B-161413, JUN. 22, 1967

B-161413, JUN. 22, 1967

TO THE DISBURSING OFFICER:

YOUR LETTER OF APRIL 13, 1967, REFERENCE 3300-46:HID:ECK SER: 3401, WITH ENCLOSED VOUCHER REFERRED HERE THROUGH THE COMPTROLLER OF THE NAVY, REQUESTS OUR DECISION WHETHER THE ENCLOSED VOUCHER LAWFULLY MAY BE PAID.

THE FACTS OF THE CASE ARE RELATED BY YOUR LETTER AS FOLLOWS:

"* * * DURING THE PERIOD 2 JANUARY 1966 THROUGH 24 SEPTEMBER 1966 TIME AND ATTENDANCE REPORTS FOR THE SECURITY GUARDS RECORDED THE SHIFT BY THE CALENDAR DAY ON WHICH IT ENDED. ON 3 OCTOBER 1966 THE ADMINISTRATIVE SERVICES DIVISION OFFICER, WHO HAS THE AUTHORITY TO DO SO, ADVISED THE PAYROLL OFFICE IN WRITING THAT THE MIDNIGHT SHIFT STARTING TIME IS 11:45 P.M. AND THAT THIS CHANGE HAS BEEN IN EFFECT SINCE 2 JANUARY 1966. THIS MOVING THE WORK PERFORMED BACK ONE DAY AUTOMATICALLY GAVE EVERY MAN WORKING THE MIDNIGHT SHIFT 48 HOURS CREDIT FOR THE WEEK, THIS CREATING 8 HOURS OVERTIME. BASED ON THIS ADVICE THE REQUIRED COMPENSATION ADJUSTMENT HAS BEEN CALCULATED FOR EACH SECURITY GUARD, ENCLOSURE (1). THE ADJUSTMENT WOULD REQUIRE PAYMENT OF OVERTIME AND CHARGING OF ANNUAL LEAVE IN MOST CASES. IT WOULD AT FIRST APPEAR THAT ALL THE GUARDS WOULD BE PROPERLY COMPENSATED FOR THIS CHANGE BY BEING PAID 8 HOURS OVERTIME AT THE BEGINNING OF THE CHANGE IN JANUARY AND BEING CHARGED 8 HOURS ANNUAL LEAVE AT THE END. HOWEVER, THE DETAILED REVIEW OF THE INDIVIDUAL TIME CARDS FOR THE ENTIRE PERIOD DISCLOSED THE FACT THAT SOME INDIVIDUALS MOVED ABOUT AMONG ALL THREE SHIFTS. THEREFORE, THE INDIVIDUAL ADJUSTMENTS VARY AS SHOWN ON THE SCHEDULE.'

"* * * WHEN A SHIFT INCLUDES PARTS OF TWO CALENDAR DAYS THE SHIFT

NCPI 610.1 (M) 1 STATES:

"* * * WHEN A/SHIFT INCLUDES PARTS OF TWO CALENDAR DAYS THE SHIFT WILL BE KNOWN BY THE CALENDAR DAY ON WHICH IT BEGINS. EXAMPLE: A SHIFT THAT BEGINS AT 11:00 P.M. MONDAY AND ENDS AT 7:00 A.M. TUESDAY WILL BE THE MONDAY SHIFT.'

WE UNDERSTAND FROM YOUR LETTER AND FROM THE INFORMATION FORMALLY FURNISHED BY YOUR OFFICE THAT COMPLIANCE WITH THE QUOTED REGULATION MIGHT HAVE BEEN EFFECTED PROSPECTIVELY WERE IT NOT FOR THE FACT THAT DURING THE PERIOD FROM JANUARY 2, 1966, THROUGH SEPTEMBER 24, 1966, CERTAIN OF THE INDIVIDUAL EMPLOYEES CONCERNED CHANGED FROM SHIFT TO SHIFT. ALSO, IN REDESIGNATING WORKDAYS THE INTERVENING ENACTMENT OF LEGISLATION, SUCH AS THAT AUTHORIZING SUNDAY PREMIUM PAY, WOULD AFFECT THE COMPUTATIONS OF AMOUNTS DUE. (SEE SECTION 405 (C), PUB.L. 89 504.)

EITHER A PROSPECTIVE OR RETROACTIVE CORRECTION OF THE IRREGULARITY WOULD REQUIRE THE ALLOWANCE OF OVERTIME COMPENSATION FOR WORK IN EXCESS OF 40 HOURS UNDER 5 U.S.C. 5542 (FORMERLY 5 U.S.C. 911), AND A CHARGE OF ANNUAL LEAVE TO COMPLETE THE REQUIRED ADMINISTRATIVE WORKWEEK IN A PAY STATUS FOR FULL-TIME EMPLOYEES SUBJECT TO 5 U.S.C. 6106 (A) (FORMERLY 5 U.S.C. 944 (A) ).

WE ASSUME THAT THE APPROPRIATE LEAVE ADJUSTMENTS WILL BE MADE ADMINISTRATIVELY. THE VOUCHER, WHICH IS SAID TO BE BASED UPON INDIVIDUAL TIME CARDS FOR THE ENTIRE PERIOD AND WHICH IS RETURNED HEREWITH, MAY, THEREFORE, BE PAID IF CORRECT IN OTHER RESPECTS.