HRDG 4500a - APHIS Imports and Exports Overtime Interpretation - Section C

• ETA Changed to Earlier Time
• ETA Changed to Later Time
• ATA Supersedes ETA

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ETA/ATA
ETA Changed to Earlier Time

Example 1:

On a Saturday (nonworkday), officer works the following aircraft inside the metropolitan area.

Rationale:

Multiple call out rule applies between A/C 1 and A/C 2. See APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph G.2.a. There is a break in service between A/C 1 and A/C 2. In this case, the ATA of A/C 2 is the limiting factor. Because the ATA is less than 3 hours from the beginning of the first job, only 1/2 CTT is paid for A/C 2.

Example 2:

On a Saturday (nonworkday), officer works the following aircraft inside the metropolitan area. For aircraft 2, if officer arrived at 1530, how is start time reported on overtime documents?

Rationale:

The start time of 1530 is recorded on overtime documents for A/C 2 because this is when work began.

ETA/ATA
ETA Changed to Later Time

Example 3:

On a Saturday (nonworkday), officer works the following aircraft inside the metropolitan area. Aircraft 2, original ETA was 1530 and at 1515 officer gets new ETA of 1630.

Rationale:

The multiple call out rule applies between A/C 1 and A/C 2 as stated in APHIS Directive 402.3, Attachment 3, paragraph G.2.b. By establishing a new ETA for A/C 2, the official ETA and/or starting time for A/C 2 is now 3 hours or more from the start of A/C 1. Therefore, as stated in the APHIS Directive 402.3, cited above, entitlements for A/C 2 will include another full CTT and 2-hour minimum.

Example 4:

On a workday, an officer reports to clear a vessel at 1730 as ordered. The vessel has not arrived and a new ETA of 1915 is given by agent. The officer has a second assignment at 2100 at another dock several miles away also within the metropolitan area. Vessel 1 arrives and is boarded at 2022 and finished at 2100. At 2202, the officer boards vessel 2 (which had arrived at 2030) and finishes at 2300.

Rationale:

Multiple call out rule applies. Entitlements regarding vessel 1 are stated in APHIS Directive 402.3, Attachment 2, paragraph A.2. The 2-hour minimum starts when the officer reports for vessel 1 at 1730. Only 1/2 CTT is applicable to the officer since the ETA is within 61 minutes of the end of the TOD. Since vessel 2 was boarded at 2202, full CTT and an additional 2-hour minimum is applicable according to APHIS Directive 402.3, Attachment 3, paragraph G.2.b.

Example 5:

An officer reports to clear vessel 1 at 1730 as ordered. Vessel 1 has not arrived and a new ETA of 1915 is given by agent. The officer has a second assignment at 2100 at another dock 30 miles away outside the metropolitan area. Vessel 1 arrives and is boarded at 2022 and finished at 2100. At 2202 the officer boards vessel 2 (which arrived at 2030) and finishes at 2300.

Rationale:

Multiple call out rule applies. Entitlements regarding vessel 1 are stated in APHIS Directive 402.3, Attachment 2, paragraph A.2. The 2-hour minimum starts when the officer reports for vessel 1 at 1730. Only 1/2 CTT is applicable since the ETA is within 61 minutes of the end of the TOD. Since vessel 2 was boarded at 2202, full CTT at the outside metropolitan area rate and an additional 2-hour minimum is applicable in accordance with APHIS Directive 402.3, Attachment 3, paragraph, G.2.b; 7 CFR, 354.1(a)(2) and 354.2.

Example 6:

On a workday an officer is assigned to inspect a vessel at 1700. Officer leaves the port and arrives at the vessel site at 1645. The agent meets the officer at the dock at 1645 and cancels the job.

Rationale:

Officer reported to worksite and agent canceled on arrival at 1645. No CTT is authorized since job was canceled at 1645 by agent on site. APHIS Directive 402.3, section V, paragraph C.1., section V, paragraph G.1., and Attachment 2, paragraph A.2.

Example 7:

On a workday an officer is assigned to inspect a vessel at 1700. The officer remains at the PPQ office and the agent calls and cancels at 1645.

Rationale:

No entitlement since the officer did not report to worksite prior to the job being canceled. See APHIS Directive 402.3, section V, which refers to provisions of Title 5 U.S. Code. Further information is contained in 5 CFR sections 550.111 (a)(2) and 550.112 (h).

Example 8:

On a workday an officer is assigned to inspect a vessel at 1700. The officer goes home and the supervisor calls him/her at home at 1645 to inform him/her that the assignment was canceled.

Rationale:

No entitlement since the officer did not report to worksite prior to the job being canceled. APHIS Directive 402.3, section V, which refers to provisions of Title 5 U.S. Code. Further information is contained in 5 CFR sections 550.511 (a) (2) and 550.112 (h).

ETA/ATA
ATA Supersedes ETA

Example 9:

On a workday an officer is assigned a plane with an ETA of 1625. The plane arrives at 1635.

Rationale:

The ETA/ATA rule applies as defined in APHIS Directive 402.3, Attachment 3, paragraph C.1. ETA will be used at all times unless it is given within the TOD and the ATA occurs outside the TOD. In such an instance, the ATA will apply.

Example 10:

On a workday an officer is assigned a plane with an ETA of 1625. At 1625 the plane has not arrived. The officer calls the airline and receives a new ETA of 1635. The plane arrives at 1635.

Rationale:

The ETA/ATA rule applies as stated in APHIS Directive 402.3, Attachment 3, paragraph C.1. In this case, a new ETA has been established which now takes precedence over the previous ETA. The employee is entitled to the 2-hour minimum as provided for under Attachment 2, paragraph A.2., of the same.

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