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B-196276 1 (1980-04-15)

handle is hein.gao/gaobadieh0001 and id is 1 raw text is: 



o   p THE COMPTROLLER GENERAL
           OF   THE UNITED STATES
           WASHINGTON. D. C. 20548


B-196276


DATE:  April 15, 1980


MATTER   OF:   Werner F. Michel-       vrtime. Compensation
               for Surveillance Activities7


Agent of Bureau of Alcohol, Tobacco, and Firearms
was assigned to surveillance project for 6-week
period. Amount  of overtime performed was not pre-
dictable and did not recur on successive days or after
specified intervals. Thus, overtime was not reg-
ularly scheduled, and agent may not be compensated
for time and one-half overtime in addition to premium
pay for administratively uncontrollable overtime.


    This decision is in response to the appeal of Mr. Werner F.
Michel from our Claims Division's settlement (Z-2812231) ,
August 15, 1979, denying his claim for additional overtime com-
pensation. The issue is whether Mr. Michel is entitled to com-
pensation for regularly scheduled overtime in addition to annual
premium  pay for administratively uncontrollable overtime in
connection with surveillance work he performed during a 6-week
period.

   Mr.  Michel, an agent with the Bureau of Alcohol, Tobacco O
and Firearms, Department  of the Treasury, was assigned from
March  26 to May 7, 1978, to a surveillance project which
involved substantial amounts of overtime. The scheduled tours
of duty for the surveillance project were 5 p.m. to 6 a.m.
and 5 a.m. to 6 p.m.,. and during this 6-week period Mr. Michel
claimed reimbursement for 91-1/2 hours of regularly scheduled
overtime.  Mr. Michel worked different shifts on 7 consecutive
days from March 28 to April 3, 1978, and during this period he
reported for duty early or remained late on an irregular basis
and without prior scheduling. For the period from April 4 to
May  7, 1978, Mr. Michel's participation in the survellance pro-
ject was limited to.only four 13-hour shifts, and on those 4 days
he reported early or remained late without prior scheduling.
In addition, there was no recurring pattern to Mr. Michel's
overtime work during these 4 days.

    The agency denied Mr. Michel's claim on the ground that the
hours of overtime claimed were administratively uncontrollable
overtime and he was already receiving annual premium pay for
all overtime except regularly scheduled overtime. Mr. Michel


DECION


FILE:


DIGEST:

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