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B-191691 1 (1979-03-21)

handle is hein.gao/gaobadhak0001 and id is 1 raw text is: DECISTflN FILE: THEC.OIVIPTRDLLER GENERAL OF THE UNITED STATES W ASHINGTON D. C 20548 N T~ 33 B-191691 DATE: March 21, 1979 MATTER OF: George W. Porter - National Guard Technician - CL ftM Compensatory Time . Temporary Duty Travel National Guard Technician who claims compensatory time for temporary duty travel performed outside of regular duty hours appeals GAO Claims Division disallowance of claim. Claims Division determination that traveltime was not hours of work under 5 U. S. C. S 5542(b)(2) since facts did not meet statutory require- ments is affirmed. Civil Service Commission advises that while 32 U.S. C. § 709(g)(2) excludes National Guard Technicians from overtime pay provisions of FLSA, Technician who performs travel which is hours of work under FLSA is entitled to compensatory time under 32 U.S.C. § 709(g)(2). After May 1, 1974--coverage of Federal employees under FLSA--claimant is entitled to compensatory time for traveltime outside regular work hours which is hours of work under Fair Labor Standards Act, 29 U. S. C. § 201 et seq. (Supp. V, 1975). By letter of March 3, 1978, Mr. George W. Porter, a National Guard Technician employed by the Department of the Army, New York Army National Guard, appealed the disallowance of his claim for 132-1/2 hours of compensatory time by our Claims Division in its Certificate of Settlement dated February 16, 1978. Mr. Porter, a National Guard Technician, grade GS-9, claimed entitlement to compensatory time in the amount of 132-1/2 hours for travel performed outside his regular duty hours of 8:30 a. m. to 5 p. m. in connection with temporary duty assignments during the period May 2, 1969, through August 1, 1974. Through most of this period Mr. Porter was employed as an Examiner in the office of the U. S. Property and Fiscal Officer, New York. He was required to travel frequently throughout New York State. He usually traveled by Government-owned automobile; however, he occasionally tra- veled by privately owned automobile or by common carrier. Mr. Porter's claim was received in the Claims Division on November 21, 1975. The Act of October 9, 1940, 54 Stat. 1061, as amended, by section 801 of Public Law 93-604, approved January 2, 1975, 88 Stat. 1965, 31 U.S. C. § 71a, provides that every claim or demand cognizable by the General Accounting Office (GAO) shall p DIGEST:

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