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B-164689 1 (1976-03-26)

handle is hein.gao/gaobadddm0001 and id is 1 raw text is: .TI-PE CGIVPTROLLEP GENERAL OF THE UNITED STATES0 VJ A S - I ASHINGTON. 0. C..20548 FILE. -DATE: MAR 2 6 1976 T B-164689 MATTER OF: Jacqueline Bailey - Entitlement to overtime or compensatory time off DIGEST: Where employee of U. S. Marshals Service receives premium pay on an annual basis for administratively uncontrollable overtime and performs administratively scheduled irregular overtime for 2-1/2 hours in connection with training course, claim for time and one-half overtime compensation or compensatory time off is disallowed since 5 U. S. C. § 5545(c)(2) (1970) and inplementing regulations provide that employees receiving premium pay on an annual basis receive such pay in lieu of all other forms of premium compensation for irregular or occasional overtime. This action is in resnonse to a letter dated October 8. 1975, from the Assistant Attorney General for Administration. an authori7ed certifying officer for the Department of Justice, requesting a decision as to whether Ms. Jacqueline Bailey, an employee of the United States Marshals Service, is entitled to time and one-half overtime compensa- tion or, alternatively, compensatory time off, for 2-1/2 hours work performed in ccnnection with a training course at the U. S. Marshals Service headquarters. The record shows that at all times pertinent to this inquiry, Ms. Bailey was receiving premium pay on an annual basis for administratively uncontrollable overtime. After having worked 10-1/2 hours on April 16, 1975, Ms. Bailey was ordered to perform an additional 2-1/2 hours work in connection with a training course being held at the U. S. Marshals Service headquarters. Subsequently, she claimed time and eri-half overtime pay for the additional 2-1/2 hours and, when that recuest was denied, requested alternatively that she be granted compensatory time off. 'This recIuest was also denied. The Assistant Attorney General for Administration seeks a ruling as to the propriety of both determinations. Section 5545(c) of title 5, United States Code (1970), provides . with regard to com pensation for administratively uncontrollable overtime work as follows: (c) The head of an agyency, with the approval of the Civil Service Commission

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