Claim for Overtime Compensation

A Federal employee appealed a Claims Group's settlement which disallowed his claim for regularly scheduled overtime compensation. The employee requested payment for overtime in addition to annual premium pay which he received for administratively uncontrollable overtime. As evidence of the overtime, he provided a copy of a letter from his supervisor which stated that services would be provided in two 12-hour shifts by personnel available either at the office or by telephone on a 24-hour basis. The claimant was listed in the letter as one of the personnel who were assigned to the 12-hour shifts. The agency stated that the letter did not authorize overtime work but merely advised another agency that a response team would be available should assistance be necessary. The employees were on call since their whereabouts could be ascertained, but otherwise they would be performing their normal duties unless they were off-duty. The employees were not required to stay in a fixed location awaiting contact from the other agency but were accessible during a given 12-hour period if assistance was needed. GAO found that the letter did not establish that the employee and his co-workers were in an actual duty status for 12 hours per day. Where the written record presents an irreconcilable dispute of fact between a Government agency and an individual claimant, GAO is bound to accept the agency's statement of facts. Accordingly, the disallowance by the Claims Group was sustained.