B-140172, AUGUST 4, 1959, 39 COMP. GEN. 73

B-140172: Aug 4, 1959

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CIVILIAN PERSONNEL - COMPENSATION - NIGHT WORK - PERFORMANCE OTHER THAN CONSECUTIVE WEEKS NIGHT WORK WHICH IS DETERMINED IN ADVANCE TO BE REQUIRED ON THE FIRST THREE DAYS OF EVERY OTHER WORKWEEK BY EMPLOYEES WHO NORMALLY PERFORM DUTIES IN THE DAYTIME MAY BE REGARDED AS REGULARLY SCHEDULED WORK FOR PAYMENT OF NIGHT DIFFERENTIAL COMPENSATION UNDER SECTION 301 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. NOTWITHSTANDING THAT SUCH NIGHT WORK IS TO BE PERFORMED EVERY OTHER WEEK RATHER THAN ON AT LEAST ONE DAY OF EACH OF TWO CONSECUTIVE WORK-WEEKS. 36 COMP. THE ACTING SECRETARY REQUESTED OUR DECISION AS TO WHETHER CERTAIN NIGHT WORK FOR PAYROLL EMPLOYEES IN THE INTERNAL REVENUE SERVICE WHICH IS SCHEDULED FOR THE FIRST THREE DAYS OF EVERY OTHER WORKWEEK MAY BE REGARDED AS "REGULARLY SCHEDULED WORK" FOR PURPOSES OF PAYMENT OF NIGHT DIFFERENTIAL COMPENSATION UNDER SECTION 301 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945.

B-140172, AUGUST 4, 1959, 39 COMP. GEN. 73

CIVILIAN PERSONNEL - COMPENSATION - NIGHT WORK - PERFORMANCE OTHER THAN CONSECUTIVE WEEKS NIGHT WORK WHICH IS DETERMINED IN ADVANCE TO BE REQUIRED ON THE FIRST THREE DAYS OF EVERY OTHER WORKWEEK BY EMPLOYEES WHO NORMALLY PERFORM DUTIES IN THE DAYTIME MAY BE REGARDED AS REGULARLY SCHEDULED WORK FOR PAYMENT OF NIGHT DIFFERENTIAL COMPENSATION UNDER SECTION 301 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 5 U.S.C. 921, NOTWITHSTANDING THAT SUCH NIGHT WORK IS TO BE PERFORMED EVERY OTHER WEEK RATHER THAN ON AT LEAST ONE DAY OF EACH OF TWO CONSECUTIVE WORK-WEEKS. 36 COMP. GEN. 657, AMPLIFIED.

TO THE SECRETARY OF THE TREASURY, AUGUST 4, 1959:

BY LETTER OF JULY 2, 1959, THE ACTING SECRETARY REQUESTED OUR DECISION AS TO WHETHER CERTAIN NIGHT WORK FOR PAYROLL EMPLOYEES IN THE INTERNAL REVENUE SERVICE WHICH IS SCHEDULED FOR THE FIRST THREE DAYS OF EVERY OTHER WORKWEEK MAY BE REGARDED AS "REGULARLY SCHEDULED WORK" FOR PURPOSES OF PAYMENT OF NIGHT DIFFERENTIAL COMPENSATION UNDER SECTION 301 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 5 U.S.C. 921.

THE ACTING SECRETARY STATES THAT IN THE INTERNAL REVENUE SERVICE IT HAS BEEN NECESSARY IN THE OPERATION OF THE MECHANIZED PAYROLL TO CHANGE THE TOUR OF DUTY FOR CERTAIN EMPLOYEES WHO NORMALLY PERFORM DUTIES IN THE DAYTIME TO EMBRACE NIGHT WORK BETWEEN THE HOURS OF 4:00 P.M. TO 12:30 A.M. THIS NIGHT WORK IS REGULARLY SCHEDULED FOR THREE DAYS OF EACH BIWEEKLY PAY PERIOD. HOWEVER, DOUBT IS EXPRESSED WHETHER NIGHT DIFFERENTIAL COMPENSATION IS PROPERLY PAYABLE FOR THE HOURS OF WORK PERFORMED BETWEEN 6:00 P.M. AND 6:00 A.M. IN VIEW OF OUR DECISION IN 36 COMP. GEN. 657, WHICH INDICATES THAT "REGULARLY SCHEDULED WORK" FOR PURPOSES OF NIGHT DIFFERENTIAL COMPENSATION, MUST BE SCHEDULED ON AT LEAST ONE DAY OF EACH OF TWO CONSECUTIVE WORKWEEKS.

SINCE THE NIGHT WORK HERE INVOLVED RECURS EACH BIWEEKLY PAY PERIOD AND IS REGULARLY SCHEDULED IN ADVANCE WE ARE OF THE VIEW THAT IT IS REGULARLY SCHEDULED WORK, NOTWITHSTANDING THAT IT IS SCHEDULED TO RECUR EVERY OTHER WEEK INSTEAD OF ON AT LEAST ONE DAY OF EACH OF TWO CONSECUTIVE WORKWEEKS, AND THAT NIGHT DIFFERENTIAL COMPENSATION IS PROPERLY PAYABLE THEREFOR. THE DECISION IN 36 COMP. GEN. 657 IS AMPLIFIED ACCORDINGLY.