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B-210442 1 (1983-09-02)

handle is hein.gao/gaobadlhj0001 and id is 1 raw text is: *TNHE COMPTROLLER GENERA L OECISION OF THE UNITE =TATIE WA13HINQTON. D. C. 20548 U~NIT W FILE: B-210442 DATE: September 2, 1983 MATTER OF: Customs Inspectors - Overtime Compensation - Aggregating Separate Periods of Overtime DIGEST: Customs Service requests decision whether an inspector's overtime assignments from 9:30 p.m. to 10:30 p.m. Sunday, and from 12:45 a.m. to 1:45 a.m. Monday, may be considered continuous so as to limit his overtime entitlement to 1/2 day's pay for each assignment. We conclude that under current Customs regulations the Monday assignment is not a continuation of the Sunday assignment, and the inspector is entitled to 1-1/2 days' pay for the Monday assignment. ISSUE The issue in this decision involves whether a Customs inspector's overtime assignments from 9:30 p.m. to 10:30 p.m. Sunday and from 12:45 a.m. to 1:45 a.m. Monday may be considered continuous so as to limit his overtime entitle- ment under the provisions of 19 U.S.C. S 267, and the imple- menting regulations. For the reasons that follow, we hold that under existing regulations the Customs Service may not treat such assignments as continuous service. BACKGROUND This decision is in response to a request from the Honorable Alfred R. DeAngelus, Acting Commissioner of Customs, U.S. Customs Service. This decision is being handled under our labor-management procedures contained in 4 C.F.R. Part 22 (1983), and we have received comments on this matter from the National Treasury Employees Union. This question involving an interpretation of the Customs Service regulations governing overtime entitlement arose from a grievance filed by a Customs inspector which was denied by tne agency. The inspector worked on Sunday from 12 noon to 8 p.m., and from 9:30 p.m. to 10:30 p.m., and finally from 12:45 a.m. to 1:45 a.m. Monday. Under the applicable statute and regulations, he was paid 2 days' pay

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