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B-167602(THK) 1 (1981-05-19)

handle is hein.gao/gaobabkaw0001 and id is 1 raw text is: 





             COMPTROLLER GENERAL OF THE UNITED STATES
                      WASHINGTON, D.C. 20548


B-167602(THK)                             May 19, 1981





The Honorable Manuel Lujan, Jr.,

House of Representatives

Dear Mr. Lujan:

     This replies to your letter of February 20, 1981,
which transmitted documents pertaining to theEYaims e.-
            G. Bacar                       for overtime
compensatio5 and requested our views concerning them.

     During the period involved, January 1959 to July 1,
1966, Mr. Baca and the other claimants were employed as
guards by the General Services Administration (GSA) but
were assigned to duty at an installation of the Atomic
Energy Commission (AEC) in accordance with a memorandum
of understanding between the two agencies. The overtime
claimed is approximately 6 minutes before and 6 minutes
after the claimants' regular 8 hour tours of duty each
day, a total of 12 minutes a day or 1 hour a week.

     Claimants contend they were required to spend this
time at the work place picking up and returning parts of
their uniforms and firearms which they were not permitted
to wear or carry to and from their residences, standing
inspections, receiving instructions and assignments,
and walking between the location of these activities and
their guard posts. Claimants further contend that AEC
had authority to and in fact did officially order or
approve this overtime as required by law, 5 U.S.C.
5542. AEC and its successor, the Department of Energy,
support the claimants' contentions.

     GSA, on the other hand, disputes them. It maintains
that, except in the case of emergencies, only GSA could
officially order or approve overtime for these employees
under the memorandum of understanding and that GSA did
not approve the overtime here claimed.








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