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B-170264 1 (1978-05-31)

handle is hein.gao/gaobadgar0001 and id is 1 raw text is: I j I'S a rat OgC13ION FILE: 3-170264 MATTER rIGEST: I im THE CCJMPTMOLLER GENERAL aP TMH LNITED STAYS WASHINGTON. D. C. 20548 DATE: May 31, 1978 OF: Paul E. Laughlin - Standby duty at remote radar site FAA employee assigned to 3-day workweek at remote radar site and required to remain at facility overnight for nonduty hours spanning workweek is not entitled to overtime compin- eation for standby duty for nonduty hours. Radar site was manned 24 hours per day by on-duty personnel and there ii no showing that employees were required to hold them- selves in readiness to perform work outside of duty hours or that they were required to remain at the facility for reasons other than practical considerations of the facility's geographic isolation and inaccessibility in terms of daily commuting. This decision was faitiated by Mr. Paul B. Laughlin's appeal from Settlement Certificate Z-2602719, December 14, 1977, denying his claim for overtime compensation. Subsequent to September 21. 1970, Mr. Laughlin, an employee of the Federal Aviation Administration (FAA), was assigned to duty at the Silver City Long.Range Radar Facility, a remote radar site. He claims overtime compensItion. for standby duty performed at that radar facility from Septeimber 21, 1970, to July 6, 1975, after which date he was reassigned to a 4-day workweek, including 28 hours of regularly scheduled standby duty, for which he received 25 percent premium pay under 5 U. S.C. 5 5545(c)(1). During the period for which he claims overtime compensation, Mr. Laughlin was assigned a 40-hour workweek consisting of 3 consecutive days of 14, 12,. and 14 hours each. He claims that as a conditicn of his exiiployment he was. required to remain at the facility overnight for the hours spanning his assigned workweek. The FAA has explained that because of the Silver City Facility's remote location, the agency provides furnished living quarters for its eiployees who renain'on site during their off-duty hours. The agency has advised that nrior to July 6, 1975, employees were not in fact required to remain at the facility after duty hours be- cause of work requirements, but that they were free to leave the station during nonduty hours, inasmuch as the radar site was manned by on-duty personnel for 24 hours per day. I Lz7 I I

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