About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-179186 1 (1976-04-13)

handle is hein.gao/gaobadiyn0001 and id is 1 raw text is: 


                 ( . THE COMPTROLLER GENERAL
 DTECISIoN      /°t2-4.     OF THE UNITED STATES
                         -AZWASHINGTON. 0. C. 20548


                                              Ae 131976      i
 FILE:   lB-179186                DATE:                  Cl0

 MATTER OF: Department of Interior - Reconsideration of Mine
                Inspectors' Compensable Traveltime

 DIGEST:    1. Mine inspectors who work first-40-hour workweeks
               may be compensated for time spent in travel on
               official business during their first 40 hours. Any
               time spent in nontravel work after first 40 hours
               is compensable overtime. B-179186, October 24,
               1973, modified.

            2. Mine inspectors' travel, which due to nature of the
               mine Inspection work is found to be an inherent part
               of and inseparable from their work, is compensable
               as regular or overtime work. However, mine in-
               spectors are prohibited from receiving overtime
               compensation for any time they spend in training
               under the Government Employees Training Act.
               5 U. S. C. § 4109. B-179186, October 24, 1973,
               modified.


    This decision involves a request from James T. Clarke,
Assistant Secretary of the Interior, for reconsideration of our
decision B-179186. Cctober 24, 1973. That decision concerned the
payment of overtime compensation to inspectional employees of the
Bureau of Mines, Department of the Interior, who performed a sub-
stantial amount of travel away from their official duty stations.


                         BACKGROUND

   In decision B-179186, sur, we stated that with regard to those
employees whose workweek was the first 40 hours of duty, hours of
duty or hours worked included _ * * all time during which an em-
ployee is required to be on duty at his headquarters or to be at a pre-
scribed work place and time spent in travel to and from a prescribed
place of duty will not be considered hours of duty unless such travel
ualifies under one of the four considerations specified in 5 U. S. C.
§ 5542(b)(2)(B).  Therefore, we held that Bureau of Mine inspectors
who worked a first-40-hour workweek were improperly paid overtime
compensation for time spent in traveling to and from their work. We


                                                       ,0f.j 7 ? C:=  ,:


(}~99O7q~ ~e77~7~/

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most