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B-190369 1 (1978-02-23)

handle is hein.gao/gaobadfsi0001 and id is 1 raw text is: * N \ -~4 SQ FILE: B-19 MATTER O DIGEST: 0369 DATE: bary 23, 1978 F: John T. Teuke - Premium Pay Por Standby Duty At Home 1. Claimant, a radiology technician employed by Veterans Administra- tion, may not receive premium pay for on-call duty.performed at his home or within 25 miles of hospital because Veterans Admin- istratior, had not designated his homp as his duty station and his activities were not so narrowly restricted as to bring him within the purview of 5 U.S.C. 5 5545(c)(1) ps implemented by 5 C.P.E. S 550.143. 2. Radiology technician who while on call was required to be available by telephone or paging device with range of 25 miles, either at his residence or elsewhere within 1 hour's drive to work, is not entitled to overtime compensation for standby duty under 5 U.S.C. 5 5542 since, in view of relative freedom of location and activity, time spent on call was not spent predominately for his employcr's benefit. --Thisdecision is issued in response to a request for reconsideration of the action taken August 25, 1977, 'by our Claims Division dinallowing the claim of Mr. John T. Taske for premium pay for standby 'duty covering the period from October 18, 1970, through April 27, 1975, as a special procedure techniciar employed by the Veterans Administration (VA) Hospital at DWrmingham, Alabama. The record reveals that during the period in question, the claihnant was periodically scheduled to remain on- call to perform special radiological procedures during - -.Boba v V --3 0.~o *1 I) 9 'I II I I I I I - - - khkw. I muE CCMUDTUOLLUN UENP1417 CUCIWION . op Tum umITE wtars WAUMINSTON, D.C. MO O43 ca , Iuj I

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