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B-151168 1 (1976-05-25)

handle is hein.gao/gaobaddmm0001 and id is 1 raw text is: FILE: B-1511 MATTER OF: DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 V IT9 DATE: y 2 5197 6 (Aq1'I L68 'I Claims for overtime performed during Sky Marshal Program 1. Secret Service agents temporarily assigned to Sky Marshal Program claim time and one-half overtime for inflight duty beyond normal duty hours. Airlines, rather than employing agency, prepared flight schedules for agents 1 to 4 weeks in advance. Since overtime was scheduled in advance and recurred at frequent intervals it may be considered regularly scheduled and thus compensable at time and one-half rates under 5 U. S. C. S5542 (Supp. IV, 1974). 2. Secret Service agent supervisors temporarily assigned to Sky Marshal Program were scheduled to 12-hour duty shift Monday through Friday and 8 1/2-hour duty shift on weekends. Overtime was clearly scheduled in advance and recurred at frequent intervals. Thus, it may be considered regularly scheduled and compensable at time and one-half rates under 5 U. S. C. §5542 (Supp. IV, 1S74). This action is in response to a request dated September 3, 1975, for an advance decision from Mr. Duncan Calcote, an authorized certifying officer of the United States Secret Service, Department of the Treasury, reference 250. 3, x 600. 0, whether he may pay the claims of various Secret Service agents for overtime performed during the Sky Marshal Project on the basis of the decision in Rothgeb et al. v. Stauts et sl., Civil No. 4082 (S. D. Chio 1974). The record indicates that beginning September 1970 Secret Service agents as well as agents from the Internal Revenue Service (IRS) and the Bureau of Customs were assigned to serve as security guards or sky marshals in the Federal program to deter airline hijackings. Secret Service supervisors were scheduled to work from 8:30 a.n. to 8:30 p.r., M11onday through Friday, and from 8:30 a.m. to 5:30 p.m. Saturday and Sunday, and were required to be on stand-by status the remainder of the time. All non-super- visory Secret Service agerts were scheduled to be on stand-by status from 8:30 a. m. to 4 p. r., and were required to be available for assignment the remainder of the day. I,

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