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B-201628 1 (1981-05-21)

handle is hein.gao/gaobadjki0001 and id is 1 raw text is: DECISION FILE: B-201628 MATTER DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 DATE: May 21, 1981 OF: Ralph E. Jamison - Premium Pay for Standby Duty at Home Employee is not entitled to premium pay for standby duty at residence on Govern- ment reservation. Although he was on call and eligible for overtime for emer- gency operations after his regular hours of duty, his activities and movements on off-duty hours were not severely restricted and he was not on ready alert. Also, where there is an irreconcilable dispute over facts between individual claimant and agency, we are bound to accept agency's statements of facts. B-196465, April 16, 1980. Mr. Ralph E. Jamison requests reconsiderat '.n of our Claims Group's November 21, 1 80 denial of hisclaim for standby overtime compensatioJ The denial is sustained. Mr. Jamison, an employee of the United States Corps of Engineers, at Mosquito Creek Dam and Reservoir, was assigned as a wage board employee, Maintenance Man, during the period July 30, 1967, through August 28, 1977, and as a Genetal Schedule employee, Facility Manager, from August 29, 1977, through July 13, 1978. He contends that his employment required him to live in Government housing and that he was ordered to remain at his duty post after duty hours on a 24-hour basis to be available to perform work in connection with flood emergencies, disturbances and demonstrations, weather reporting, and emergency gate operations. The Pittsburgh District Corps of Engineers confirms that Mr. Jamison was at one time required to live in Govern- ment housing. However, the administrative report indicates that beginning in the latter part of 1969 or the middle of 1970, area and reservoir managers within the Pittsburgh District were informed that those employees who lived in Government housing were not required to remain at or near their residences or duty posts after their regularly sched- uled tour of duty. This is confirmed by statements of other district personnel. Although subject to call for emergency duty and required to leave a telephone number where they could be reached, employees who lived in Government housing were free to spend time outside duty hours as they pleased. 0/ _

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