B-167804(2), MAR. 11, 1970

B-167804(2): Mar 11, 1970

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1970) HELD THAT PART-TIME WAE EMPLOYEES OF IMMIGRATION AND NATURALIZATION SERVICE ARE ENTITLED TO EXTRA PAY UNDER 8 U.S.C. 1353A FOR SUNDAY AND HOLIDAY DUTY BUT ARE NOT ENTITLED TO EXTRA PAY UNDER THAT PROVISION FOR WORK PERFORMED BETWEEN HOURS OF 5 P.M. MATTER IS BEING BROUGHT TO ATTENTION OF COMMISSIONER OF CUSTOMS. SINCE LANGUAGE OF 19 U.S.C. 267 IS SIMILAR TO THAT OF 8 U.S.C. 1353A AND SO THAT APPROPRIATE ACTION MAY BE TAKEN TO BRING PAY PRACTICES OF BUREAU OF CUSTOMS IN CONFORMANCE WITH RULES EXPRESSED IN DECISION. TRANSMITTED HEREWITH IS A COPY OF OUR DECISION OF TODAY TO THE ATTORNEY GENERAL HOLDING THAT PART-TIME WAE EMPLOYEES OF THE IMMIGRATION AND NATURALIZATION SERVICE ARE ENTITLED TO EXTRA PAY UNDER 8 U.S.C. 1353A FOR SUNDAY AND HOLIDAY DUTY BUT ARE NOT ENTITLED TO EXTRA PAY UNDER THAT PROVISION FOR WORK PERFORMED BETWEEN THE HOURS OF 5 P.M.

B-167804(2), MAR. 11, 1970

CUSTOMS--EMPLOYEES--OVERTIME--PART-TIME WAE EMPLOYEES DECISION TO ATTORNEY GENERAL, 49 COMP. GEN. (B-167804, MAR. 11, 1970) HELD THAT PART-TIME WAE EMPLOYEES OF IMMIGRATION AND NATURALIZATION SERVICE ARE ENTITLED TO EXTRA PAY UNDER 8 U.S.C. 1353A FOR SUNDAY AND HOLIDAY DUTY BUT ARE NOT ENTITLED TO EXTRA PAY UNDER THAT PROVISION FOR WORK PERFORMED BETWEEN HOURS OF 5 P.M. AND 8 A.M. MATTER IS BEING BROUGHT TO ATTENTION OF COMMISSIONER OF CUSTOMS, TREASURY, SINCE LANGUAGE OF 19 U.S.C. 267 IS SIMILAR TO THAT OF 8 U.S.C. 1353A AND SO THAT APPROPRIATE ACTION MAY BE TAKEN TO BRING PAY PRACTICES OF BUREAU OF CUSTOMS IN CONFORMANCE WITH RULES EXPRESSED IN DECISION.

TO MR. AMBROSE:

THIS REFERS TO LETTER OF DECEMBER 29, 1969, REFERENCE FAS 129.15 WB, FROM MR. EDWIN F. RAINS, CONCERNING THE POLICIES AND PRACTICES OF THE BUREAU OF CUSTOMS WITH REGARD TO THE PAYMENT OF EXTRA COMPENSATION UNDER 19 U.S.C. 267 TO PART-TIME WAE EMPLOYEES.

TRANSMITTED HEREWITH IS A COPY OF OUR DECISION OF TODAY TO THE ATTORNEY GENERAL HOLDING THAT PART-TIME WAE EMPLOYEES OF THE IMMIGRATION AND NATURALIZATION SERVICE ARE ENTITLED TO EXTRA PAY UNDER 8 U.S.C. 1353A FOR SUNDAY AND HOLIDAY DUTY BUT ARE NOT ENTITLED TO EXTRA PAY UNDER THAT PROVISION FOR WORK PERFORMED BETWEEN THE HOURS OF 5 P.M. AND 8 A.M.

SINCE THE LANGUAGE OF 19 U.S.C. 267 IS SIMILAR TO THAT OF 8 U.S.C. 1353A, THE MATTER IS BEING BROUGHT TO YOUR ATTENTION SO THAT APPROPRIATE ACTION MAY BE TAKEN TO BRING THE PAY PRACTICES OF THE BUREAU OF CUSTOMS IN CONFORMANCE WITH THE RULES EXPRESSED IN THE ENCLOSED DECISION.