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B-159835 1 (1976-03-11)

handle is hein.gao/gaobaddej0001 and id is 1 raw text is: 


                            THE COMPTROLLER GENERAL
  DECisioN                -I OF THE UNITED STATES
                            /WASHINGTON. D.C. 20548



  FILE:   B-585DATE:                         A      9       q
          B-159835-
 MATTER   OF:
                 Lewis E. Keith, Jr. - Overtime compensation

 DIGEST:
             1.  Cvertime work to be compensable for
                 civilian employee on military or court
                 leave must have been regularly scheduled
                 and such employee would have been
                 required to perform the overtime duty
                 during period involved.

             2.  Employee of United States Government
                 Printing Office, absent on military and
                 court leave, not entitled to overtime
                 conm pensation under provisions of 5 U. S. C.
                 §§ 6322 and 6323 as he would not have
                 worked overtime in his work unit had he
                 not been on military and court leave.

     This action is in response to a request by the Public Printer,
   U ed t   GovernenP         g             for- o e as -
to whether he has the authority to authori7e payment of overtime
compensation to Mr, Lewis E. Keith, Jr., an employee of the Com-
posing Division, GPO, during periods of time vhn Mr. Keith was on
military leave from 1970 to 1975 and while on court leave in 1972.

     The record discloses that Mr. Keith is a member of the Air
Force Reserve and is required to perform active duty training every
summer  for a period of 2 weeks. 'The claimant states that annually,
since 1970, he has lost 40-45 hours of overtime compensation dur-
ing his periods of active military duty that he would have earned had
he remained on duty in the Composingr Division of GPO. He also
states that he lost I overtime pay while serving on jury duty in 1972.

     The Public Printer states that employees in the Composing Divi-
sion did in fact work overtime. while Mir. Keith was on active military
duty. The Public Printer also reports that although overtime was
worked in Mr. Keith's particular organization, such overtime work
was not scheduled nor required. le states further that the overtime
work was strictly voluntary and that enough volunteers were obtained
to perform the recuired work. Informal contact with management
officials of GPO discloses that the overtime work in question was
occasional and irregular in nature; was a day-by-day proposition;
was not scheduled in advance of the time worked; no advance duty
rosters were made; and the work was performed on an s-required
basis.




                        ciQV75

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