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B-231380 1 (1989-02-08)

handle is hein.gao/gaobadnjk0001 and id is 1 raw text is: 


The Comptroler General
of the United States
Washington, D.C. 0548

Decision

           Customs Service - Data Transcribers - Overtime
Matterof:  Compensation

File:      B-231380

Date:      February 8, 1989


DIGEST

The duties of Customs Service SELECTO data transcribers
only involve entering data from an entry package to a
computer, and such work does not qualify as the performance
of inspectional services under 19 U.S.C. SS 267, 1451
(1982). These employees are entitled to overtime only under
5 U.S.C. SS 5541 to 5549 (1982).


DECISION

This decision is in response to a request from the Acting
Commissioner, United States Customs Service, concerning the
entitlement of certain Customs Service data transcribers to
overtime compensation under 19 U.S.C. S 267 (1982) or
5 U.S.C. SS 5541-5549. We conclude that they are entitled
to overtime under the provisions of title 5, United States
Code, only.

BACKGROUND

The Customs Service has historically authorized overtime
under the 1911 Customs overtime law, 19 U.S.C. S 267 as
extended by 19 U.S.C. S 1451 (1982), when Customs Service
employees perform overtime service in connection with the
examination and release of cargo. The agency points out
that in conjunction with this work, SELECT automated
systems have been introduced to facilitate the handling and
processing of data in the  examination/release process. It
has been suggested that since this activity has become so
intertwined with the inspectional process for which overtime
under 19 U.S.C. S 267 is payable, those who perform this
data processing function should also receive the same








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