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B-202170 1 (1981-07-08)

handle is hein.gao/gaobacuvm0001 and id is 1 raw text is: 

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In reply refer to:
B-202170


July 8, 1981


Mr. Mike Harpold
President
National Immigration and Naturalization
  Service Counsel
P.O. Box 2353
San Francisco, California 94126

Dear Mr. Harpold:

     We refer again to your letter dated  February 9, 1981, on
behalf of employees who were detailed  to Fort McCoy, Wisconsin.
The matter presented was whether the employees  in question would
be entitled to overtime compensation  under 5 U.S.C. § 5542 for
time spent traveling to and from work by bus.

     As we stated in our letter dated March  2, 1981, our--regu-
lations require that a copy of your request  be served on the
appropriate agency representative and  that a statement of
service be submitted to this Office.  See  section 21.4 of the
enclosed regulations.  Since we have  not received the requested
statement of service we will not act on  this matter. We are
returning the enclosures to your letter  of February 9, 1981.
You may submit this matter to us again  upon compliance with
the service requirements of our regulations.

     In that connection you may wish  to consider the following
laws and decisions of the Comptroller General.

     Concerning traveltime as hours of employment  5 U.S.C.
S 5542(b)(2) (1976), provides  in pertinent part as follows:

     (b)  For the purpose of this subchapter--


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*


     (2)  time spent in a travel status away
from the officiaI-1ut! stat ion of an emolovee
is not hours of emoloyment unless--


O'/76r3   ?


UNITED STATES GENERAL ACCOUNTING OFFICE
        WASHINGTON, D.C. 20548


OmCrE OF GENeRAL COUNSEL


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