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B-199129 1 (1981-03-05)

handle is hein.gao/gaobadjej0001 and id is 1 raw text is: 




                                  \. THE COMPTROLLER GENERAL

              DECISION                OF THE UNITED       STATES
                                      W AS H ING TON  . .C. 205469




              FILE: B-199129               DATE: March 5, 1981

              MATTER OF: Dewayne E. Ehret - P§ento '-fNight Dif-
                          ferential

              DIGEST:
                          1. Employee of FCC performed nightwork
J Iin connection with temporary duty
                              assignments every month or so. In
                              the absence of established tour in-
                              cluding nightwork, employee may be
                              paid__night differential under 5 U.S.C.
                              § 5545(a) if it is considered reg-
                              ularly scheduled. That it was per-
                              formed during temporary duty or on
                              overtime does not affect the employee's
                              entitlement to night differential.

                          2. Employee's claim for night differen-
                              tial is based upon approximate schedule
                              since no records were kept by super-
                              visor or employee. Supporting evidence
                              such as schedules, time and attendance
                              reports, personal diaries, etc. are
                              acceptable evidence. However, where
                              direct verification of hours worked
                              may be obtained through other official
                              records, those records should be ex-
                              amined before the claim may be paid.

                 This action is in response to a request from
            Wayne B. Leshe, Chief Accountant and an authorized'
            certifying officer with the Federal Communications
            Commission (FCC), for  decision concerning the claim
            of Mr. Dewayne E. Ehret for additional compensation
            for 118 hours of night differential pay in connection
            with certain enforcement monitoring activities he per-
            formed during periods of temporary duty7\

                 Mr. Ehret's claim arises in connection with his
            performance of duties as an engineering technician
            assigned to the Detroit, Michigan, Special Enforce-
            ment Facility. The Field Operations Bureau of the
            FCC maintains five offices known as Special En-
            forcement Facilities (SEF) throughout the United
*States.             The Special Enforcement Facilities each

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