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B-209767 1 (1983-05-17)

handle is hein.gao/gaobadlbp0001 and id is 1 raw text is: OECISION FILE: B-209767 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 DATE: May 17, 1983 MATTER OF: Kenneth L. Clark--Backpay--Computation on Reinstatement to Duty DIGEST: 1. Agency denied backpay for a portion of employee's involuntary separation since he had refused an offer of temporary employment during his appeal to the Merit Systems Protection Board, and also because he did not show he was ready, willing, and able to work during that period. Employee, however, was not obligated to accept alternate employment while admin- istrative appeals were pending. Further, no evidence shows that employee's medical condition during that period differed from his medical condition during the period for which he was awarded backpay. Accordingly, employee's claim for ad- ditional backpay is granted, with ap- propriate adjustments in annual and sick leave. 2. Employee claims that he is en- titled to additional overtime pay as part of his backpay award based on overtime hours worked by other employees during period of his separation. Agency based overtime payment on amount of overtime worked by the employee during preceding year. Based on the facts presented, this Office cannot say that the formula used by the agency in computing his entitlement to overtime is incorrect, Employee's claim for additional overtime in this respect is denied. This decision is in response to a request by counsel on behalf of Mr. Kenneth L. Clark, a former employee of the Puget Sound Naval Shipyard, Bremerton, Washington, for review of our Claims Group's Settlement Certificate Z-2836175, dated June 7, 1982. By that settlement, our ,Claims Group held that there was no

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