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B-205442 1 (1982-03-22)

handle is hein.gao/gaobadkeg0001 and id is 1 raw text is: DECIION COM4P4LLiI3/NERAL THe o RLL34 OF THE UN ITED GTATEO WASHINGTONs D., o R01548 0 B-205442 DATC-W March 22, 1982 MATTER OF: Lee S. Shenk at Home - Premium Pay for Standby Duty DIGEST: Emnioyee of National Park Service who was .equired to live in Government-furnished quarters and to be on call for emergen- cies after normal duty hours, is not entitled to premium pay for standby duty where employee's activities were not severely restricted and he was free to leave his residence provided he arranged for someone to respond to emergency calls. Neither would the employee's on call status be considered hou:s of work for payment of overtime under 5 U.S.C. 5 5542. This is in response to a request f$or an adva:ce decision (reference W8(WR-AF)) submitted by Ms. Foon C. Lee, an authorized certifying officer of the Department of Interior's National Park Service. The request seeks our decision concerning the disposition to be made of a claim by Mr. Lee S, Shenk, a park ranger at the Point Reyes National Seashore, Point Reyes, California, for standby pay, or in the alternative, overtime compensation, for those times Mr. Shenk was required to be on call in the evenings to respond to park emergencies. The claim cannot be allowed since Mr. Shenk's activities were not severely restricted and his on call status cannot be considered hours of work so as to entitle him to overtime. The submission states that Mr. Shenk, incident to his employment, was required to occupy Government-furnished quarters located within the Point Reyes National Seashore. As a part of his required occupancy Mr. Shenk was on call, 1 or 2 nights per week, to answer park emergency phone calls and to respond to emergencies as necessary. He was required to be at his residence from approximately 5-6 p.m. until 8 a.m., the next morning. However, he was free to leave his residence provided he gave notification to the dispatcher and found a replacement to handle calls in his absence. Other than being on call, Mr. Shenk had no other duties to perform while at home. - .,a.I - - . , ,*.. ft-, ., -'.10, . *N. -**. -- - # A# , ,* t' tud? FILE,

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