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B-212486 1 (1983-10-31)

handle is hein.gao/gaobadljp0001 and id is 1 raw text is: 0 THE COMPTROLLER GENERAL DECISION O F o THE UNITED STATES WASHINGTON. D.C. 20548 UNITEO FILE: B-212486 DATE: October 31, 1983 MATTER OF: Compensatory Time Off for Regularly Scheduled Overtime DIGEST: Joint submission from agency and union asks whether employees may receive compen- satory time off for regularly scheduled overtime work. We hold that both law, 5 U.S.C. S 5543, and regulations, 5 C.F.R. S 550.114, preclude the granting of compensatory time off for overtime other than that which is irregular or occasional. This matter comes to us as a joint submission from the Norfolk Navy Shipyard, Department of the Navy (agency), and the International Federation of Professional and Technical Engineers, Local 1 (union). It involves the question as to whether certain General Schedule (GS) employees have the right to choose between overtime pay and compensatory time off for all regularly scheduled overtime work they perform. No grievance has been filed in this matter. This request has been handled as a labor-relations matter under 4 C.F.R. Part 22 (1983), and pursuant to 4 C.F.R. § 22.7(b), the Comptroller General will issue a decision to the parties on their joint request. FACTS AND CONTENTIONS OF THE PARTIES On November 3, 1977, a negotiated agreement between the agency and the union became effective. The contract was scheduled to remain in effect for a period of two years, at which time it expired. Since then, the agency and union have been complying with the terms and conditions embodied in the contract. In this connection Article 28 of the contract provides: * * * This Agreement shall remain in effect for a period of two years from the date of its approval and, by mutual agreement of the parties, may be extended from year to year thereafter.

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