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B-176580 1 (1976-06-24)

handle is hein.gao/gaobaddcu0001 and id is 1 raw text is: 


DECISION


FILE:


B-176580


MATTER OF:


LER
        THE  COMPTROLLER GENERAL
        OF   THE UNITED STATES
        WASHINGTON, D.C. 20549
 ITO


                  DATE:   JUN  2'  (1976

Richard 1. Martin - Overtime compensation
for preliminary and postliminary duties


DIGEST:


Veterans Administration (VA) employee whose
claim was considered under B-176580, August 7,
1974, appealed certificate of settlement
disallowing claim. Certificate of settlement
is sustained as no evidence presented to
distinguish case from B-176580, supra, which
disallowed overtime claims of two represent-
ative employees at VA Hospital, Augusta,
Georgia.  Overtime was regular and had not
been officially ordered or approved as is
required by 5 U.S.C. § 5542(a) (1972).


     By a letter dated October 1, 1975, Mr. Richard W. Martin
appealed Settlement Certificate No. Z-2481416, issued January 10,
1975, which disallowed his claim for overtime compensation for
preliminary and postliminary duties performed incident to his
job at the Veterans Administration Hospital in Augusta, Georgia.
Mr. Martin's claim was originally received in our Office on
June 2, 1972, in the name of Richard W. Martino and the Settle-
ment Certificate issued January 10, 1975, was issued in that
name.  These duties included inter alia changing into and out
of Government furnished uniforms at a locker provided in the
hospital and reporting for duty in uniform prior to the begin-
ning of a shift.

     Mr. Martin's claim was one of many considered in our
decision B-176580, August 7, 1974, in the matter of claims
for overtime com.pensation of Veterans Administration employees
under Bates v. United States, 196 Ct. Cl. 362 (1971). In
that case, we disallowed the claims of Messrs. Raymond Aaron, Jr.,
and Raymond L. Adams, employees of the Veterans Administration
Hospital in Augusta, Georgia, as overtime compensation for the
performance of preliminary and postliminary duties for which
overtime was claimed constituted regularly scheduled overtime
and had not been officially ordered or approved as is required
by section 5542(a) of title 5, United States Code (1970). That
decision was dispositive of claims of other employees of the


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