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B-51099, APR. 12, 1967

B-51099 Apr 12, 1967
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THE CLAIMANTS ARE SEEKING OVERTIME COMPENSATION FOR REPORTING TO WORK 15 MINUTES EARLY EACH DAY. MEMBERS OF THE POLICE BRANCH EMPLOYED AT THE AIRPORT WERE SCHEDULED TO WORK ONE OF THE FOLLOWING 8-HOUR TOURS OF DUTY: 11:30 P.M. THE FAILURE OF YOUR AGENCY TO COMPENSATE THE POLICEMEN FOR SUCH TIME IS EXPLAINED IN YOUR LETTER AS FOLLOWS: "DURING THE PERIOD JULY 21. IT WAS THE PRACTICE AT THE AIRPORT TO CREDIT AND PAY FOR OVERTIME ONLY IN UNITS OF ONE HOUR. SINCE THERE WAS NO EXPRESS AUTHORITY IN THE REGULATIONS OF THE FEDERAL AVIATION AGENCY THEN IN EFFECT FOR CREDITING AND PAYING FOR OVERTIME IN UNITS OF LESS THAN ONE HOUR. THE REGULATION EXPRESSLY STATED THAT OVERTIME WORKED WHICH AMOUNTED TO LESS THAN 30 MINUTES WAS TO BE DROPPED ON A DAILY BASIS.

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B-51099, APR. 12, 1967

TO ADMINISTRATOR, FEDERAL AVIATION AGENCY:

THIS REFERS TO YOUR LETTER OF FEBRUARY 20, 1967, WITH ENCLOSURES, REQUESTING OUR DECISION AS TO THE VALIDITY OF CERTAIN CLAIMS FOR OVERTIME COMPENSATION SUBMITTED BY THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES ON BEHALF OF APPROXIMATELY 37 INDIVIDUALS EMPLOYED AS POLICEMEN BY THE FEDERAL AVIATION AGENCY AT DULLES INTERNATIONAL AIRPORT. THE CLAIMANTS ARE SEEKING OVERTIME COMPENSATION FOR REPORTING TO WORK 15 MINUTES EARLY EACH DAY.

DURING THE PERIOD JULY 21, 1961, TO FEBRUARY 1, 1965, MEMBERS OF THE POLICE BRANCH EMPLOYED AT THE AIRPORT WERE SCHEDULED TO WORK ONE OF THE FOLLOWING 8-HOUR TOURS OF DUTY: 11:30 P.M. TO 7:30 A.M.; 7:30 A.M. TO 3:30 P.M.; 3:30 P.M. TO 11:30 P.M. BY MEMORANDUM DATED JULY 21, 1961, THE CAPTAIN OF THE POLICE BRANCH INSTRUCTED THE MEMBERS TO REPORT EACH DAY 15 MINUTES PRIOR TO THE BEGINNING OF THEIR SCHEDULED TOURS OF DUTY FOR THE PURPOSE OF STANDING ROLL CALL AND RECEIVING ASSIGNMENTS AND INSTRUCTIONS. THAT INSTRUCTION REMAINED IN EFFECT UNTIL FEBRUARY 1, 1965.

THE POLICEMEN RECEIVED NO OVERTIME COMPENSATION FOR THE EARLY REPORTING TIME. THE FAILURE OF YOUR AGENCY TO COMPENSATE THE POLICEMEN FOR SUCH TIME IS EXPLAINED IN YOUR LETTER AS FOLLOWS:

"DURING THE PERIOD JULY 21, 1961, TO JUNE 8, 1962, IT WAS THE PRACTICE AT THE AIRPORT TO CREDIT AND PAY FOR OVERTIME ONLY IN UNITS OF ONE HOUR, SINCE THERE WAS NO EXPRESS AUTHORITY IN THE REGULATIONS OF THE FEDERAL AVIATION AGENCY THEN IN EFFECT FOR CREDITING AND PAYING FOR OVERTIME IN UNITS OF LESS THAN ONE HOUR.

