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B-172671 1 (1977-03-08)

handle is hein.gao/gaobadedm0001 and id is 1 raw text is: THE COMPTROLLER GENERAL ' gCECIGION .)OP THE UNITED STATE IO . WABMINGTON. D.U.ace40 FILE: DATE: MAR S 1 MATTER OF: Z-1?2071 1iark Brtrin - Claim for compensatory time DIGEBT: whle in trevel staius 1. 17R*S Field Attorney claims compensatory time for travel time Incident to interview .f witness away from duty station and after regular duty hours. Clain* is denied since interview did vot create such immediate neceusity for travel ar t proclude scheduling of travel during reglar duty hours 'astier 5 U.S.C. 56101 (b). 3. Entitlement to uvertime (or compensatory time) for travel time under 5 U. S.C. S3542 (b)(2)(B)(lv) den da not only on the event necearitating travel being a lids- trailvely uncontrollable but also on the necessity for scheduling the travel during nonduty hours. If the scheduling of the travel during regular duty tours would not result in 2 or more days of additiorel par diem, then travel may not be scheduled during nonduty hours with resulting over- time lay. y-172671. November lo, 1074, modified. This action thin response to the request for a decision from Mr. 1Lbert, Dr, kers President, Natioal L.abor Relations Board Ulon (hereinatter referred to a the Union), concerning the entitlemet of Mr. Mark Buratein, a National Labr Relations Board (NLRB) ield Attorney, to overtime cOmpensation or compensatory time In lieu thereof for time spent in travel incet to the intervie of a witness after the employee's regular duty hours. Trhe facts In this case are not in dispute. It appears that on unovember 4p 107t, Mr. Buratein* who was assigned to the Milwaukee, Wiscounsa. NLas J.1egional Office left Milwaukee at 6:l5 p.m. and traveled to Oconomowoc. Wisconsin, to conduct a pre -trial interview of a witness scheduled to appear in a NLRB unfair labor practice trial. Mr. Bursein arrived at the witdeas' home In Oeonomowoc at 7 p.m.. completed the interview at Ea00 p.m.# and returned to Milwaukee at 9:15 p.m. He has requested 1-1/2 hours of overtime compensation (or compensatory time) for his travel time to and from the Interview in accordance with the provialons of 5 U. 8. C. I5 f542 (b)(2)(B)(iv), 5543 (Supp. V, 1975). The submission from the Union states that the witness to be interviewed had essential testimony for Cle trial and thst he had been somewhat uncooperative during the initial inveifgation of the unfair labor practice chzrge. In addition, the Umon stttes that a1

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