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B-238987.2 1 (1992-06-09)

handle is hein.gao/gaobadobu0001 and id is 1 raw text is: 



sComptroller General
           of the United States
           Wabington, DC, 20548
           Decision


           Matter of:      Richard R. Bourbeau - Title 5Overtirde Pay
                           Claim- Peconsideration

            File:          B-238987.2

            Date:          June 9, 1992

            DIGEST

            The statutory and regulatory requirements for overti(, pay,
            in 5 US.C. § 5542 (1988) and 5 C,F.R. § 550.111(c) (t991),
            respectively, are met if an employee is required to porform
            overtime work. Prior decision denying claim for overtime
            pay is affirmed on reconsideration where employee, asuenior
            supervisor, has not shown that he was required by his
            supervisor to perform overtime work,

            DECISION

            Mr. Richard R. Bourbeau requests reconsideration of our
            decision, Richard R. Bourbeau, B-238987, Sept. 7, 1990,
            which denied his claim for overtime pay under 5 U.S.C.
            § 5542 (1988). We affirm our previous decision,

            Mr. Bourbeau is qmployed as a dual-status United States Army
            Reserve etechniciVin, whose position is not covered by the
            Fair Labor Standards Act, However, he is eligible to
            receive overtime pay under 5 U.S.C. § 5542 (1988) (Title 5
            overtime pay), and he claims overtime pay for participation
            i: administrative assemblies held in the evenings after his
            regular work hours. The period of time involved in this
            claim runs from October 1980 to September 1985.1

            In bwtr previous decision, we held that.Mr. Bourbeautwas not
            entitled to receive overtime pay because he had not shown
            that he was ordered or induced by his supervisor/commanding
            officer to attend administrative assemblies.2 On reconsid-
            eration, we find that although Mr. Bourbeau was required to
            attend administrative assemblies: he has not established


            IMr. 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. 5 3702(b) (1988).
            Zsichar'$R. Bourbeau, B-238987, Sept. 7, 1990, affirming
            Claims Settlement, Z-2865731, Sept. 10, 1989.

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