B-212305, AUG 11, 1983, OFFICE OF GENERAL COUNSEL

B-212305: Aug 11, 1983

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RICHARD KRAJEWSKI: THIS IS IN RESPONSE TO YOUR RECENT LETTER ASKING THE COMPTROLLER GENERAL TO ANSWER SEVERAL QUESTIONS REGARDING THE ADMINISTRATION OF SUNDAY PREMIUM PAY BY YOUR EMPLOYER AT THE GRAND FORKS AIR FORCE BASE. THE MATTER PRESENTED IS NOT APPROPRIATE FOR A DECISION OF THE COMPTROLLER GENERAL. AIRFIELD EQUIPMENT OPERATORS AT THE AIR FORCE BASE WERE PAID SUNDAY PREMIUM PAY ONLY IF THEIR SHIFTS FELL ENTIRELY ON SUNDAY. AT THAT TIME THE SHIFTS WERE 6 A.M. AFTER JANUARY OF 1983 THE INDIVIDUALS ON THOSE SHIFTS FOR BOTH SATURDAY AND SUNDAY WERE DEEMED ENTITLED TO SUNDAY PREMIUM PAY. YOU ASKED WHEN YOU AND THE OTHER EMPLOYEES WILL RECEIVE PAYMENT OF SUNDAY PREMIUM PAY FOR DUTY ON THE THIRD SHIFT FOR SATURDAYS AND SUNDAYS PRIOR TO JANUARY OF 1983.

B-212305, AUG 11, 1983, OFFICE OF GENERAL COUNSEL

PRECIS-UNAVAILABLE

MR. RICHARD KRAJEWSKI:

THIS IS IN RESPONSE TO YOUR RECENT LETTER ASKING THE COMPTROLLER GENERAL TO ANSWER SEVERAL QUESTIONS REGARDING THE ADMINISTRATION OF SUNDAY PREMIUM PAY BY YOUR EMPLOYER AT THE GRAND FORKS AIR FORCE BASE, NORTH DAKOTA. THE MATTER PRESENTED IS NOT APPROPRIATE FOR A DECISION OF THE COMPTROLLER GENERAL; HOWEVER, THE FOLLOWING INFORMATION MAY BE OF ASSISTANCE TO YOU.

APPARENTLY, UNTIL JANUARY OF 1983, AIRFIELD EQUIPMENT OPERATORS AT THE AIR FORCE BASE WERE PAID SUNDAY PREMIUM PAY ONLY IF THEIR SHIFTS FELL ENTIRELY ON SUNDAY. AT THAT TIME THE SHIFTS WERE 6 A.M. TO 2 P.M., 2 P.M. TO 10 P.M. AND 10 P.M. TO 6 A.M. THEREFORE, PRIOR TO JANUARY OF 1983, THE SHIFTS BEGINNING AT 10 P.M. ON SATURDAY AND SUNDAY (THE THIRD SHIFT) RECEIVED NO PREMIUM PAY. AFTER JANUARY OF 1983 THE INDIVIDUALS ON THOSE SHIFTS FOR BOTH SATURDAY AND SUNDAY WERE DEEMED ENTITLED TO SUNDAY PREMIUM PAY. YOU INDICATE THAT THIS NEW PAY PRACTICE ONLY LASTED FOR A 2-WEEK PERIOD BECAUSE THE AIR FORCE BASE CHANGED THE SCHEDULE OF THE THREE SHIFTS SO THAT ALL THREE SHIFTS STARTED AND ENDED ON THE SAME DAY (MIDNIGHT TO 8 A.M., 8 A.M. TO 4 P.M. AND 4 P.M. TO MIDNIGHT).

YOU ASKED WHEN YOU AND THE OTHER EMPLOYEES WILL RECEIVE PAYMENT OF SUNDAY PREMIUM PAY FOR DUTY ON THE THIRD SHIFT FOR SATURDAYS AND SUNDAYS PRIOR TO JANUARY OF 1983. ADDITIONALLY, YOU ASKED WHAT INTEREST RATE WILL BE PAID ON THE AMOUNT DUE.

YOUR CLAIM FOR ADDITIONAL SUNDAY PREMIUM PAY SHOULD BE RESOLVED AT THE AGENCY LEVEL. IF THIS CANNOT BE DONE YOU MAY FILE A CLAIM WITH THE CLAIMS GROUP, UNITED STATES GENERAL ACCOUNTING OFFICE. ENCLOSED IS THE RELEVANT PROCEDURES TO FILE SUCH A CLAIM AS SET OUT IN VOLUME 4 OF THE CODE OF FEDERAL REGULATIONS.

THERE WILL BE NO INTEREST PAID ON ANY BACKPAY PAYMENTS FOR SUNDAY PREMIUM PAY. IT IS A LONG STANDING RULE THAT INTEREST ON CLAIMS MAY BE ASSESSED AGAINST THE GOVERNMENT ONLY UNDER EXPRESSED STATUTORY OR CONTRACTUAL AUTHORITY. SEE MATTER OF HOWELL, B-203344, AUGUST 3, 1981, AND CASES CITED. THERE IS NO SUCH AUTHORITY APPLICABLE TO THIS TYPE OF SITUATION.

WE NOTE THAT YOU EXPRESS GREAT DISPLEASURE WITH THE REVISED SHIFTS AT THE AIR FORCE BASE. SINCE THE FIXING OF HOURS OF DUTY IS WITHIN THE DISCRETION OF THE HEAD OF THE AGENCY WITHIN THE LIMITS PRESCRIBED IN 5 U.S.C. SEC. 6101 (1976) AND SINCE THE NEW SHIFT SCHEDULE IS NOT CONTRARY TO THAT PROVISION, IT APPEARS THAT THIS ACTION WAS NOT LEGALLY OBJECTIONABLY.