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B-153307 1 (1978-02-15)

handle is hein.gao/gaobadfrz0001 and id is 1 raw text is: / , THE COMPTROLLUp.P DECISION . .5 . 0P THE UNITE. . t ~WACHAINGYON. 0.'-*, FILE: B-15 MATTER O DIGEST: 3307 C./ rAL iron DATE: February 15, 1979 F: Elder L. Gurley - Retroactive Overtime Compensation 1. Employee claimed overtime compensation for changing into and out of uniform at his residence. Claim may not be paid because changing of uniforms is not required to be performed at duty station, and the-efore is not compen- sable duty. 2. Civilian quards claimed overtime for pre-ihift and post-shift activity. Where it is determined that it takes GSA guards .3 minutes to obtain weapon and proceed to roll call loca- tion, while such time is considered to be work, it is not compensable as overtime as it is so nominal that it must be considered within the de minimus rule. This matter concerns an appeal by Mr. Elder L. Gurley from a settlement by our Claims Division which denied his claim for retroactive overtime compensation. The record indicates that Mr. Gurley was employed by the United States Navy as a civilian security guard at the White Oak Laboratory, Naval Surface Weapons Center, Silver Spring, Marylahd. On October 30, 1975, our Claims Division received a claim by Mr. Gurloy and four others for overtime compensation. Mr. Gurley requested payment pur-suant to the d'cision of the Court of Claims in Baylor v. United States, 198 Ct. Cl. 331 (1972), for an additional 30 minutes per day for changing into and out of uniform at his residence, and 5 minutes per day for drawing 4his weapon and ammunition and walking to the required place 'for muster and roll call. The administrative report indicated that the claimants were not required to ha1ge into and out of uniform after reporting to a designated lock-r area. The report con- cluded that since the employees in fact changed clothes at their residences, they were not entitled to compensa- tion for that activity. With regard to the claim for IF ill. I - I ______________ I I I

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