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B-205118 1 (1982-03-08)

handle is hein.gao/gaobadkde0001 and id is 1 raw text is: // - THE C MPTROLLER or THE UNIT3I WAS Ho N G T D N, 0atC0, 20 5 4 0 FILE; B-205118 DATE: MIarch 8, 1982 MATTER OF . Charles F, Callis and others DIGEST; i: aimants who were employed as Suipervisory Customs Inspectors were requiredt1to respond to electronic beeper or to telepbone calls in order to attend to official M4gtters, such as arranging inspections by customs inspectors, whichi arose after regular duty bqi4rs. They are not entitled to premium pay Vijder 5 US.C. § 5545(c)(1) snce their residencs bad not been designated as their duty stAtlon and since their activities were not substantially restricted* Employees' on call stattus would not be considered hours of work for paynent of overtime under 5 U.S.C. § 55421 2v Supervisory Customs Inspectors who qerved as Duty Supervisors after regular duty ho'ars and were required to receive and make tele- phone calls fromti home or elsewhere to carry out official business may not be paid overe time under 5 US.C. § 5542-where each call was limited to one minute in duration. Over- time pay maybe allowed only if it is shown that employees worked a continuous, period equal to the Agency's minimum poriod for computing overtime on one or a series of telephone calls. This matter concerns the appeal by Messrs. Carles P. Callis,'Ry B. Carawan and Ralph J. Cates of the action of our Claims Group which, by Certificates of Settlement dated August 20, 1981, disallowed their claims for oevrtime and annual premium pay for standby duty at home and for overtime compensation for time spent at home conducting official business over the telephone. For the reasons set forth below, the disallowance by the Claims Group is sustained. Messrs. Callis, Carawan and Cates (claimants) are Super- visory Customs Inspectors with the Customs Service, Norfolk District, Norfolk, Virginia. On a rotating basis they were 13TAT F-S

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