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B-197489 1 (1980-06-12)

handle is hein.gao/gaobadiiq0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION .OF THE UNITED STATES WASHINGTON. 0. C 20548 FILE: B-197439 DATE: June 12. 1980 MATTER OF: Robert Zolczer, Michael Smith, Dennis O'Scier Claim for Overtime Compensation7 DIGEST: Customs employees are not entitled to 2 extra days overtime pay for work performed on holiday under provisions of 19 U.S.C. §§ 267, 1451, where merchandise had already crossed border and duties performed were done on holiday to expedite paperwork for benefit of importer and not directly related to Customs inspection of merchandise as required by law. This decison is in response to a request for an advance decision by an authorized certifying officer of the Department of the Treasury, U.S. Customs Ser- vice. The request concerns the question of whether three U.S. Customs employees, Robert Zolczer, Micnael Smith, and Dennis O'Scier, are entitled to overtime compensation at the rate specified in section 5 of the Act of February 13, 1911, ch. 46,(36 Stat. 901, 19 U.S.C.eg 267 )(1976). The employees contend that they are entitled to the higher rate of overtime in that Act instead of that paid them under the pro- visions of the Federal Employees Pay Act of 1945 (FEPA), 5 U.S.C. §§ 5542 and 5546 (1976), for work performed on a holiday, February 20, 1978. A Customs Service grievance examiner held in favor of the employees based on the advice of a Customs attorney. The agency has denied payment on the basis that the employees' duties were not related to the lading or unlading of merchandise. The pertinent statutes are sections 267 and 1451 of title 19, United States Code. Section 267 of title 19 provides for 2 additional days pay for Customs officers and employees who are required to work on Sundays or holidays. Section 1451 of title 19 pro- vides for the assignment of Customs officers and employees at night or Sundays and holidays upon the request of Custom brokers and others. In addition

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