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B-198771 1 (1980-12-10)

handle is hein.gao/gaobadisy0001 and id is 1 raw text is: 





                      /i THE COMPTROLLER GENERAL
DECISION              .I OF THE   UNITED STATES
                        WASHINGTON, D.C. 20548


FILE: B-198771                DATE:\

Mr   ER OF:  Charles C. Mills -
      ;m   rOvertime  compensation


December 10, 1980


An employee who traveled by bus on
Sunday evenings incident to perfor-
mance of temporary duty on Monday
away from his official station is
not entitled to overtime compensation
since 5 U.S.C. 6101(b)(2), which pro-
vides that an employee's travel should
generally be scheduled during regular
working hours is not itself authority
to pay overtime and the travel involved
is not within the overtime provisions
of 5 U.S.C. 5542.  B-181316, August 23,
1974.  Employee is not entitled to
overtime for Sunday night and Monday
morning hours spent at temporary duty
station prior to beginning work.


     Mr. Charles C. Mills, an employee of the Department
of the Air Force, requests reconsideration of our Claims
Division's denial of his claim for 757 hours overtime
compensation for the period from September 1975 through
May 1978.  The denial is sustained.

     Mr. Mills, an FLSA exempt employee, was permanently
assigned to Nellis Air Force Base (AFB). His normal
duty hours were from 7:30 a.m. to 4:30 p.m. (8 hours plus
1 hour lunch), Monday through Friday. During a substan-
tial portion of the period covered by his claim he was
assigned to temporary duty (TDY) at Tonopah Electronic
Warfare Range, Nevada.  In order to comply with the TDY
orders aand ton  aTailable for duty on Monday mornings,
he traveled by Air Force bus which departed on Sundays
at 4 p.m. and arrived at Tonopah approximately 4 hours
later.  He worked approximately 10 to 12 hours each day
at Tonopah and returned to Nellis AFB by military bus
upon the completion of his duties. Ordinarily, he was
able to depart Thursday morning and thus to travel


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