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B-175363 1 (1974-11-26)

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    7.CISION





S   FILE: B-175363


DIGST-i-L_-U      .1


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




       DATE:  November 26,.1974


MATTER   OF:  Richard H. Bush - Overtime compensation


DIGEST:   1.  Federal Protective Officer (FPO) employed by the
              General Services Administration requested review
              of the disallowance by our Transportation and
              Claims Division of his claim for overtime com-
              pensation believed due because he was allegedly
              required to change into and out of uniform after
              duty hours at his place of employment. The dis-
              allowance is sustained, even though claimant may
              have performed overtime since even if immediate
              supervisor required such work, he was not-authorized
              to do so and official who was properly authorized
              to order or approve overtime work did not require
              such work and had no knowledge that it was being
              performed.

          2.  Federal Protective Officer (FPO) employed by the
              General Services Administration appealed our Trans-
              portation and Claims Division's disallowance of his
              claim for overtime compensation allegedly due be-
              cause he was required to eat his meals at his post.
              Djsallowance is sustained, even though as a result
              of a grievance, management allowed FPOs to eat
              lunch out of public sight, since claimant's lunches
              were eaten during his normal 8-hour shifts for which
              he was already compensated.


     This action results from an appeal from our Transportation
and Claims Division's settlement, dated August 13, 1974, which
disallowed the claim of Mr. Richard I. Bush for overtime compen-
sation believed due incident to his early reporting and delayed
departure during the period April 5, 1971, to October 16, 1972,
and because he ate lunch on duty time while employed as a Federal
Protective Officer (FFO) in Region 9 of the General Services
Administration (GSA).

    For the period from April 5, 1971, to October 16, 1972,
*   Bush contends that he was required to be on post for a period
of time in excess of his regular 8-hour shift so that he could
change into and out of his uniform. Mr. Bush, therefore, claims
Overtime compensation for an average of 24 minutes per day of


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