AGENCY REGULATION ON PAYMENT OF NIGHT DIFFERENTIAL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP70B00146R000100170003-9
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 2
• Document Creation Date: December 20, 2016
• Document Release Date: December 5, 2006
• Sequence Number: 3
• Publication Date: September 15, 1966
• Content Type: MF

Approved For Release 2006/12/r :rclAilt70B00146R00010017?49Cgdiect
1 5 SEP 1966
ENNORANDUX FOR: Director of tinance
SUBJECT Agency Regulation on Payment of Night Differential
1. We have received complainte from personnel resigning from
the Photographic Laboratory Branch of the National Photographic
Interpretation Center (EPIC) concerning payment of night differential
by EPIC. Upon inquiring into the complaints we 'ound thaw ha4 their
bases in faulty application of Agency regulationi ithin 25X1
EPIC, which can be readily corrected.
2. In ening NPIC's policies and practices on payment of
night differential, we found what we consider to be an inequity,
which derives from the wordin4 I The regulation specifies 25X1
that night differential is payable in conjunction with compensation
for overtime only when the overtime falls within another regularly
scheduled tour of duty. The night shift of the Photographic Labora-
tory Branch normally works from 1.600 until 0030 hours. When large
shipments of film are received, which happens two or three times, per
month, the night shift. works from 2000 until 0800 hours. If this
happens all a weekend, and it often does, night shift personnel do
not receive night differential pay, because they have already worked
their basic 40-hour workweek, and the weekend overtime hours are on
their own shift--not on "another regularly scheduled tour of duty."
If the night shift goes onto the 2000-to-0800 schedule during its
normal Pbaday-through-Friday workweek, night differential is payable
only from 2000 until 0400, because personnel are considered to be in
overtime hours after 0100 and not on another regularly scheduled
tour of duty.
3. This seemed to VA to be unfair, and we looked for a possible
moans of justifying payment of night differential during overtime
hours worked on the night shift's own schedule. Our search leads us
to question the validity of the provision ofl !concerning 25X1
payment of night differential in conjunction with compensation for
overtime.
a. The Federal Employees Pay Act of 1945 provides that
night differential may be paid and does not distinguish between
regular and overtime hours.
b. The Pederal Employees Pay Act of 1946 is specific in
providing that night differential is payable during overtime
hours.
'SECRET
UAW.
Eractri Ir?.alatia
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c. Th Court of Claims held, in Juan Aviles, at al. v.
United Stet Cl. So. 27846, that, if overtime is regu-
larly scheduled, any pert of that overtime occuring after
6100 p.m. must be compensated at the night differential rate.
d. The Comptroller General held, in 40 Comp. Gen. 397,
that, for entitlement to night differential, work muat be duly
emthorined in advance and must be scheduled to recur on succes
sive days or after specified intervals.
*. The Comptroller General held, in 41 Comp. Gen. 8,
that security couriers assigned to night works although not
aecording to a fixed hours-of-work pattern, may have the time
worked considered as pert of the regularly scheduled tours of
duty and be paid night differential for any time worked be-
tween 600 p.m. and 6:00 a.m. in either basic workweek hours
or in the overtime hours.
k. It appears to us that the Agency requirement that the
employee must be working on another regularly scheduled tour of duty
in other words, on a shift other than his own--in order to be paid
nPt differential In conjunction with overtime compensation is
contrary to the intent of the law. It could be argued that the
Agency is not bound by the lee but only by its own internal regula-
tions; however, it seems to us that, when a provision of the law
is written into Agency regulations, then the Agency must be governed
by the interpretations of the law mod* by the courts or by the
Comptroller General.
5. I would appreciate receiving your views on this matter.
asking for the views of the General Counsel and of the
Director of Personnel.
'XV1
0/IG/KEG:ICp (12 Sept. 66)
Is/1?
raan
1. 6. /Carman
Inspector General
Distribution:
"rig. -_Addressee
IG Subject/Special Study-Night Differential (NPIC)
1 - KEG Chrono
1 - Stayback
- 2
S EC R ET
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