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B-213931 1 (1984-06-21)

handle is hein.gao/gaobadltg0001 and id is 1 raw text is: OECISION . OP THU UNITED STATU' 4' WASHIN GTON. 0.C. 20548 FILE: B-213931 DATE: June 21, 1984. MATTEOF National Federat ion of, FederaL, BEployees , . Local 387.-. Overtime Compesation, f -. Firefighters DIGEST: Firefighters who work two 24-hour and one 12-hour shift in each administrative work- week and receive premium pay on an annual basis for regularly scheduled standby duty are precluded from receiving additional overtime pay for work, in excess of 8 hours a day that is part of their regularly scheduled administrative workweek. How- ever, they may be entitled to receive com- pensation under the Fair Labor Standards Act, at a rate of not less than one and one-half times their regular rate for all hours in excess of 108 hours in a biweekly pay period. This action is in response to a request from Mr. James M. Pierce, President, National Federation of Federal Employees, for a decision on whether Federal fire- fighters who are receiving premium pay as authorized by 5 U.S.C. S 5545(c)(1) for regularly scheduled standby duty, are entitled to additional overtime pay under 5 U.S.C. S 5542(a) for work scheduled in advance in excess of 8 hours a day. This matter has been presented under our procedures set forth at.4 C.F.R. Part 22,(1984) for decisions on appropriated fund expenditures which are of mutual concern to Federal agencies and labor organiza- tions. In view of the applicable provisions of law, fire- fighters who receive premium pay on an annual basis for regularly scheduled standby duty are precluded from receiving additional overtime pay under section 5542(a) for work that is part of an employee's regularly scheduled administrative workweek. The firefighters at the Veterans Administration Medi- cal Center, Northport, New York, are regularly scheduled during an administrative workweek to work a tour of duty of 60 hours consisting of two 24-hour shifts and one Oac 3 I

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