B-180397, MAY 12, 1975

B-180397: May 12, 1975

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WHICH HELD THAT AIR NATIONAL GUARD FIREFIGHTERS ARE NOT ENTITLED TO PREMIUM PAY BECAUSE INFORMATION SUPPLIED TO US STATED NO AIR NATIONAL GUARD FIREFIGHTERS ARE ASSIGNED TO AIR DEFENSE SITES. IS MODIFIED. SINCE LATER INFORMATION SHOWS THAT SOME AIR NATIONAL GUARD FIREFIGHTERS ARE ASSIGNED TO AIR DEFENSE SITES AND SUCH AIR NATIONAL GUARD FIREFIGHTERS MAY BE PAID PREMIUM PAY NOT IN EXCESS OF 12 PERCENT OF THEIR BASIC PAY PURSUANT TO 32 U.S.C. AIR NATIONAL GUARD FIREFIGHTERS - ANNUAL PREMIUM PAY: THIS MATTER IS A RECONSIDERATION OF OUR DECISION B-180397. WE FOUND THAT FIREFIGHTERS ASSIGNED TO AIR NATIONAL GUARD UNITS ARE TECHNICIANS AND HAVE TO BE MEMBERS OF THE NATIONAL GUARD TO HOLD THEIR JOBS.

B-180397, MAY 12, 1975

DECISION B-180397, SEPTEMBER 24, 1974, WHICH HELD THAT AIR NATIONAL GUARD FIREFIGHTERS ARE NOT ENTITLED TO PREMIUM PAY BECAUSE INFORMATION SUPPLIED TO US STATED NO AIR NATIONAL GUARD FIREFIGHTERS ARE ASSIGNED TO AIR DEFENSE SITES, IS MODIFIED, SINCE LATER INFORMATION SHOWS THAT SOME AIR NATIONAL GUARD FIREFIGHTERS ARE ASSIGNED TO AIR DEFENSE SITES AND SUCH AIR NATIONAL GUARD FIREFIGHTERS MAY BE PAID PREMIUM PAY NOT IN EXCESS OF 12 PERCENT OF THEIR BASIC PAY PURSUANT TO 32 U.S.C. SEC. 709(G) (1970).

AIR NATIONAL GUARD FIREFIGHTERS - ANNUAL PREMIUM PAY:

THIS MATTER IS A RECONSIDERATION OF OUR DECISION B-180397, SEPTEMBER 24, 1974, CONCERNING THE PAYMENT OF ANNUAL PREMIUM PAY TO AIR NATIONAL GUARD FIREFIGHTERS EMPLOYED AT BUCKLEY AIR FORCE BASE, DENVER, COLORADO.

IN OUR DECISION B-180397, SEPTEMBER 24, 1974, WE FOUND THAT FIREFIGHTERS ASSIGNED TO AIR NATIONAL GUARD UNITS ARE TECHNICIANS AND HAVE TO BE MEMBERS OF THE NATIONAL GUARD TO HOLD THEIR JOBS. ON THE BASIS OF INFORMATION BEFORE US WE ALSO STATED THAT THERE ARE NO AIR NATIONAL GUARD FIREFIGHTERS ASSIGNED TO AIR DEFENSE SITES. THEREFORE, IN APPLYING THE PROVISIONS OF 32 U.S.C. SEC. 709(G) (1970), WE FOUND THAT THERE WAS NO AUTHORITY TO PAY ANNUAL PREMIUM PAY TO AIR NATIONAL GUARD FIREFIGHTERS. 32 U.S.C. SEC. 709(G) (1970) READS AS FOLLOWS:

"(G)(1) NOTWITHSTANDING SECTIONS 5544(A) AND 6102 OF TITLE 5, U.S.C. OR ANY OTHER PROVISION OF LAW, THE SECRETARY CONCERNED MAY, IN THE CASE OF TECHNICIANS ASSIGNED TO PERFORM OPERATIONAL DUTIES AT AIR DEFENSE SITES -

"(A) PRESCRIBE THE HOURS OF DUTIES;

"(B) FIX THE RATES OF BASIC COMPENSATION; AND

"(C) FIX THE RATES OF ADDITIONAL COMPENSATION; TO REFLECT UNUSUAL TOURS OF DUTY, IRREGULAR ADDITIONAL DUTY, AND WORK ON DAYS THAT ARE ORDINARILY NONWORKDAYS. ADDITIONAL COMPENSATION UNDER THIS SUBSECTION MAY BE FIXED ON AN ANNUAL BASIS AND IS DETERMINED AS AN APPROPRIATE PERCENTAGE, NOT IN EXCESS OF 12 PERCENT, OF SUCH PART OF THE RATE OF BASIC PAY FOR THE POSITION AS DOES NOT EXCEED THE MINIMUM RATE OF BASIC PAY FOR GS-10 OF THE GENERAL SCHEDULE UNDER SECTION 5332 OF TITLE 5, UNITED STATES CODE.

"(2) NOTWITHSTANDING SECTIONS 5544(A) AND 6102 OF TITLE 5, U.S.C. OR ANY OTHER PROVISION OF LAW, THE SECRETARY CONCERNED MAY, FOR TECHNICIANS OTHER THAN THOSE DESCRIBED IN CLAUSE (1) OF THIS SUBSECTION, PRESCRIBE THE HOURS OF DUTY FOR TECHNICIANS. NOTWITHSTANDING SECTIONS 5542 AND 5543 OF TITLE 5, U.S.C. OR ANY OTHER PROVISION OF LAW, SUCH TECHNICIANS SHALL BE GRANTED AN AMOUNT OF COMPENSATORY TIME OFF FROM THEIR SCHEDULED TOUR OF DUTY EQUAL TO THE AMOUNT OF ANY TIME SPENT BY THEM IN IRREGULAR OR OVERTIME WORK, AND SHALL NOT BE ENTITLED TO COMPENSATION FOR SUCH WORK."

WE HAVE NOW BEEN INFORMED BY THE NATIONAL GUARD BUREAU THAT THE INFORMATION WE HAD RECEIVED TO THE EFFECT THAT NO AIR NATIONAL GUARD FIREFIGHTERS ARE ASSIGNED TO AIR DEFENSE SITES WAS ERRONEOUS. THE NATIONAL GUARD BUREAU REPORTS THAT THERE ARE SOME AIR NATIONAL GUARD FIREFIGHTERS ASSIGNED TO AIR DEFENSE SITES. ACCORDINGLY, WE HOLD THAT THOSE AIR NATIONAL GUARD FIREFIGHTERS ASSIGNED TO AIR DEFENSE SITES MAY RECEIVE ADDITIONAL ANNUAL COMPENSATION NOT IN EXCESS OF 12 PERCENT OF THEIR BASIC PAY PURSUANT TO SUBSECTION 709(G)(1) OF TITLE 32, U.S.C. AND DECISION B-180397, SEPTEMBER 24, 1974, IS HEREBY MODIFIED ACCORDINGLY.