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B-190803 1 (1978-02-09)

handle is hein.gao/gaobadfpr0001 and id is 1 raw text is: THE COMrTROL.WN WdNAL CECIUICWN .o. * THE UNITED STATUE SWASHINGUroN, 0.0. a05am %9 %TSU '1 PiLE: B-190803 DATE: tbruary 9, 1978 MATTER OF: Arthur L. Butler - Overtime Compensation DIGEST: 'I I' ii * I .4 ii Ii I! ______ I K-~ Civilian guard claimed overtime for pre- shift and post-shift activity. Dispute exists between agency and employee con- cerninq amount of time reacired to perform suph activity. GAO decisions are based upon the written record. Where the written record before us presents a material dispute of fact that cannot be resolved without an adversary hearing, we are recuired to deny the claim because the claimant has failed to establish his claim. Based on adminis- trative determination that such time totalled 2 minutes daily, claim is denied since Court cf Claims has required that such time equal or exceed 10 minutes to be compensable. By a letter dated October 25, 1977, Mr. Arthur L. Butler appealed the denial by our Claims Division of his claim for overtime compensation. Mr. Butler's claim is for certain pre-shift and post- shift activity alleged to have been performed as a Federal Protective Officer of the General Services Administration (GSA), Region 9, in Phoenix, Arizona, from February 6, 1972, to February 3, 1974. Specifically, Mr. Butler has claimed a total-of 20 minutes each day during the claim period for obtaining and returning a weapon, and to travel between the weapon control point and his post of duty. In Settlement Certificate No. Z-2610516, dated October 12, 1977, our Claims Division denied Mr. Butler's claim for overtime compensation. Among the reasons for the Claims Division's conclusion was the fact that there was no requirement by GSA Region 9 that employees should report early or leave late for the purpose of changing into or nut of Mniform at their place of employment. Further, the Acting Regional Administrator of Region 9 informed the Claims Division that the time to draw and replace weapons and to travel between the control point and the post of. *

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