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B-198474 1 (1981-02-20)

handle is hein.gao/gaobadjdb0001 and id is 1 raw text is: DECISION .1 FILE: B-198474 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0.C. 20548 DATE: February 20, 1981 MATTER OF: Henry F. Alcantar - Standby duty at home Claimant who was employed as a radiology technician for the Veterans Administration, was required to be available by telephone to perform after hours radiological services. He is not entitled to premium pay under 5 U.S.C. 5545(c)(1) as his residence had not been designated as his duty station and his activities were not substantially restricted. Neither would employee's on-call status be considered hours of work for payment of overtime under 5 U.S.C. 5542. This action concerns the appeal by Mr. Henry Alcantar of the Claims Divisio j' action of December 10, 1979 which disallowed his claim for overtime compensationj for the period May 1, 1974, to June 14, 1976. This c laim is incident to Mr. Alcantar's contention that he was required to remain in a standby duty status while at his home in connection with his duties as a radiology technician at the Veterans Administration (VA) Medical Center, Sepulveda, California. The information provided by the agency shows that during the period in question Mr. Alcantar, together with other radiology technician employees, was required to sign up for on-call duty once every 4 nights. The employee on-call was required. to contact the center and leave a telephone number where he could be reached during those times that he was not at home. There is nothing in the record that shows that the agency had designated Mr. Alcatar's home as his duty station; The two provisions in title 5, United States Code, which provide authority to reimburse an employee for standby duty are sections 5545(c)(1) and 5542. Section 5545(c)(1) authorizes the head of an agency to pay premium pay on an annual basis to an employee in a position requiring him regularly to remain at, or within the confines of, his station during longer than ordinary periods of duty, a substantial part of which 19, Tob7 3, DIGEST:

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