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![handle is hein.gao/gaobadjqo0001 and id is 1 raw text is:
DECISION
FILE: B-200670
DATE:
August 14. 1981
MATTER OF: Louise Fung, et al. - Entitlement to Night
Differential 11]
DIGEST:
Four employees, whose schedules were changed
by their supervisor from 8 a.m. - 4:30 p.m.
to 4:30 p.m. - 1 a.m. for a period in excess
of 2 weeks so they could be present during
annual inventory of furniture and equipment,
claim entitlement to night differential pay.
Although prior approval for schedule change
was not received from appropriate official,
employees are entitled to night differential
pay for work performed between 6 p.m. and
6 a.m. 36 Comp. Gen. 657 (1957), distinguished.
The issue in this case is whether employees whose tours
of duty have been changed to night shifts for a period of 2
weeks but without prior approval are entitled to night dif-
ferential pay. We conclude that under the circumstances the
absence of prior approval for the change in tours of duty
will not defeat the employees' entitlement to night differen-
tial pay.
This decision is in response to a request from
Ms. Deborah S. DuSault, Acting Director, Personnel Systems
and Payroll Division, Department of Housing and Urban De-
velopment (HUD), for an advance decision concerning the en-
titlement of Louise Fung, Robert Jones, Richard Cole and
Vaosa Tagaloa to night differential.
The four individuals, employees of HUD Region 9, had a
regular tour of duty from 8 a.m. to 4:30 p.m. For the period
from August 7, 1980, to August 23, 1980, their tour of duty
was changed to 4:30 p.m. to 1 a.m. in order for them to be
present during an annual inventory of furniture and equip-
ment performed by a private contractor. It appears that the
employees' supervisor, Ms. Flora C. Gee, Director of the Ad-
ministrative Services Division for Region 9, assigned the em-
ployees to the new duty tour, but she did not have authority
to change their hours of work. She subsequently requested
approval from Mr. Roderick 0. Symmes, Director of the Office
of Regional Administration. By memo of August 19, 1980,
Mr. Symmes approved Ms. Gee's request for the change in tour
THE COMPTROLLER GENERAL
OF THE UNITEO STATES
WASHINGTON, 0. C. 20548](ViewImageLocal?handle=hein.gao/gaobadjqo0001&div=1&collection=&method=preview&ext=.png&size=3)