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B-202041 1 (1981-05-20)

handle is hein.gao/gaobadjkg0001 and id is 1 raw text is: DECISION THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-024 DATE: May 20, 1981 MATTER OF: Louis Pohopek - ( ompensation for Traveltijm~2 Employee, nonexempt under Fair Labor Standards Act (FLSA) 29 U.S.C. 201 et seq. (1976), travelled for 6 hours on a nonwork- day during his corresponding duty hours. Although such time is hours of work under FLSA, since he had a holiday off and he only worked 38 hours under FLSA during that workweek and he has already been compensated for 40 hours under title 5, United States Code, he is not entitled under FLSA to 6 hours pay at his regular rate in addition to the 40 hours basic pay he has received. This decision is in response to a request from Mr. A. W. Countryman, Chief Steward and Mr. John P. O'Brien, President, Federal Employees Metal Trades Coun- cil, Portsmouth Naval Shipyard, Portsmouth, New Hampshire. They have requested our decision concerning the entitle- ment of Mr. Louis Pohopek, a pipefitter at the shipyard, to compensation for time he spent on a nonworkday, traveling to a temporary duty site. This question has been handled as a labor-management relations matter under our procedures contained in 4 C.F.R. Part 21 (1980). We did not receive any comments from officials at the Portsmouth Naval Shipyard. Mr. Pohopek was assigned to temporary duty in Scotland and was directed to begin travel at the end of his workday on Friday, September 9, 1977. He went from his home to Boston and departed for Scotland at 11 p.m. He arrived in Scotland at 2 p.m. on Saturday. Six hours of his traveltime on Saturday corresponded to his regu- lar workday hours. The union reports that the comptroller of the ship- yard stated that Mr. Pohopek, who is nonexempt under the Fair Labor Standards Act (FLSA) 29 U.S.C. 201 et seq., was not entitled to compensation for his Saturday travel- time under the FLSA since he had worked only 32 hours during the week prior to the travel - the Monday of that DIGEST:

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