About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-256485 1 (1994-08-05)

handle is hein.gao/gaobadoex0001 and id is 1 raw text is: /523 Comprouer Genend d- of the United State$ ,WAian, D.C. 20148 Decision Matter of: Union Training - FLSA Overtime Pay for Travel Fil. B-256485 Date: August 5, 1994 DIGEST Employees who, under the provisions of 5 U.S.C. § 7131(d) (2) (1988) and the terms of a collective bargaining agreement, were granted official time to participate in a union- sponsored training seminar are not entitled to overtime pay under the Fair Labor Standards Act (FLSA) for return travel outside their normal duty hours. The travel was not directed by the agency nor primarily for its benefit so as to constitute hours of work under FLSA. However, the employees may be entitled to official time for the travel at straight-time rates under the collective bargaining agreement. DECISION The Director of Personnel Management, Forest Service, U.S. Department of Agriculture, (Reference: 6150-3-5), requests a decision on whether return traveltime from a union-sponsored training seminar after official duty hours is deemed hours of work and thus compensable as overtime under the Fair Labor Standards Act, 29 U.S.C. § 201, IL L2. (1988). For the reasons that follow, the traveltime is not compensAble as FLSA.overtime. However, the matter is remanded to the agency for a determination as to whether the employees are entitled'to official time under 5 U.S.C. § 7131(d) (2) for the traveltime. The question presented 'arises from a collective bargaining agreement between the Forest Service and the National Federation of Federal Employees (NFFE) providing that a bank of hours of official time will be made available to each local unit to enable union officials to attend union

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most