GFT filed a petition for Judicial Review in the Superior Court of Guam on over-time pay owed to Stevedores at the Port Authority of Guam. The Civil Service Commission determined that the Stevedores were not entitled to the overtime because the “Employees did not render services in excess of forty (40) straight time hours during the work week in question.” GFT finds the CSC ruling in error for the following reasons:
•PAG Policy memorandum 04-88 requires that employees who have work assignments cancelled prior to the commencement of work shall be compensated for the cancellation of work.
•PAG rules and regulations direct that plaintiffs shall be provided with shift work consisting of eight (8) hour work days over five (5) consecutive days.
•PAG rules and regulations direct that plaintiffs shall not have their schedules changed or otherwise adjusted if the purpose of the change or adjustment is to avoid the payment of overtime to the plaintiffs.
These employees worked over eight hours in a day and are entitled to the overtime pay according to the Port rules and regulations, Port payroll policy and the collective bargaining agreement. Review petition