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B-193127 1 (1979-05-31)

handle is hein.gao/gaobadhgr0001 and id is 1 raw text is: 6 C/DECISICN F:LE: B-193127 .THE COMPTROrLLER GENERAL .k'I ' PTHE UNITED STATUE eVASHINGTON, D. C. 20545 DATE: May 31, 1979 MATTER OF: -Department of Labor - Overtime Compensation for Travultime DIGEST: Ibe mentof Labor employees who traveled outside regi ar working hours to attend training are not ertitled to overtime conpensation or their travel- time'iirder 5 U. S. C. S 5542 and Federal Peisonnel Myanu'al isthe clases were solely for the beihefit o the- enployees and the trafhing was an administratively controllable event. Tfhis.action-concerns the request'of David C. Zeigler, Director, AdiistaiTiePrograms, Occupatianal Safety aifd Health Adniiin- istration (OSHA), Department of Labor, for an advance decision as to whether employees who traveled outside regular working hours to atteid fraining courses scheduled on Monday morning may be paid overtime compensation. r.tZeigler reportstliat-grievances were1filed on jbehalftof five TH'AT. ziiployees cotilding 'flit their1c ietire-bargiining agreement was violated in that the employeessl ould have been compensated-for travel spent in weekend'travel stats or, that under theprovisionsA of the 'greement, travel should have-beeh scheduled diiring niYal working hours.. In this raegard, Article 27 of the agreement required OSHA to schedule and arrange for all official travel to occur within each employee's standard workweek and that travel which results from an event wh:.ch cannot be scheduled or controlled administratively is to be considered hours of employment for pay purposes. The grievances for ovettiime compensati6n were deiied by the Department of Labor on gro iiis thatte tiing couriesin question were under OSHA!s administrativercontrol and should have b6en scheduled to allow employee travL1iuring normal doitir hours. The record indicates that the determination was made because the classes were solely for the benefit of Federal OSHA employees. The general rule is that ti'aveltime outside of regular duty hours is not considered hours of employment and is not compensable except as provided for by the Congress in 5 U.S. C. § 5542 (1076). See Barth and Levine v. United States, 215 Ct. Cl. (Ct. Cl. No. 349-74, decided January 25, 1978). The relevalif statutory L

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