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B-167602 1 (1976-08-04)

handle is hein.gao/gaobaduim0001 and id is 1 raw text is: 

                         51 THE COMPTROLLER GENERAL
 CIECISION                  OF THE UNITED STATES
                            WASHINGTON. 0. C. 20546



 FILE: B,-167602                  DATEAUG    4 1976
 MATTER OF:                      et al, - Claims by guards
                for overtime
 DIGEST:    1. Former General Services'Administraton
                (GSA) guards at Albuquerque,. New Mexico,
                ,filed claims for overtime compensation for
                preliminary and po4timinary duties, Prior
                GAO decision (53 Comp. Gen, 181) denying
                these claims i sustained since claimants
                have furnished no additional evidence that
                supervisor, who allegedly ordered overtime,
                was authorized to do so, or that overtime
                was actually ordered by him.
            .2. Former GSA guards at Albuquerque,
               New Mexico, 'iled claims for overtime
               compensation for: prelim inary and post-
               liminary duties. Overtime claims for 32
               minutes per day are denied as -de minimus
               since record Indicate* that Rs were
               .allowed to wear uniforms to and from home
               and that other activities did not exceed 10
               minutes per day which is considered
               de minimus. Also, record indicates that
               ofiet for 30-minute lunch period should
               .be made against 32 minutes claimed.

            3. Former GSA guards at.Albuquerque,
               New Mexico, subsequently transferred to
               Atomic Lnergy Commission (AEC), filed
               claims for overtihe compensation for pre-
               liminary and postliminary duties. Fact that
               AEC sUbsequently authorized 6 minutes
               overtime before and after each shift does
               -not provide basis for allowing claims for
               duty performed for, GSA. By authorizing such
               overtime AEC acquired control over these
               periods and could have required additional
               duties.

   This decision concerns the claims of 15 individuals for overtime
compensation for duty.performed prior to+July 1, 1966, while em-
ployed as guards by the General Services Administration (GSA) at


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