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B-229363 1 (1988-10-17)

handle is hein.gao/gaobadnfz0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20U8 Decision Daniel L. Hubbel, et al. - Claim for Overtime - Matterof: Travel During Nonduty Hours File: B-229363 Date: October 17, 1988 DIGEST 1. National Labor Relations Board (NLRB) employees are not entitled to overtime or compensatory time for time spent in travel outside normal work hours to or from union represen- tation elections since the NLRB is given broad discretionary authority to hold and schedule such elections. It cannot be said that such events are unscheduled and administratively uncontrollable so as to permit overtime under the provisions of 5 U.S.C. S 5542(b)(2)(B)(iv) (Supp. IV 1986). 2. The National Labor Relations Board (NLRB) could make a determination as to immediate official necessity and compensate employees for travel during nonduty hours when they must investigate certain unfair labor practice cases. Where an NLRB employee performs return travel from an event which could not be scheduled or controlled adminstra- tively, the employee would be entitled to overtime compensa- tion or compensatory time under 5 U.S.C. S 5542(b)(2)(B)(iv) (Supp. IV 1986) for travel during nonduty hours. DECISION This case comes to us as a joint request for a decision under 4 C.F.R. Part 22 (1987) from the National Labor Relations Board (NLRB) Union and the NLRB General Counsel. The issue we are presented is whether certain NLRB employees are entitled to overtime compensation or compensatory time for time spent in travel outside normal work hours in order to conduct union representation elections or statutory priority case investigations. BACKGROUND The NLRB is charged with the statutory authority to administer secret ballot elections whereby employees can choose whether or not they wish to be represented for /7

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