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B-194568 1 (1980-02-15)

handle is hein.gao/gaobadjbg0001 and id is 1 raw text is: B-194568 THE COMPTROLLER OENERAL? LT OF THE UNITED BTATES WASHINGTON. 0.C. 20548 DATE: February 15, 1980 MATTER OF: Michael J. Murphy, Frank R. Doud -flaim for Overtime CompensationE DIGEST: Customs Dog Handlers not entitled to 2 extra days overtime pay for work performed on Sundays and A holidays under provisions of 19 U.S.C. §§ 267, 1451, where duties assigned are investigative in nature and not directly related to Customs services required by law. Agency has historically drawn distinction between enforcement duties and required customs inspection functions, and determination to pay overtime based on position classification when duties are not clearly inspectional is within discretion of the Secretary of the Treasury. This action is in response to a claim by Michael J. Murphy and Frank R. Doud for overtime compensation at the rate speci- fied in -section 5 of the act of February 13, 1911, ch. 46, 36 Stat. 901, 19 U.S.C. § 267 (1976), as extended by the act of June 3, 1944, ch. 233, section 1, 58 Stat. 269, 19 U.S.C. § 1451 (1976) (1911/1944 Act overtime). Mr. Murphy and Mr. Doud are United States Customs Service Dog Handlers. As such, they contend that they are entitled to overtime at a higher rate than that paid them under the provisions of the Federal Employees Pay Act of 1945 (FEPA), 5 U.S.C. §§ 5542 and 5546 (1976), for work per- formed on Sundays and holidays in 1975. The employees, whose regular tours of duty do not include Sunday, are claiming the difference between the two rates of compensation, or $1, 550. 24, for Mr. Murphy and $3,174.20 for Mr. Doud. Section 267 of Title 19 provides in pertinent part that: The Secretary of the Treasury shall fix a reasonable rate of extra compensation for over- time services of customs officers and employees who may be required to remain on duty between the hours of five o'clock postmeridian and eight o'clock antemeridian, or on Sundays or holidays, to perform services in connection with the lading or unlading of cargo, or the lading of cargo or merchandise for transportation in bond or for exportation in bond or for exportation with benefit k145-%4 DECI8ION FILE:

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