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B-226173 1 (1987-08-20)

handle is hein.gao/gaobadmur0001 and id is 1 raw text is: E ~The Comptroller General of the United States 4 Washington, D.C. 2O0U8 UDecision Matterof. Debra Ruth Wolin - Reimbursement for Compensatory Time - Separation - District Court Employee File: B-226173 Date: August 20, 1987 DIGEST A former employee of a United States District Court claims reimbursement for unused compensatory time upon separation on the basis of an agreement between herself and the Clerk of the Court. Her claim is denied. The employee was appointed by the Clerk of the Court under provisions of 28 U.S.C. S 751(b), to a position outside the competitive service, so that compensatory time and overtime provisions in title 5, United States Code, do not apply. Her compensation is fixed pursuant to statutory authority in 28 U.S.C. S 604(a)(5), and there is no provision for payment for overtime or accrued compensatory time in the statute or implementing regulations. Federal employment relationship is statutory, not contractual, and Government is not bound by the unauthorized acts of its agents. DECISION INTRODUCTION This decision is the result of a joint request from the Administrative Office of the United States Courts and the United States Claims Court, based on an Order of the Court dated April 9, 1987, in the matter of Debra Ruth Wolin v. United States, No. 818-86C.l/ The subject matter is a claim of Ms. Wolin for reimbursement for accrued compensatory time and other relief. For the reasons that follow, Ms. Wolin's claim is denied. 1/ This Office has a longstanding policy not to comment on a matter pending before a court of competent jurisdiction; however, all parties to this proceeding agree that the matter should be resolved by this Office.

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