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B-210065 1 (1984-04-02)

handle is hein.gao/gaobadlps0001 and id is 1 raw text is: . THE COMPTUOLLEN DENENAL OECISION . OP THE UNITEO STATES WASHINGTON, O. C. 20648 FILE: B-210065 DATE: April 2, 1984 MATTER OF: Janice C. Hankins and Annie Archie - Overtime While Traveling DIGEST: 1. An NLRB Field Examiner in a travel status claims compensatory time for after-hours return travel incident to a hearing conducted away from her duty station. Basis for claim is assertion that the hearing's late start was an uncontrollable event and supervisor's request to continue hearing late to complete record established the immediate official necessity under 5 U.S.C. S 5542(b)(2)(B)(iv). Claim is denied. While delays in the field may prevent an employee from performing return travel during normal working hours, such delays do not qualify as an uncontrollable event which requires after-hours travel as a matter of official necessity under those provi- sions. Employee is then merely returning to duty station with no special urgency requiring that travel. 2. An NLRB Field Examiner in a travel status in one case, claims compensa- tory time under 5 U.S.C. S 5542(b)(2)(B)(iv) for after-hours travel to meet an essential witness in a second case, who was to be inter- viewed that evening. Claim is denied. The after-hours travel did not qualify as an administratively uncontrollable event since it was set by mutual agreement and could have been arranged for a later date. This decision is in response to a request from the General Counsel, National Labor Relations Board (NLRB), for our opinion concerning the entitlement of two employees to receive overtime pay or compensatory time off for after- OQa_--70i I 1 l

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