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B-238987 1 (1990-09-07)

handle is hein.gao/gaobadnug0001 and id is 1 raw text is: 


Comptroller General
of the United States
Waahingtou D.C. 20548
Decision





Matter of: Richard R. Bourbeau

File:        B-238987

Date:        September 7, 1990


DECISION

The issue in this case is whether Mr. Richard R. Bourbeau, who
is employed as a dual-status United States Army Reserve
technician (and whose position is not covered by the Fair
Labor Standards Act) may be paid overtime pay under 5 U.S.C.
§ 5542 (1988) for his participation in various administrative
assemblies held in the evenings after his regular work hours
from October 1980 to September 1985. His claim was denied by
our Claims Group on the basis that the overtime was not
ordered or approved by the agency.l/ For the following
reasons, we affirm our Claims Group's denial of Mr. Bourbeau's
claim.

In his appeal Mr. Bourbeau contends that he was induced by his
supervisor, who was also his commanding officer, to attend
these administrative assemblies, and has submitted further
evidence of the exact dates on which he attended them. His
appeal, however, does not contain any specific factual
evidence of the manner in which he was allegedly so induced.
The Army's report on this matter states, in reference to
Mr. Bourbeau and another employee, that,

      [they were aware of the] 94th ARCOM policy that
      prior permission from this headquarters was a
      necessary requisite for overtime pay. No such
      permission was sought or granted. Although their
      commander expressed a desire that they attend








 1/ Z-2865731, Sept. 10, 1989. We note that Mr. Bourbeau's
 original claim was received by our Claims Group on October 7,
 1985, within the 6-year period provided for in 31 U.S.C.
 § 3702(b) (1988).

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