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

B-167602 1 (1978-10-30)

handle is hein.gao/gaobadgns0001 and id is 1 raw text is: I S1.> THE COMPTROLLER USNERAL . DCISION . ? OP THE UNTE eTAorms WASMIN1 TON, D.C. M3OB 0 V( drr% 4, FI.E: 0-167602 DATE: octder 3I 3978 MATTER OF: Lorenzo G. Baca1 et al. - Overtime Compensation DIGEST: Firnez General Services Administration quards request reconsideration of prior GAO decisions denying their claims for overtime compensation for preshift and postshift duties. Since guards have failed to meet their burden of proof in,. showinq that overtime was ordered or approved, prior deciisions are sustained. We do not reach questions W whether to offset duty-free lunch or whether duies were more than de minimus. '~ 1 II ii -.4 I This action is in response to a request for re- consideration of our peior decinions B-167602, August 11, 1977, and August 4, 1976, and 53 Comp. Gen. 171 (1973), denying the cleims of 15 former General Services Adminis- tration (JSA) guards for overtime compensation for duty performed prior to July 1, 1966. The facis in this case are fully set forth ir. our previous decisions on these claims (cited above) and Will ,pt be repeated except where necessary. Our prior deciutons held that the quards had not presented sufficient evidence to establish (1) that the overtime was officially ordered or approved, (2) that the 30-minute lunch period was not duty-free and therpfore could nct be offset against overtime claimed, and (3) that the time necessary forethe3e preshift and postshift duties was more than de minimus. On appeal the guards argue t'iat puruuant to a memo- randum of understanding between the Atomic Energy Commission (AEC) and GSA, AEC was given the' authority to order -or approve overtime. In addition, the guards hive furnihed statements from two former AEC officials, Messrs. Ralph Fitz and W.C. Roussel, to the effect that the guards were induced to perform overtime by these officials who were authorized to order and approve overtime. The memorandum of understanding provides, in pertinent part, as follows: j I I

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