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B-225183 1 (1987-08-03)

handle is hein.gao/gaobadmvd0001 and id is 1 raw text is: + 0 The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof- Robert Veleta - Overtime Compensation - Military Leave File: B-225183 Date: September 3, 1987 DIGEST An employee's claim for compensation for 8 hours of overtime work which he claims he would have worked but for being on military leave while on duty with his Reserve unit may not be allowed because he presented no evidence that the overtime was regularly scheduled or approved prior to the administrative workweek. DECISION This action is in response to a request for a decision pursuant to 4 C.F.R. § 22.1 et seq., from the union repre- senting Mr. Robert Veleta regarding his claim for overtime pay while on military leave for a period he was serving on active duty in the Reserves.l/ It is our view that the overtime involved is not compensable since it was not regularly scheduled; thus the claim may not be paid. Mr. Robert Veleta, a civilian employee at the Naval Air Rework Facility in Jacksonville, Florida, was on military leave during the period May 10 to May 23, 1986. On May 17, 1986, the employees in Mr. Veleta's shop were required to work overtime. Mr. Veleta requested pay for 8 hours of overtime, asserting that he would have worked overtime and received the pay had he not been on military leave. He submitted a grievance to the Department of the Navy. The agency issued a formal grievance decision denying Mr. Veleta's claim, noting that overtime pay may not be included in the pay Mr. Veleta received for his military leave period unless the overtime work was regularly scheduled. The agency made the determination that, while 1/ The request was submitted by Robert W. Hall, Business Agent, Truck Drivers, Warehousemen & Helpers of Jackson- ville, Local 512, Jacksonville, Florida.

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