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B-192831 1 (1979-04-17)

handle is hein.gao/gaobadhde0001 and id is 1 raw text is: A\ TH\TME-COMPTRDLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-192831 DATE: April 17, 1979 MATTER OF: William C. Hughes, Jr.- kreshift and postshift dutie -Overtime DIGEST: ' L-F 1. Civilians employed by the Federal Govern- ment as security guards may be entitled to overtime compensation for time spent chang- ing into and out of uniform, if they are required to perform that activity at their place of duty; but if they are permitted to change clothes at home and are not required to do so at the place of work, they are not entitled to additional compen- sation. Hence, Navy security guard is not entitled to retroactive overtime compensa- tion claimed for time spent at his residence changing into and out of uniform. 2. Preshift and postshift activities that might be regarded as work, but which do not involve a substantial measure of time and effort, are de minimus, and may not serve as a basis for the payment of overtime compensation; there- fore, Navy security guard is not entitled to retroactive overtime compensation claimed for time spent in.checking out a weapon and reporting to roll call, where the Department of the Navy reported that such activities required no more than 3 minutes' time. 3. The General Accounting Office does not hold adversary hearings in order to resolve disputed issues of fact, and where written statements submitted by a Government agency and an individual claimant present an irrec- oncilable dispute of fact, this Office has no alternative but to accept the agency's state- ment of the facts; thus, in a matter of over- time claimed by a Navy security guard for checking out a weapon and reporting to roll call, Navy Department's statement that such activities took only 3 minutes is accepted, notwithstanding any contrary assertion.

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