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SPINKS v. UNITED STATES POSTAL SERVICE

No. 77-3858.

621 F.2d 987 (1980)

Scipio E. SPINKS, Appellant, v. UNITED STATES POSTAL SERVICE, Appellee.

United States Court of Appeals, Ninth Circuit.

June 19, 1980.

Attorney(s) appearing for the Case

Ira M. Kleinman, Oakland, Cal., for appellant.

John Arbuckle, San Bruno, Cal., Robert S. Mueller, III, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before TUTTLE, SKOPIL and SCHROEDER, Circuit Judges.

SCHROEDER, Circuit Judge:

The appellant, Scipio Spinks, is employed by the United States Postal Service in Oakland, California, as a supervisor. Until November of 1975, he worked on tour one (11 p. m. to 7:30 a. m.), when he was transferred to tour three (3:30 p. m. to midnight). Supervisors were then paid, in addition to their base pay, an hourly night differential premium for each hour worked at night. Since the transfer resulted in his working fewer nighttime hours...

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