ELR Citation: ELR 20263
No(s). 98-66 (Ct. Cl. Apr 29, 1971)

Plaintiffs, 99 quarantine inspectors stationed at various points of entry into the United States (including automobile border crossing inspection stations), are not entitled to recover either on their claim for overtime pay or on their hazardous duty pay claim. Plaintiffs alleged that they were entitled to hazardous duty pay under 5 U.S.C. §5545(d), because the high concentrations of carbon monoxide to which they are exposed in the course of their employment are likely to cause serious disease or fatality. Tests were performed which established that the carbon monoxide content of the ambient air and of the blood of the inspectors (differentiated for smokers and non-smokers) was higher than normal under border inspection station conditions; however, medical experts both for plaintiff and defendant agreed that it could not be "positively" stated that carbon monoxide had a harmful effect on the inspectors. Plaintiffs' expert emphasized the "possibility" that toxic effects occurred.

Counsel for Plaintiffs:
Jeffrey M. Glosser
1341 G Street, N.W., Suite 921
Washington, D.C. 20005

Counsel for Defendant:
L. Patrick Gray III Asst. Attorney General
Edward M. Jerum Attorney
Civil Division
Department of Justice
Washington, D.C. 20530
(202) 737-8200