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B-193623 1 (1979-07-23)

handle is hein.gao/gaobadhky0001 and id is 1 raw text is: DECISION p THE COMPTROLLER GENERAL * . OF THE UNITED STATES - WASHINGTON. D.C. 20548 Tt r(-7 /L~ V FILE: B-193623 DATE: July 23, 1979 MATTER OF: Ear Matchett - Overtime Compensation While in Travel Stats . DIGEST: Customs Inspector stationed at Blaine, Washington claims overtime compensation for travel time from station through Canada to perform temporary duty at Point Roberts, Washington. He is not entitled to overtime compensation. Dr iving was not performed during regular tour of duty.-fke/ --Also, driving on hard-surfaced roads, although through allegedly high crime areas, does not constitute travel under arduous conditions, This action concerns the appeal of Mr. Earl Matchett, a Customs Inspector stationed at Blaine, Washington, from the disallowance of his claim for overtime compensation for travel during non-duty hours in 1975 from Blaine to a temporary duty assignment at Point Roberts, Washington because his travel time did not meet the criteria for overtime payment set out under 5 U.S.C. 9 5542(b)(2). He appeals the disallowance by our Claims Division on the basis that he was, entitled to pay from the time he left his permanent duty station until he returned to it because: (1) the overtime was regularly scheduled, officially ordered and approved; and, (2) the travel was performed under arduous conditions / For reasons discussed below, we disallow Mr. Matchett's appeal and sustain our Claims Division's decision. The travel Mr. Matchett performed was between his permanent duty station and Point Roberts, a Customs installation located 26 miles from Blaine on a peninsula accessible by highway only through Canada. The Point remains open 24 hours a day and requires three shifts of inspectors. Since it has staffing problems, inspectors from Blaine provide relief for its regular inspectors. Each Blaine inspector travels to the Point for temporary duty about 21 times a year. At the outset, we note that Mr. Matchett believes that his position was improperly classified as exempt from the provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. H§ 201-19 (1976). We shall not, however, consider his claim under the ELSA since he is an exempt employee and protests against such classification can be referred only to the Office of Personnel Management. See B-51325, October 7, 1976. .9 L -

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