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B-182695 1 (1975-09-15)

handle is hein.gao/gaobadcpc0001 and id is 1 raw text is: DECISION FILE: THE COMPTD,. _ER GENERAL 4 OF THE UNITEM STATES WASHINGTON. D.C. 20548 DATE: SEP 15 1975 B-182695 MATTER OF: DIGEST: Horace M. Thorne-Overtime-Compensatory Time- Position Classification Employee claims overtime pay in lieu of compensatory time and questions the classification of his position. Since Civil Service Commission determinations on classification appeals are binding on this Office under section 5 U.S.C. a 5112(a) (1970), GAO has no authority to determine position classifications or to modify agency or Commission classifi- cation actions. With respect to overtime, employee's position of Project Analyst GS-301-12 was determined by his agency and the Comnission to be exempt from Fair Labor Standards Act. Under discretionary authority of 5 U.S.C. 5543(a), agency policy provides compensatory timU rather than pay for authorized overtime for employees above grade GS-10, step 10. This action concerns an appeal by Mr. Horace H. Thorne from the disallowance of his claim for 8 hours overtime compensation for work performed on May 4, 1974, in lieu of 8 hours of compen- satory time authorized by his agency, the Department of Health, Education and Welfare (HEW), Office of Education, as set forth in Settlement Certificate of September 11, 1974, issued by our Transportation and Claims Division. Mr. Thorne seeks an expla- nation and justification for the application of Public Laws 93-259, 80-617, and 93-112, Section 501 to his position and to the 8 hours overtime that he worked on May 4, 1974. Additionally, he asks for a determination of whether his position at the Office of Education is a Project Analyst, GS-301-12, or a GS-1720-13, Education Program Specialist, and thus a professional position. Under Comission ration and subject to 5 U.S.C. i the provisions of 5 U.S.C. 8 5105, the Civil Service. has the authority and responsibility for the prepa- publication of standards for classification of positions the General Schedule. Each agency is required by 5107 to place its positions unless otherwise provided 4? -75 --1 2 t/

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