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B-181347 1 (1977-03-02)

handle is hein.gao/gaobadedb0001 and id is 1 raw text is: 9
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DECISION          ...   .


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FILE:  B-181347

MATTER   OF:


                  ruce  Goddard
                  Cir.Ners.
THU  COMpY@OL.LEP MNEWAL
ow  r#m UNITED UTATUE
WASHINGTON. D.C. *0548



      DATE:   Maruh 2a ],m


J tes G. Genius -Overtime
C (npensation for Travel


DIGEET:


Agricultural Marketing Serviceu (AMS)
gradin  hispector claims overtime com-
pensat h for travel under 5 U. S. C.
5 5542 b)(2). Travel. in response to
reques 0 for grading services, to places
adjacetit to his permanent duty station
for wh Ch schedulfig of requests canot
be contolled by AMS, is not compensable
if resp flse to such requests is incliided in
employee's regularly scheduled duties.
This is so since, althougi. requests are
not cortrollable by AMS, it schedules time
of employee's travel. Moreover, travel to
such r#gular duty assignments is normal
commut$ng travel which is not compensable
under A t. S. C. S 5542(b)(2).


    This decision is at the request-of Mr. John Balog. Chief.
Fiscal Operations' ad 'Services Branch. Financial Services
Division, Aticultul  Mai4ifing Service, Department of Agri-
culture, who believ(os Initructions given AMS by our Claims
Division'by letter ot Qctober 29, 1974, Z-2506552-TEM-1, are
inconsistent with deb$aions Ti-175808, June 19, 1972, and Novem-
ber 15, 1973. The 0iatter discussed in letter Z-2506552-TEM-1.
supra. is whether Mv. James G. Genius may be paid overtime
compensation for tifWoe he spent in travel outside of his regular
duty hours cduring t4e period September 23. 1970, through
October 14, 197Z, ip.ident to his employment with the Grain
Division of AMS.

    The record sho w that Mr. Genius' permanent duty station
and residence are located in New Orleans. Louisiana.
Mr.  Genius' duties 'Wth the Grana Division include responding
to requests of appli4ants for grding services at various lo-
cations in and aroind New Orleans outside his regular duty


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