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B-196465 1 (1980-04-16)

handle is hein.gao/gaobadiel0001 and id is 1 raw text is: X OECLSION FILE: B-196465 MATTER DIGEST: 0LLER 0 ,, L E _( LE cc/ 13YA7 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 2054a DATE: April lb, 1960 OF: George W. Lovill -remium Pay for Standby Duty at Hom7 Employee is not entitled to premium pay for standby duty at residence on Government reservation. Although he was on call and was paid overtime for emergency gauge reading and other types of work after his regular hours of duty, his activities and movements on off-duty hours were not severely restricted and he was not on ready alert. Also, where there is irreconcilable dispute over facts between individual claimant and agency, we are bound to accept agency's statement of facts. This decision concerns the appeal by Mr. George W. Lovill of our Claims Division settlement dated July 18, 1979 (Z-2813745). The settlement denied his claim for overtime standby compensation. For the reasons stated below we sustain the settlement. Mr. Lovill is employed by the United States Army Corps of Engineers as a Reservoir Manager. He contends that his position required him to live in Government housing during the period July 18, 1972, to April 9, 1974, and July 1, 1976, to January 30, 1978, and that the nature of his position required him to be on call 24 hours per day. Mr. Lovill refers to his job description and various other documents in support of his contention. He says that his job description states that inspection and sur- veillance is the continuous responsibility of an incumbent and that other internal documents require him to notify a District Safety Officer when an accident occurs, and that he read gauges at various times while off duty. Mr. Lovill also has furnished pages from a Master Manual for Reservoir Regulation, pertaining to Big Sandy River Basin, dated July 1964, which provides general instructions that the damtender-in-charge or one of his assistants shall be in or near the reservation at all times. In addition, Mr. Lovill relies on our decision, Ralph E. Conway, B-176924, September 20, 1976, wherein we held that a lockmaster, a wage board employee, was entitled to overtime compensation for standby duty where the record showed his activities and movements were extremely restricted and he was on ready alert. 112,01 F) 1-d - _:Z

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