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B-217935 1 (1986-10-07)

handle is hein.gao/gaobadmna0001 and id is 1 raw text is: The Comptroller General of the United States Wahington, D.C. 20548 Decision Matterof: Edward A. Quijano File: B-217935 Date: October 7, 1986 DIGEST Upon reconsideration of decision B-217935, April 30, 1986, the Comptroller General concludes that the claimant, a former employee of the Veterans Administration, is not entitled to night pay differential for overtime work performed during his employment with that agency between 1976 and 1980. The claimant has the burden of proving that night work conducted between 6 p.m. and 6 a.m. is regularly scheduled within the meaning of this term as it appears in the applicable statute, 5 U.S.C. S 5545(a). Despite the presentation of new evi- dence, the claimant has again failed to provide the eviden- tiary support necessary to establish that the overtime worked at night was regularly scheduled and qualified for night differential under 5 U.S.C. S 5545(a). DECISION Mr. Edward A. Quijano has requested that we reconsider our denial of his claim for night differential for overtime hours he worked between 6 p.m. and 6 a.m. incident to his employment by the Veterans Administration between 1976 and 1980. / Essentially, the claimant has identified the overtime hours worked at night for calendar years 1977 and thereafter but has not provided adequate documentation to demonstrate whether these hours were regularly scheduled as is required by 5 U.S.C. 5 5545(a) in order to receive night differential in addition to overtime pay. Therefore, since this new evidence does not advance the claimant's case, we affirm our previous denial of Mr. Quijano's claim for night differential. 1/ Mr. Quijano's claim was denied in Edward A. Quijano, B-217935, April 30, 1986. O%3'1036

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