A-4257, AUGUST 15, 1924, 4 COMP. GEN. 183

A-4257: Aug 15, 1924

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OTHER CUSTOMS OFFICERS AND EMPLOYEES IS BASED UPON THE PERSONAL DUTY STATUS DURING A UNIT PERIOD WHICH BEGINS AT 5 P.M. THERE ARE FOR CONSIDERATION AND DECISION. THAT SUCH EXTRA COMPENSATION SHALL BE PAID IF SUCH OFFICERS OR EMPLOYEES HAVE BEEN ORDERED TO REPORT FOR DUTY AND HAVE SO REPORTED. THAT IN THOSE PORTS WHERE CUSTOMARY WORKING HOURS ARE OTHER THAN THOSE HEREINABOVE MENTIONED. THE COLLECTOR OF CUSTOMS IS VESTED WITH AUTHORITY TO REGULATE THE HOURS OF CUSTOMS EMPLOYEES SO AS TO AGREE WITH PREVAILING WORKING HOURS IN SAID PORTS. UNDER THE PROVISIONS OF THIS STATUTE AND THE REGULATIONS MADE IN PURSUANCE THEREOF THE UNIT FOR CONSIDERATION IN EACH INSTANCE IS THE PERIOD WHICH BEGINS AT 5 P.M.

A-4257, AUGUST 15, 1924, 4 COMP. GEN. 183

COMPENSATION, OVERTIME - CUSTOMS SERVICE EMPLOYEES THE AUTHORIZED OVERTIME PAY PROVIDED IN THE ACT OF FEBRUARY 13, 1911, 36 STAT. 899, AS AMENDED, FOR INSPECTORS, STOREKEEPERS, WEIGHERS, AND OTHER CUSTOMS OFFICERS AND EMPLOYEES IS BASED UPON THE PERSONAL DUTY STATUS DURING A UNIT PERIOD WHICH BEGINS AT 5 P.M. ONE DAY AND ENDS AT 8 A.M. THE FOLLOWING DAY. IN COMPUTING THE OVERTIME SERVICE OF INSPECTORS, STOREKEEPERS, WEIGHERS, AND OTHER CUSTOMS OFFICERS AND EMPLOYEES, THE HOURS OF WAITING TIME OR ACTUAL SERVICE RENDERED BY EACH INDIVIDUAL DURING A UNIT PERIOD SHOULD BE COMBINED IN ALL CASES, BUT THE DUTY STATUS DURING ONE NIGHT UNIT CAN NOT BE COMBINED WITH THE DUTY STATUS DURING ANOTHER NIGHT UNIT.

DECISION BY COMPTROLLER GENERAL MCCARL, AUGUST 15, 1924:

IN CONNECTION WITH THE SETTLEMENT OF THE ACCOUNTS OF DISBURSING OFFICERS OF THE UNITED STATES CUSTOMS SERVICE, THERE ARE FOR CONSIDERATION AND DECISION, TWO QUESTIONS AS FOLLOWS: (1) WHETHER IN COMPUTING THE OVERTIME OF INSPECTORS, STOREKEEPERS, WEIGHERS, AND OTHER CUSTOMS OFFICERS AND EMPLOYEES, TIME SERVED BEFORE 8 A.M. ON ANY GIVEN DAY MAY BE COMBINED WITH THE TIME SERVED AFTER 5 P.M. ON SAID DAY TO AGGREGATE THE MIMIMUM PERIOD REQUIRED BY LAW FOR OVERTIME PAY; AND (2) IF SO, WHETHER OVERTIME SERVICE MUST BE SO COMBINED IN ALL INSTANCES EVEN THOUGH THE TIME SERVED BEFORE 8 A.M. AND AFTER 5 P.M., RESPECTIVELY, MAY EXCEED ONE HOUR.

