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B-205219 1 (1982-03-15)

handle is hein.gao/gaobadkdn0001 and id is 1 raw text is: TMRI CDMPTRCLL% 1 ENPRAlo DECISION F' THI UNITED STATES _ WAHINGTONt D oc,20540 FILEi B-205219 DATE; ?4arch 15, 1982 MATTER OF: £ee fl. Mcclure - Claim for Overtime Compensa- tion for Time Necessary to Change Into and Out of Work Clothes DIGEST; Department of Air Force employee who worked as a meat cutter claims overtime at the rate of 112 hour per day for timespent daily changing into and out of work clothes, relying on 'axlor v, United States, 198 Ct. Cl. 331 (1972)9 Disallownce by the claims Group is sustained since there in no evi- dence that the agency either directly or indirectly required or induced claimant to change into and out of work clothes on the employment premiso-s. Furth.,r, there is no evidonce of the actual time needed daily for changing uniforms. This decision is on anl appeal to a settlement by the GAO Claims Group dated November 19, 1980, requested by Lee R. McClure tHe is appealing the disallowance of his claim for payment of overtime comp ensation of 30 minutes a day for time required to change into his uniform and back into civilian clothes incident to his employment as a meat cutter during the period of April 1966 through January 31, 1977, at the Whiteman Air Force Base Commissary. Our Claims Group affirmed the employing agency's dis- allowance of the claim, due to the lack of any evidence that overtime work was authorized or that claimant was required or induoed to report early to change into work clothes or to stay late to change out of them, The Claims Group. also pointed out the lack of any validation of the overtime hours claimed. Finally, the Claims Group stated that any claim for overtime prior to November 23, 1973, was barred under our 6-year statute of limitations, Act of October 9, 1940, 54 Stat. 1061, as amended, 31 U.S.C. § 71a. Thus, the relevant period for consideration is from November 23, 1973, through January 31, 1977. We agree with the analysis of the Claims Group and therefore, sustain the disallowance of overtime compensation to Mr. McClure.

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