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B-210697 1 (1983-09-29)

handle is hein.gao/gaobadliz0001 and id is 1 raw text is: 

                    -~  ~.THE COMPTROLLER GENERAL            ~.
  DECISION              ..OF o THU UNITEO       STATES
                        -&.'WASHINGTON. D.C. 20548




  FILE:  B-210697               DATE:    Septemrber 29, 1983

  MATTER OF: Local 3369, American Federation of
               Government Emloyees, AFL-CIO - Claim for
  DIGEST:      Overtime Compensation - Traveltime

        1. Employees of Social Security
            Administration are not entitled to
            overtime compensation under 5 U.S.C.
            § 5542(b)(2), for time spent traveling
            in agency-hired buses from one dis-
            trict office to another during the
            New York City transit strike of April
            1980 because all of the offices
            involved were within the employees'
            official duty station. Moreover,
            none of the conditions specified in
            5 U.S.C. S 5542(b)(2)(B) were
            satisfied.

        2. Employees of Social Security
            Administration are not entitled to
            overtime compensation under the FLSA
            for time spent traveling in agency-
            hired buses from one district office
            to another during the New York City
            transit strike of April 1980 because
            such travel was home to work travel.
            The day's work ended before the buses
            were boarded and it is undisputed that
            no work and no preliminary or postlim-
            inary activities were performed while
            traveling or upon debarkation from the
            buses. See cases cited.

     Local 3369, Amnerican Federation of Government
Employees, AFL-CIO (AFGE), has requested a decision pursuant
to 4 C.F.R. Part 22 (1983), concerning the claims for
overtime compensarion for time spent by employees of the
Social Security Administration traveling from home to their
worksites during the New York City transit strike of April
1980. The activity was served with a copy of the union's
submission and filed no response or comment. We hold that
the traveltime involved is not compensable overtime under
5 U.S.C. S 5542(b)(2) or under the Fair Labor Standards
Act.

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