THE ACT OF FEBRUARY 13, 1911, 36 STAT. 899, AS AMENDED BY THE ACT OF FEBRUARY 7, 1920, 41 STAT. 402, PROVIDES AS FOLLOWS:

SEC. 5. THAT THE SECRETARY OF THE TREASURY SHALL FIX A REASONABLE RATE OF EXTRA COMPENSATION FOR OVERTIME SERVICES OF INSPECTORS, STOREKEEPERS, WEIGHERS, AND OTHER CUSTOMS OFFICERS AND EMPLOYEES WHO MAY BE REQUIRED TO REMAIN ON DUTY BETWEEN THE HOURS OF FIVE O-CLOCK POST MERIDIAN AND EIGHT O -CLOCK ANTEMERIDIAN, OR ON SUNDAYS OR HOLIDAYS, TO PERFORM SERVICES IN CONNECTION WITH THE LADING OR UNLADING OF CARGO, * * * SUCH RATES TO BE FIXED ON THE BASIS OF ONE-HALF DAY'S ADDITIONAL PAY FOR EACH TWO HOURS OR FRACTION THEREOF OF AT LEAST ONE HOUR THAT THE OVERTIME EXTENDS BEYOND FIVE O-CLOCK POST MERIDIAN (BUT NOT TO EXCEED TWO AND ONE-HALF DAYS' PAY FOR THE FULL PERIOD FROM FIVE O-CLOCK POST MERIDIAN TO EIGHT O-CLOCK ANTEMERIDIAN), AND TWO ADDITIONAL DAYS' PAY FOR SUNDAY OR HOLIDAY DUTY. THE SAID EXTRA COMPENSATION SHALL BE PAID BY THE MASTER, OWNER, AGENT, OR CONSIGNEE OF SUCH VESSEL OR OTHER CONVEYANCE WHENEVER SUCH SPECIAL LICENSE OR PERMIT FOR IMMEDIATE LADING OR UNLADING OR FOR LADING OR UNLADING AT NIGHT OR ON SUNDAYS OR HOLIDAYS SHALL BE GRANTED TO THE COLLECTOR OF CUSTOMS, WHO SHALL PAY THE SAME TO THE SEVERAL CUSTOMS OFFICERS AND EMPLOYEES ENTITLED THERETO ACCORDING TO THE RATES FIXED THEREFOR BY THE SECRETARY OF THE TREASURY: PROVIDED, THAT SUCH EXTRA COMPENSATION SHALL BE PAID IF SUCH OFFICERS OR EMPLOYEES HAVE BEEN ORDERED TO REPORT FOR DUTY AND HAVE SO REPORTED, WHETHER THE ACTUAL LADING, UNLADING, RECEIVING, DELIVERY, OR EXAMINATION TAKES PLACE OR NOT. * * * PROVIDED FURTHER, THAT IN THOSE PORTS WHERE CUSTOMARY WORKING HOURS ARE OTHER THAN THOSE HEREINABOVE MENTIONED, THE COLLECTOR OF CUSTOMS IS VESTED WITH AUTHORITY TO REGULATE THE HOURS OF CUSTOMS EMPLOYEES SO AS TO AGREE WITH PREVAILING WORKING HOURS IN SAID PORTS, BUT NOTHING CONTAINED IN THIS PROVISO SHALL BE CONSTRUED IN ANY MANNER TO AFFECT OR ALTER THE LENGTH OF A WORKING DAY FOR CUSTOMS EMPLOYEES OR THE OVERTIME PAY HEREIN FIXED.

UNDER THE PROVISIONS OF THIS STATUTE AND THE REGULATIONS MADE IN PURSUANCE THEREOF THE UNIT FOR CONSIDERATION IN EACH INSTANCE IS THE PERIOD WHICH BEGINS AT 5 P.M. ONE DAY AND ENDS AT 8 A.M. THE NEXT DAY. FOR THE PURPOSE OF ARRIVING AT THE COMPENSATION DUE EACH EMPLOYEE THEREUNDER THE HOURS OF WAITING TIME OR ACTUAL SERVICE RENDERED WITHIN EACH SUCH UNIT SHOULD BE COMBINED IN ALL INSTANCES, REGARDLESS OF WHETHER THE SERVICE IN CONTINUOUS OR IN BROKEN PERIODS (SEE T.D. 38429 OF JUNE 4, 1920), BUT THE SERVICE RENDERED DURING ONE NIGHT UNIT, AS HEREIN DEFINED, CAN NOT BE COMBINED WITH THE SERVICE OF ANOTHER NIGHT UNIT IN ANY CASE.

THE SETTLEMENT OF ACCOUNTS INVOLVING OVERTIME PAYMENTS UNDER THE SAID ACT OF FEBRUARY 7, 1920, MUST BE MADE ACCORDINGLY.