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B-201294(JAB) 1 (1981-07-16)

handle is hein.gao/gaobacuvz0001 and id is 1 raw text is: 



                     UNITED STATES GENERAL ACCOUNTING OFFICE
                             WASHINGTON, D.C. 20548


OFMC OF GENERAL COUNSEL                                   B-201294 (JAB)


                                                        July 16, 1981




          Mr. John M. Paolino
          Vice President, Great Lakes Region
          Professional Air Traffic Controllers
            Organization
          Suite 102/125 South Wilke Road
          Arlington Heights, Illinois   60005

          Dear Mr. Paolino:

               This is in response to your request  for our interpretation
          concerning Yntitlement to premium pay in three  fact situation .

               The first situation you present is where  an employee com-
          mences two shifts on a Sunday, both regularly  assigned as part
          of the normal shift rotation.  He works a 0700  to 1500 shift on
          Sunday and then returns to work at 2345  for fifteen minutes of
          scheduled overtime prior to working the 0000 to 0800  shift on
          Monday.  You have asked whether such an employee  is entitled
          to Sunday premium pay.

               Entitlement to Sunday premium pay is based on  5 U.S.C.
          § 5546(a) (1976), which provides:

               An employee who performs work during a  regularly
               scheduled 8 hour period of service which is not
               overtime work as defined by section 5542(a) of
               this title a part of which is performed on Sunday
               is entitled to pay for the entire period of  ser-
               vice at the rate of his basic pay, plus premium
               pay at a rate equal to 25 percent of his basic
               pay.

               According to 5 U.S.C. § 5542(a)  hours of work officially or-
          dered or approved in excess of 40 hours in an administrative  work-
          week, or * * * in excess of 8 hours in a day, performed by  an em-
          ployee are overtime work...  Since 15 minutes of work performed

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