"ON JUNE 8, 1962, THE AGENCY ISSUED NEW REGULATIONS WHICH DEPARTED FROM PREVIOUS POLICY BY AUTHORIZING OVERTIME TO BE CREDITED AND PAID IN MINIMUM UNITS OF 30 MINUTES. HOWEVER, THE REGULATION EXPRESSLY STATED THAT OVERTIME WORKED WHICH AMOUNTED TO LESS THAN 30 MINUTES WAS TO BE DROPPED ON A DAILY BASIS. THE SUBSTANCE OF THAT REGULATION CONTINUES IN EFFECT AS CURRENT AGENCY POLICY.'

YOU STATE THAT THE ABOVE-DESCRIBED PROCEDURE IS BASED ON THE DECISIONS OF OUR OFFICE (25 COMP. GEN. 121 AND 44 COMP. GEN. 410) HOLDING THAT ADMINISTRATIVE OFFICIALS MAY PROVIDE BY REGULATION THAT OVERTIME SERVICE BE RECORDED AND PAID FOR IN FRACTIONAL PERIODS WITH ODD MINUTES BEING DISREGARDED. IN VIEW THEREOF, YOU BELIEVE A SUFFICIENT BASIS EXISTS FOR DISALLOWING THE PRESENT CLAIMS FOR 15 MINUTES DAILY OVERTIME COMPENSATION. HOWEVER, DUE TO RECENT COURT DECISIONS REGARDING OVERTIME COMPENSATION, YOU HAVE DOUBT AS TO THE PROPRIETY OF YOUR PROPOSED COURSE OF ACTION.

THE RULE EXPRESSED IN THE TWO DECISIONS OF OUR OFFICE, CITED ABOVE, WAS NOT INTENDED TO BE FOR APPLICATION TO SITUATIONS, SUCH AS HERE, WHERE ADMINISTRATIVE OFFICIALS DIRECT THE PERFORMANCE OF REGULARLY SCHEDULED OVERTIME ON A DAILY BASIS. THEREFORE, THE PRACTICE OF YOUR AGENCY WITH RESPECT TO THE CREDITING OF OVERTIME WORK MAY NOT BE USED AS A BASIS FOR DISALLOWING THE CLAIMS UNDER CONSIDERATION.

HOWEVER, BY LETTER DATED MARCH 16, 1967, THE ACTING CHIEF OF YOUR PERSONNEL OPERATIONS DIVISION FURNISHED US A REPORT CONCERNING LUNCH PERIODS AFFORDED MEMBERS OF THE POLICE BRANCH. THAT REPORT READS AS FOLLOWS:

"NO ADMINISTRATIVE RULES OR REGULATIONS WERE PRESCRIBED DURING 1961 1965 WHICH EXPRESSLY PROVIDED FOR OFF-DUTY LUNCH PERIODS TO BE TAKEN BY POLICEMEN EMPLOYED AT THE AIRPORT. HOWEVER, THE PRACTICE WAS TO AUTHORIZE THE POLICEMEN TO TAKE A THIRTY-MINUTE PAID LUNCH PERIOD DURING THEIR EIGHT -HOUR TOUR OF DUTY, USUALLY DURING THE MIDDLE HOURS OF THEIR TOUR. DURING THE LUNCH PERIOD, THEY WERE PERMITTED TO EAT IN ALMOST ANY AREA OF THE AIRPORT AND WERE ONLY REQUIRED TO BE AVAILABLE FOR EMERGENCY DUTY. THEREFORE, EACH POLICEMAN WAS REQUIRED TO INFORM THE SERGEANT IN CHARGE OF THE SHIFT WHERE HE WOULD BE AT THE AIRPORT DURING HIS LUNCH PERIOD, SO HE COULD BE CALLED IF AN EMERGENCY AROSE.'

WE INTERPRET SUCH REPORT TO MEAN THAT THE CLAIMANTS ORDINARILY WERE AFFORDED A 30-MINUTE LUNCH PERIOD FREE FROM DUTY. THEREFORE, SINCE THE 15 -MINUTE EARLY REPORTING TIME EACH DAY WAS MORE THAN OFFSET BY THE LUNCH PERIODS PROVIDED ON GOVERNMENT TIME, THE CLAIMS ARE PROPERLY FOR DISALLOWANCE.

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