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B-242411 1 (1991-10-22)

handle is hein.gao/gaobadnyx0001 and id is 1 raw text is: 


lot.  Comptroller General
      or the United States
 p    Washingtar, DC, 20548

      Decisionf


Matter of:


Robert A. Buchan et al,
Overtime Pay


- Regularly Scheduled


File:

Date:


B-242411

October 22, 1991


DIGEST

FBI Special Agents, who receive administratively
uncontrollable overtime pay under 5 U.s.c. § 5545(c)(2)
(1988), were called upon to respond to a prison riot,  They
claim regularly scheduled overtime pay for the period of
November 29-December 4, 1987, in which they were rescheduled
to 12-hour shifts, We deny their claims for regularly
scheduled overtime pay since the 12-hour shifts were a one--
time, on-the-spot response to a short-term emergency
situation and were not regularly scheduled overtime within
the intent of the statute and the implementing regulations
in 5 C.F.R. § 550.151 (1991).

DECISION

Mr. Robert A, Buchan and 27 other Special Agents of the
Federal Bureau of Investigation (FBI), Department of
Justice, Chicago, Illinois,1 request that we reconsider our
Claims Group's denial of their claims for regularly
scheduled overtime pay.2 For the following reasons, we
affirm our Claims Group's action and deny their claims.

BACKGROUND


The 20 Special Agents involved i
of the Chicago Field Office of t
them reported to a federal priso
midnight on November 23, 1987, i
quelling a riot which hod erupte
2 other Special Agents arrived a
their first 2 days, they worked


n this appeal are employees
he FBI.  As ordered, 26 of
n in Atlanta, Georgia, at
n order to assist in
d. Also, as ordewed,
few days later. During
long hours with minimal time


I Mr. Buchan and the 27 other Special Agents were
originally represented by their counsel, Mr. R. William
Barton, Patterson, Belknap, Webb & Tyler, who filed this
appeal.
2 Settlement Certificate, Z-2861837, July 2, 1990.


IqSIS9

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