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B-191045 1 (1978-07-13)

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r-ILE: B-191045


OATE=:  July 13, 1978


MA    rR  OF:   James C. -olrflan - Compensation for Traveltime


DIGEST:


Exempt employee w0O traiteled Vrom temporary duty
station to perrmanar-t duty station on Sunday, a
nonworkday, is not entit.ed to overtin  compensa-
tion.  Employee was scheduled to return on Friday,
but a blizzard arose and tIe return trip was
delayed.  The record  tdnLicaea, howcVer, that
the return trip on Sunday did not meet any of the
condit ins set forth i.t 5 US.C . 5542(b) (2) (B) and
therefore, there is no basi0  or payment.


     This action can:erns th& request of Willis H. Staley, auth'rized
certifying officer, bureau of fleclaiation, Departinent of the Interior,
fcr a decision on the claim of Mr. James C. Holmai foil overtime pay
for 7-1/2 hours spent treJ.elinS from hit Leotorary duty station to
his permaiznt duty statJ cn on a rorwOrkday .

     The record shows thai; f4,. Holuan was per-nanently stationed
at Huron, South Dakota, aid had been termorarily assigmd to  artin,
South Dakota.  On Friday, Marcr' 11, 1.977, wcrk had been completed
at Martin and Mr. Holran expected to retirn to Huron on that day.
However, because of blizzard conditiars his Supervisors instructed
him to wait until the storn  ad uubsided beforoe atLempting the
return trip.

     By Sunday, March 13, 1971, the roads were surficiently clear
to permit travel and Mr. Hilmar' frade the return trip with two
other employees as passerngerf. They left Mrtin at 8:45 a.m. and
arrived in Huron at 4:15 p.m., taking a i0-rninutc lunch break.
On this basis, Mr. Holman ind the two palseercers ubmitted a claim
for 7-1/2 hours overtime compensation .

     In requesting payment, fr. floltin ootes that, were it not
for the blizard , the return tr Ip woujd havz- been made on Friday,
a regular workday.  le also notc  that the c.3aims cc the two em-
ployees who were passengers in hi4 car have be-n paid, and that
the agency would incur no CxceasLce in piyinig his claim because the
Rushnore Power Cooperative ir r-mir4  o2 i.        ,,Ilne '.he CGorn-
ment for all expenses incurrod In connection With th anfsignment
it Marnitin.


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