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B-156407 1 (1976-07-14)

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            THE  COMPTROLLER GENERAL
            OF   THE UNITELI STATES
            WASHINGTON.  D. C. 20540



17                 DATE:    JUL 14 1976


DECISION




FILE;-  B-15640


   :  W. S. Brandenburg. Herbert C. Johnson       9   C
      and William E. Thompson - Overtime compensation
 1. Claims of civilian guards for overtime compensa-
    tion denied prior to Baylor v. United States,
    198 Ct. C1. 331 (1972) on basis that any early
    reporting was offset by paid lunch period are
    again denied on same basis.
 2. Claims of civilian guards who request reconsidera-
    tion of their claims for overtime compensation
    denied prior to Baylor decision. which only pre-
    sent issue of whether overtime was properly authorized,
    will be forwarded to employing agency for determination
    in light of Baylor standards. Agency should pay
    or deny such caims, only referring doubtful claims
    to Comptroller General.

3.  Claims of civilian guards who reouest reconsideration
    of their claims for overtime compensation denied
    prior to Baylor decision, which present issue
    previously resolved agains claimant, cther than
    issue of proper authorization, should be initially
    handled in accordance with procedures generally
    applicable to requests for reconsideration.

4.  Claims of civilian guards for overtime compensation
    presented for first time pursuant to decision in Baylor
    and for periods prior to effective date of Fair Labor
    Standards Amendments of 1974 should be forwarded
    to employing agency for payment or denial of claim
    in accordance with law as established in Baylor'
    Only claims considered doubtful or reclaims sh ould
    be forwareded to Comptroller General for decision.

5.  Employee, cook at Chanute Air Force Base, claimed
   overtime for early reporting and delayed leaving.
   Claim is disallowed since record indicates that,
   although he was recuired to wear ce ss; White
   uniforms, there was no requirement for early
   reporting or leaving and he had the option to wear
   uniform to and from work.


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