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B-198387 1 (1980-06-10)

handle is hein.gao/gaobadiil0001 and id is 1 raw text is: 





                       ~THE COMPTROLLER GENERAL
DECISION .              OF  THE   UNITED STATES
                        WASHINGTON. D.C. 20548
                  r4SI  c


FILE: B-198387                DATE:  June 10,1980

MATTER  OF:  Frank E. McGuffin -e          pensation


DIGEST    (1)' Civilian guard who was allowed duty-
               free lunch break of at least 20 minutes
               during his 8-hour shift cannot receive
               overtime compensation for preshift and
               postshift duties of not more than 20
               minutes since the lunch period offsets
               the preshift and postshift duties.
               Although the guard may have been restric-
               ted to th.e base during lunch he.was free
               to leave his post and was free to eat any-
               where else. Raymond A. Allen, B-188687,
               September 21, 1977.

          (2)  Civilian guard was not required to change
               uniform at work but was free to do so at.-
               home. Therefore claim for twenty minutes
               overtime compensation for uniform changing
               time is disallowed. William C. Hughes, Jr.,
               B-192831, April 17, 1979.


     Mr. James M. Peirce, President, National Federation    oo
of Federal Employees, has appealed the Bisalluwance of
Mr. Frank E. McGuffin's claim for overtime compensation,
believed due incident to Mr. McGuffin's employment as a
civilian guard with the Department of the Army's Defense-f1
Civilian Police Branch at the Mi itary Ocean Terminal,
Bayonne, New Jersey.

     The record shows that the guards at Military Ocean
Terminal worked three 8-hour shifts as follows: 7:30a.m.-
3:30 p.m.; 3:30 p.m. - 11:30 p.m.; and 11:30 p.m. - 7:30
a.m. Each shift included a paid 30 minute lunch break.
Mr. McGuffin claims 40 minutes overtime pay per day for
the following: 10 minutes prior to and 10 minutes after
his shift for changing into and out of uniform; 5 minutes
prior to and 5 minutes 'after his shift for drawing and
returning weapons, ID cards and reports; 10 minutes after
his shift for waiting to be relieved from outlying posts.
His claim covers the period June 13, 1966 through Decem-
ber 14, 1976.


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