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B-197645 1 (1981-05-21)

handle is hein.gao/gaobadjkh0001 and id is 1 raw text is: 

                                      THE COMPTROLLER GENERAL
              DECISION                oF THE UNITED        STATES
                                      WASHINGTON. 0. C. 20548



             FILE:  B-197645                DATE: May 21, 1981

             MATTER OF: Compensation for Overtime


             DIGEST-'Department of the Interior, Bureau of Land
                    Management, is advised that although annual
                    premium pay under 5 U.S.C. § 5545(c)(2) for
                    administratively uncontrollable overtime and
                    overtime compensation under 5 U.S.C. § 5542(a)
                    for regularly scheduled overtime are mutually
                    exclusive, an employee may receive both forms
                    of compensation if the criteria for each are
                    met, provided that the employee may not receive
                    both forms of compensation for the same work.

                  This is in response to a request by Mr. Frank Gregg,
             Director of the Bureau of Land Management, Department of
,             the Interior, as to whether an employee of the Bureau may
     I ¢''11 i receive both premium pay  e     .S.C.      -. for
              regularly scheduled overtime and 'nrleT-SeLi  5-5+c)
              f-er administratively uncontrollable overtime.

                  We are advised that the employee concerned is in
             charge of the investigation of an oil and gas leasing
             program. As part of the investigation this employee
             reviews each lease proposed for issuance. We are
             advised that while the number of leases subject to
             review is not controllable, the time for making the
             review is controllable. The Director advises that
             in his judgment the lease review will have to be con-
             ducted outside of normal duty hours as the employee
             involved will have to devote his normal duty hours
             entirely to the investigation. Accordingly, if other-
             wise proper, a tour of duty will be established for
             the employee for the hours 7:45 a.m. to 7:15 p.m.
             from Monday through Friday. In addition to his regu-
             larly scheduled hours of work the employee will
             perform some uncontrollable investigative work on
             weekends. We have also been informally advised that
             the employee is currently authorized payment of premium
             pay on an annual basis under 5 U.S.C. § 5545(c)(2)
             for administratively uncontrollable overtime. Thus,
             we are asked whether the employee may receive premium
             pay for the uncontrollable overtime together with
             overtime compensation for regularly scheduled over-
             time hours of work.



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