Overtime Compensation for Surveillance Activities

A Bureau of Alcohol, Tobacco, and Firearms employee appealed the denial of his claim for overtime compensation in connection with surveillance work he performed during a 6-week period. The employee already received annual premium pay for administratively uncontrollable overtime. The agency denied his claim on the ground that the hours of overtime claimed were administratively uncontrollable overtime and he was already receiving annual premium pay for all overtime except regularly scheduled overtime. The employee filed a grievance, and the grievance examiner agreed that he should not receive the additional pay. He then filed a claim with GAO. The agency contended that, while the shifts that the employee worked were scheduled in advance, this was only one of the factors used for determining whether the overtime was regularly scheduled and that an examination of all factors showed the overtime to be administratively uncontrollable overtime. GAO held that the employee's overtime schedule was very irregular and did not appear to follow a discernible pattern. The work did not recur on successive days or after specified intervals as required to be considered regularly scheduled overtime. Therefore, the earlier decision was sustained, and the employee could not receive overtime pay in addition to the premium pay.