About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-188687 1 (1978-05-10)

handle is hein.gao/gaobadfzv0001 and id is 1 raw text is: DECIHION FILE: B-188687 MATTER DIGEST: Vs ? HE COMPTNCLLER ENERAL I . THE UNITED Avars I LVHASHINOYON. 0.C. R 5a 1'M gik DATE: May, 10, 1978 OF: Raymond A. Allen et al., Overtime for General Services Administration Guards Decision in Raymond A. Allen, B-188687 September 21, 1977, held that duty-tree break periods regularly taken by certain employees should be aggregated to deter- mine daily total of break-times to offset against otherwise compensable overtime. During rest breaks, unlike lunch breaks, employee is in pay status dro'1 may not generally absent himself from his place of work. Thus, rest breaks may not be used as an offset against otherwise com- pensabfle overtime. Decision in Allen dated September.21, 1977, is therefore modified to prohibit use of rest breaks for offset purposes.4. This action constitutes a reconsideration of our decision in the Matter of Raym6nd A. Allen et al., B-188687, September 21, 1977. That decision considered the claims of certai; Federal Protective Service employees for overtime compensation for'preliminary and post- liminary a-tivities in accordance with the holding by the Court of Claimsain Baylor v. United States, 198 Ct. C1. 331 (1972). The facts in this case are fully st.L forth in our previous de- cisioniof Sentember 21, 1977, concernink this matter, and need not be -reiterated here except as necessary. In that decision we stated that definite amounts of duty-free breaktime may be aggregated for setoff purposes. Thus,-we held that two 15-minute break periods may be aggregated to offset equal amounts of pre-shift and post-shift overtime. By a letter dated December 22, 1977, Mr. L. M. Pellerzi, General Counsel ot the American Federation of Government Employees, requests that we.reconsider our determination that such break periods may be offset against otherwise compensable overtime. In particilar, Mr. ?ellerzi distinguishes between rest periods and .lunch periods. He contends that in Baylor, the Court of C.-ims used the concept of breaktime to refer exclusively to lunch pei ods. Mr. Pellerzi I - ~Lt p k~j'

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most