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B-177032 1 (1972-12-05)

handle is hein.gao/gaobaddvj0001 and id is 1 raw text is: c.1 COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 M411 5-177032 December 5, 1972 Dear Mr. Pellarsi: We refer to your letter of September 12, 1972, requesting our determination as to whether employees of the Border Patrol, a component of the Immigration and Naturalisation Service, are en- titled to overtime compensation in accordance with the provisions of 5 U.S.C. 5542 under the circumstances recited therein. You indicate that the Border Patrol agents concerned are assigned to duty at the El Centro, California headquarters, but that for more than one-half of their regular workdays they are assigned to either of two regular traffic checkpoints, both of which are located some 35 to 37 miles distance from headquarters. These two checkpoints are manned 24 hours a day and agent assign- ments are generally made 3 to 4 days in advance. Before reporting to a regular traffic checkpoint, agents are required to report to headquarters to receive special instructions or last minute changes of assignments, to check out Government vehicles and to perform the other functions enumerated in your letter, all of which are preliminary to their departure by Govern- ment vehicle to the assigned checkpoint. They then drive the Government vehicle to the checkpoint upon arrival at which their regular 8-hour tour of duty commences. At the end of those 8 hours they return by Government vehicle to headquarters, park the vehicle, perform maintenance functions with respect to the vehicle, write and file reports of the day's activities, and perform the addi- tional ministerial functions described in your letter. You indicate that agents are not permitted to drive their own vehicles to the checkpoints or to bypass their chores at head- quarters. You further indicate that the responsibilities at headquarters consume 10 to 15 minutes prior to departure for a checkpoint and a like amount of time after returning to head- quarters; and further that 45 to 50 minutes are required to travel in each direction between headquarters and the checkpoints. Thus, agents perform such duty and travel for a total of approximately 2 hours on each day they are assigned to a regular checkpoint. Prior to May 7, 1970, four shifts of agents were assigned to each of the checkpoints, requiring each agent to spend 6 hours at PUBLISHED DECISION 52 ComD. Gen-

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