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B-195692 1 (1981-05-05)

handle is hein.gao/gaobadjiw0001 and id is 1 raw text is: 



                           THE COMPTROLLER GENERAL
   DECISION            .    OF THE UNITED STATES
                 0WASHINGTON. 0.C. 2054E




   FILE: B-195692                DATE: May 5, 1981        (7

   MATTER OF: United States Government Printing Office ,
               Security Police Employees             0

   DIGEST: Security police employees of the United States
            Government Printing .Office who, as a result
            of their work schedule, must acquire their
            uniforms during their off-duty hours are not
f,47;/wmr ^71.1      to overtime compensation for 4e
            time spent in acquiring t-e-r uniforms_. The
            time involved does not constitute overtime
            work for the purposes of 5 U.S.C. § 5544
            (1976). In addition, the time spent by the
            employees is not compensable as overtime
            hours worked under the Fair Labor Standards
            Act, 29 U.S.C. § 201 et seq.

       The issue in the present case is whether security
   police employees of the United States Government
   Printing Office (GPO) are entitled to receive overtime
   compensation for off-duty time spent acquiring uniforms
   prescribed by the GPO to be worn in the performance of
   official duties. For the following reasons, there is no
   basis to pay the employees overtime compensation under
   either 5 U.S.C. § 5544 (1976) or the Fair Labor Standards
   Act of 1938, as amended, 29 U.S.C. § 201 et seq. (1976).

       The question was presented by Vincent T. McCarthy,
   Esq., General Counsel, United States Government Printing
   Office.

       Prior to January 1979, GPO security police employees
   were paid a uniform allowance in accordance with 44 U.S.C.
   S 309(a) and 5 U.S.C. § 5901. Each employee then purchased
   his/her uniform from private vendors on off-duty time
   without compensation. Subsequently, the GPO standardized
   its uniforms with those of the General Services Administra-
   tion (GSA). In connection with this, GPO entered into
   an arrangement with the GSA whereby the GPO security police
   uniform items could be obtained from the GSA store in
   Bladensburg, Maryland.

       The GSA store is open Monday through Friday from
   7:30 a.m. to 4 p.m. Since the store operates only during




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