularly scheduled only when an employee works two or more periods of nightwork in a week. Under the circumstances we hold that any nightwork performed during a variable tour is also regularly scheduled, since it occurs with the same frequency or regularity as does the overtime worked by the employee. The issue in this decision is whether an agency may deny night differential pay to employees working on a variable tour schedule unless the employees have worked at least 15 minutes between the hours of 6 p.m. and 6 a.m. on 2 different days during a workweek. We hold that, since the agency considers any overtime work performed while on this variable tour to be regularly scheduled for the purposes of paying overtime in lieu of compensatory time, the agency must also pay night differential for work performed between 6 p.m. and 6 a.m., even if there is only one instance of such work during a workweek. This decision is in response to a request from C. K. Hardy, Finance and Accounting Officer, U.S. Army White Sands Missile Range (White Sands), concerning the claim of Mr. Monroe A. Curtis for night differential pay for work performed between the hours of 6 p.m. and 6 a.m. Mr. Curtis, a Range Controller at White Sands, is periodically assigned to what White Sands calls a

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