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B-180021 1 (1978-08-31)

handle is hein.gao/gaobadgif0001 and id is 1 raw text is: 0 I DCISIONl FILE: B-1t002 MATTER 175-3( ' T COrMIPTROLLERRD2NSFIAL .N'.*, 1 . Fx THE UgNIT oE I3TATGI3 a 4 WAS HN. I N rTON* D.C. Dgt 1107 DATE: Aptnt 31, 1978 OF: Dopartment of the Treasury - Travel to Unfair Labor Practice Hearings DIGEST: Department of Treasury employees on Sunday in order to appear as w at dnfair labor practice hearing following Mondby. Agency question unfair labor puactice hearing is tvatively uncontrollable event fo of determining employee's entitle overtime compensation under 5 U.S (1976). Since Assistant Regional Department of Labor, may cause no hearing to 'oe issued set-tin9 the the hearing with sufficient time agency to schedule travel, 4the ad cobtrol of the hearinq remains wi Govkrnment. Thus, traiveltime outs the regilarly scheduled workweek unfair labor practice hearing may be considered as hourn of work fo compensation. This action concerns the reouest of G Chief, Fiscal Division, Bureau of Alcohol,! Firearms, Department of the .Treasury, for a decisibn as to whether employees who travel to participate in an unfair labor practiceI scheduled for the following Mondlay morningt overtime compensation. traveled itnesses on s whether adminis- r purpose ment to .C. 5 5542 Director, tice of time for for rministrative th the ide o'f to an not r overtime en'A., McDonald, Tobcco and n advance on Sunday hraring may be paid Mr. McDonald reports that pursuant to Executive Order 11491, October 29, 1969, as amended, the Assistant Secretary for Labor Manaqement Rlations, Department of LaJ&r, scheduled an unfair labor practice hearing in Washington, D.C., on Monday, Novemher 7, 1977, between th moreau and the Nati4nal Treasury Employees Union, the exclusive representative of a grour, -f bargaining unit empolyees at the Bureau. Four o'pioyeus from Ke'tucky were called to testify on Monday mornina as witnesses at the hearincj. In order to arLive in tiae for the Monday hear inq, the employees traveled to Washinc ton, D.C. on Sunday and reonuested overtime ;iy for such trcavel. The oucstion that Mr. McDonald presents is whetter an unfair labor prnctice hearing is an administrative uncontrollable 9j I ) I I 9 9 ft I I i I 1 'is I * I -i S I ,0% f -j I !I

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