B-68562, SEPTEMBER 2, 1947, 27 COMP. GEN. 148

B-68562, SEPTEMBER 2, 1947, 27 COMP. GEN. 148

COMPENSATION - OVERTIME - CUSTOMS SERVICE EMPLOYEES - STANDARD V. DAYLIGHT SAVING TIME THE PROVISION IN SECTION 5 OF THE ACT OF FEBRUARY 13, 1911, AS AMENDED, FOR THE PAYMENT OF EXTRA COMPENSATION FOR CERTAIN OVERTIME SERVICES PERFORMED BY CUSTOMS EMPLOYEES DURING THE HOURS FROM 5 P.M. TO 8 A.M. IS A STATUTORY PROVISION RELATING TO THE TIME WITHIN WHICH A RIGHT ACCRUES WITHIN THE MEANING OF 15 U.S.C. 262 REQUIRING THAT SUCH TIME BE UNITED STATES STANDARD TIME AND, AS SUCH, IS TO BE REGARDED AS HAVING REFERENCE TO STANDARD TIME, RATHER THAN TO DAYLIGHT SAVING TIME, OF THE PARTICULAR TIME ZONE INVOLVED.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE TREASURY, SEPTEMBER 2, 1947:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 1, 1947, AS FOLLOWS:

YOUR DECISION IS REQUESTED ON THE FOLLOWING QUESTIONS WITH RESPECT TO THE PAYMENT OF OVERTIME COMPENSATION TO CUSTOMS EMPLOYEES UNDER SECTION 5 OF THE ACT OF FEBRUARY 13, 1911, AS AMENDED (19 U.S.C. 261, 267):

1. IN VIEW OF THE ACT OF MARCH 19, 1918 (15 U.S.C. 261-264), IS THE OVERTIME PERIOD OF 5 P.M. TO 8 A.M., PRESCRIBED BY THE 1911 ACT, AS AMENDED, NECESSARILY DETERMINED BY STANDARD TIME? THIS QUESTION ARISES AT PORTS WHERE DAYLIGHT SAVING TIME IS IN EFFECT AND THE REGULAR HOURS OF BUSINESS OF THE CUSTOMS SERVICE ARE 8 A.M. TO 5 XPM. DAYLIGHT SAVING TIME.

IN ORDER TO ELIMINATE THE CONFUSION WHICH RESULTED FROM THE USE OF DIFFERENT METHODS OF MEASURING TIME IN THE UNITED STATES, PARTICULARLY SO FAR AS CONCERNED THE MOVEMENT OF INTERSTATE AND FOREIGN COMMERCE, THE ACT OF MARCH 19, 1918, 15 U.S.C. 261, ET SEQ., PROVIDES FOR THE ESTABLISHMENT OF A " UNITED STATES STANDARD TIME" UPON A BASIS SPECIFICALLY SET FORTH THEREIN. THE DUTY OF OBSERVING SUCH STANDARD TIME IS DEFINED IN SECTION 262 AS FOLLOWS:

WITHIN THE RESPECTIVE ZONES CREATED UNDER THE AUTHORITY OF SECTIONS 261- 264 OF THIS TITLE THE STANDARD TIME OF THE ZONE SHALL GOVERN THE MOVEMENT OF ALL COMMON CARRIERS ENGAGED IN COMMERCE BETWEEN THE SEVERAL STATES OR BETWEEN A STATE AND ANY OF THE TERRITORIES OF THE UNITED STATES, OR BETWEEN A STATE OR THE TERRITORY OF ALASKA AND ANY OF THE INSULAR POSSESSIONS OF THE UNITED STATES OR ANY FOREIGN COUNTRY. IN ALL STATUTES, ORDERS, RULES, AND REGULATIONS RELATING TO THE TIME OF PERFORMANCE OF ANY ACT BY ANY OFFICER OR DEPARTMENT OF THE UNITED STATES, WHETHER IN THE LEGISLATIVE, EXECUTIVE, OR JUDICIAL BRANCHES OF THE GOVERNMENT, OR RELATING TO THE TIME WITHIN WHICH ANY RIGHTS SHALL ACCRUE OR DETERMINE, OR WITHIN WHICH ANY ACT SHALL OR SHALL NOT BE PERFORMED BY ANY PERSON, SUBJECT TO THE JURISDICTION OF THE UNITED STATES, IT SHALL BE UNDERSTOOD AND INTENDED THAT THE TIME SHALL BE THE UNITED STATES STANDARD TIME OF THE ZONE WITHIN WHICH THE ACT IS TO BE PERFORMED.

THE FOREGOING PROVISIONS ARE CLEAR AND UNAMBIGUOUS. SAID LAW REQUIRES THAT THE UNITED STATES STANDARD TIME FOR EACH ZONE BE OBSERVED AS REGARDS THE ACTIVITIES AND FUNCTIONS SPECIFICALLY SET FORTH IN THE ABOVE-QUOTED SECTION 262. CF. B-66366, JUNE 12, 1947, 26 COMP. GEN. 921.

WITH REFERENCE TO THE SUBMITTED MATTER, THE ACT OF FEBRUARY 13, 1911, AS AMENDED BY THE ACT OF FEBRUARY 7, 1920, (41 STAT. 402), PROVIDES THAT CUSTOMS EMPLOYEES SHALL RECEIVE ADDITIONAL COMPENSATION FOR OVERTIME SERVICE PERFORMED BETWEEN THE HOURS OF 5 P.M. AND 8 A.M.'IN CONNECTION WITH THE LADING OR UNLADING OF CARGO * * * OR IN CONNECTION WITH THE UNLADING, RECEIVING, OR EXAMINATION OF PASSENGERS' BAGGAGE.' THUS, IT APPEARS CLEAR THAT THE PROVISION FOR THE PAYMENT OF OVERTIME COMPENSATION DURING THE HOURS FROM 5 P.M. TO 8 A.M. IS A STATUTORY PROVISION RELATING TO THE TIME WITHIN WHICH A RIGHT SHALL ACCRUE AND, AS SUCH, FALLS SQUARELY WITHIN THE TERMS OF SECTION 262, SUPRA, TO THE EFFECT THAT SUCH TIME SHALL BE THE UNITED STATES STANDARD TIME OF THE ZONE INVOLVED. QUESTION NUMBER 1 PRESENTED IN YOUR LETTER IS ANSWERED IN THE AFFIRMATIVE.