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B-222343 1 (1986-08-04)

handle is hein.gao/gaobadmkh0001 and id is 1 raw text is: U THE COMPTROLLER GENERAL DECIlON • OP THE UNITED STATES SWASHINGTON. 0. C. 2054B FILE: B-222343 DATE: August 4, 1986 MATTER OF: Dr. L. Friedman DIGEST: Entitlement to overtime compensation by Federal employees while in a travel status under 5 U.S.C. § 5542(b)(2)(B)(iv) requires that travel result from an event which could not be scheduled or controlled admin- istratively and that there be an immediate official necessity requiring travel in connection with the event. Thus, travel performed by an employee to attend a scheduled event conducted by a licensee of the employee's agency does not qualify as travel to or from an event over which the Government had a total lack of control, and the employee may not be paid overtime com- pensation for that travel. This action is in response to a request for an advance decision from the Nuclear Regulatory Commission regarding the claim of an employee for overtime compensation while in travel status.l/ It is our view that the employee may not be paid overtime under the circumstances presented. Dr. L. Friedman, an employee of the Nuclear Regulatory Commission, traveled from his duty station to observe a procedure conducted by a licensee of the agency on Friday, June 7, 1985. The agency states that the event was sched- uled by the licensee with advance notice, so that the agency was able to schedule Dr. Friedman's travel during his regular work hours on Thursday, June 6, 1985. The procedure apparently extended beyond Dr. Friedman's regularly scheduled work hours on Friday, and he was paid overtime compensation for the overtime hours during which he was actually observing the event. That evening after the 1/ The request was submitted by Graham D. Johnson, Director, Division of Accounting and Finance, Office of Resource Management, U.S. Nuclear Regulatory Commission, Washington, D.C.

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