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B-215686 1 (1984-12-26)

handle is hein.gao/gaobadmbz0001 and id is 1 raw text is: ISQc0-A THE COMPTROLLER GENERAL OECISION .OF THE UNITED STATES WAS H INGTO N. 0. C. 20548 FILE: B-215686 DATE: December 26, 1984 MATTER bFT Richard F. triggs . DIGEST: 1. Claimant, an investigator for the Air Force, was required to be available by telephone so that he could be called back to his duty station if his services were needed. He is not entitled to premium pay because his residence had not been designated by the agency as his duty station and his duties were not so substantially restricted as to bring him within the purview of 5 U.S.C. § 5545(c)(1) as implemented by 5 C.F.R. § 550.143. Neither would the employee's standby or on-call status be considered hours of work for payment of overtime under 5 U.S.C. § 5542. 2. Claimant, an investigator for the Air Force whose rate of pay was not in excess of maximum rate of grade GS-10, should have received overtime compensation for call-back overtime work instead of compensatory time off if he did not request the compensatory time off. However, payment may not be made in this case because the claimant has not provided evidence sufficient to establish that overtime was worked for which compensatory time had not been requested. This matter concerns the appeal by Mr. Richard F. Briggs of the settlement of our Claims Group which disallowed his claim for overtime compensation for standby duty for the period from August 1963 to 1976 and for call- back overtime dut for the period from August 1963 to December 3, 1976._/ Mr. Briggs' claim is based on his I/ By Settlement Certificate Z-2847675, February 27, 1984, the Claims Group denied Mr. Briggs' claim for overtime compensation.

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