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B-201436 1 (1981-04-16)

handle is hein.gao/gaobadjhv0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITEO BTATES o WASHINGTON. 0.C. 20548 FILE: B-201436 DATE: April 16, 1981 MATTER OF: Ronal(C. Randol -JOvertime Compensatio7 DIGEST:Bureau of Alcohol, Tobacco, and Firearms agent claims overtime compensation for overtime during period he states he was scheduled to work 12-hour days. Agency advises that upon completion of 8-hour day employee was on-call to report for duty if needed and that he was to indicate where he could be contacted. Employee is not entitled to overtime compensation as his activities and movements were not restricted. Where there is an irrecon- cilable dispute over facts between indi- vidual claimant and agency we are bound to accept agency's statement of facts. This action concernsLhe appeal by Mr. Ronald C. Randol, from our Claims Group's settlement dated October 24, 1980, which disallowed his claim for regularly scheduled overtime compensation pursuant to 5 U.S.C. § 5542(a). Mr. Randola special agent with the Bureau of Alcohol, Tobacco, and Firearms (ATF), Department of the Treasury,Cclaims that in connection with the Republican National Convention in Kansas City, Missouri, he performed regularly scheduled overtime during the period from August 11 to 20, 1976. AccordinglyChe requests ;ayment for such overtime0 under 5 U.S.C. § 5542(a) in addition to annual ,remium pay he receivedunder 5 U.S.C. § 5545(c) for administratively uncontrollable overtime. As evidence of such overtime work he has provided a copy of a letter fromthe ATF Special-Agent-in- K Charge dated July 29, 1976, to the Secret Service Intelligence Command Center in Kansas City, which stated that the ATF would provide security assistance to the Secret Service and the local police and that this assistance would be provided in two 12-hour shifts-The letter advised that ATF personnel would

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