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B-205126 1 (1983-11-29)

handle is hein.gao/gaobadlki0001 and id is 1 raw text is: THO COMPTROLLER GENERAL DECISION (.(-.). OF THE UNITEO STATES FILE: B-205126 DATE: November 29, 1983 MATTER OF: Panama Canal Commission - Applicability of Fair Labor Standards Act to Firefighters Previously Employed as Police Officers DIGEST: Panama Canal Commission requests a decision as to whether firefighters who were employed prior to October 1, 1979, as police officers are entitled to over- time pay under the Fair Labor Standards Act (FLSA). These employees are now being paid at the same basic pay rate they received as police officers, plus 25 percent premium pay for standby duty under Title 5. We hold that these employ- ees may not be paid under the FLSA. The Kgrandfather clause of the Panama Canal Treaty of 1977, and the Panama Canal Act of 1979 does not cover these employees since their pay has not been reduced. Thus, their current terms and conditions of employment are no less favorable than they were prior to the passage of the Treaty and the Act. Mr. Fernando Manfredo, Jr., Acting Administrator, Panama Canal Commission, has requested our decision as to whether 11 Commission employees are entitled to overtime payments in accordance with the provisions of the Fair Labor Standards Ac: (ELSA). The employees formerly served the Panama Canal Zone Government and later the Panama Canal Commission as police officers, and were placed in fire- fighter positions as a result of a reduction in force (RIF). For the reasons discussed below, we hold that these employ- ees are not entitled to be paid overtime in accordance with the FLSA. BACKGROUND Prior to October 1, 1979, the employees of the Panama Canal Company and the Canal Zone Government were eligible to be paid overtime pursuant to either Title 5 of the United States Code or the FLSA, 29 U.S.C. § 201-219 (1976), which- ever provided a greater pavment. Under Title 5, che fire- fighters, who work three 24-hour shifts each week, were entitled to receive basic compensation for 40 hours of duty ....l75

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