B-92533, FEBRUARY 28, 1950, 29 COMP. GEN. 345

B-92533: Feb 28, 1950

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COMPENSATION - OVERTIME - ATTENDANCE AT HEARINGS OUTSIDE REGULAR TOUR OF DUTY WHERE EMPLOYEES ARE ADMINISTRATIVELY REQUIRED TO ATTEND CONFERENCES AND HEARINGS ON MATTERS DIRECTLY CONNECTED WITH THEIR REGULAR DUTIES DURING HOURS OUTSIDE OF. 1950: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 27. FOR PAYMENT OF OVERTIME COMPENSATION FOR PERIODS WHEN THEY WERE REQUIRED TO ATTEND CONFERENCES AND ADMINISTRATIVE HEARINGS BEFORE THE TREASURY DEPARTMENT BOARD OF REVIEW. IT IS STATED THAT AT THE TIME OF THE CONFERENCES AND HEARINGS. THE TWO CLAIMANTS WERE ASSIGNED TO THE MIDNIGHT TO 8 A.M. SINCE THE CONFERENCES AND HEARINGS WERE HELD DURING "DAY SHIFT" HOURS. THEIR ATTENDANCE AT THE CONFERENCES AND HEARINGS WAS NECESSARILY OUTSIDE THEIR ORDINARY TOURS OF DUTY.

B-92533, FEBRUARY 28, 1950, 29 COMP. GEN. 345

COMPENSATION - OVERTIME - ATTENDANCE AT HEARINGS OUTSIDE REGULAR TOUR OF DUTY WHERE EMPLOYEES ARE ADMINISTRATIVELY REQUIRED TO ATTEND CONFERENCES AND HEARINGS ON MATTERS DIRECTLY CONNECTED WITH THEIR REGULAR DUTIES DURING HOURS OUTSIDE OF, AND IN ADDITION TO, THEIR REGULAR TOURS OF DUTY, THE TIME SERVED IN SUCH CONFERENCES AND HEARINGS PROPERLY MAY BE CONSIDERED AS THE PERFORMANCE OF OFFICIAL DUTY AND MAY BE COMPENSATED FOR AT THE PRESCRIBED OVERTIME RATES.

COMPTROLLER GENERAL WARREN TO EARL G. LOSER, TREASURY DEPARTMENT, FEBRUARY 28, 1950:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 27, 1950, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT TWO VOUCHERS TRANSMITTED THEREWITH IN FAVOR OF JOSEPH F. CARLIN AND JOSEPH L. LAMAR, RESPECTIVELY, FOR PAYMENT OF OVERTIME COMPENSATION FOR PERIODS WHEN THEY WERE REQUIRED TO ATTEND CONFERENCES AND ADMINISTRATIVE HEARINGS BEFORE THE TREASURY DEPARTMENT BOARD OF REVIEW--- IN THEIR CAPACITIES AS SUPERVISORS AND RATERS--- IN CONNECTION WITH APPEALS FROM EFFICIENCY RATINGS. IT IS STATED THAT AT THE TIME OF THE CONFERENCES AND HEARINGS, THE TWO CLAIMANTS WERE ASSIGNED TO THE MIDNIGHT TO 8 A.M. AND THE 4 P.M. TO MIDNIGHT SHIFTS, RESPECTIVELY, AND, SINCE THE CONFERENCES AND HEARINGS WERE HELD DURING "DAY SHIFT" HOURS, THEIR ATTENDANCE AT THE CONFERENCES AND HEARINGS WAS NECESSARILY OUTSIDE THEIR ORDINARY TOURS OF DUTY.

AS THE CONFERENCES AND HEARINGS CONCERNED ADMINISTRATIVE MATTERS DIRECTLY CONNECTED WITH THE DUTIES REGULARLY PERFORMED BY THE EMPLOYEES INVOLVED AND WERE HELD UNDER ADMINISTRATIVE AUTHORITY, THE TIME OCCUPIED ON SUCH CONFERENCES AND HEARINGS PROPERLY MAY BE CONSIDERED AS THE PERFORMANCE OF OFFICIAL DUTY. HENCE, AS SUCH DUTY WAS PERFORMED OUTSIDE OF, AND IN ADDITION TO, THE REGULAR TOURS OF DUTY, IT MAY BE COMPENSATED FOR AT THE PRESCRIBED OVERTIME RATES.

THE TWO VOUCHERS ARE RETURNED HEREWITH AND THE VOUCHER IN FAVOR OF JOSEPH F. CARLIN, IF OTHERWISE PROPER, MAY BE CERTIFIED FOR PAYMENT. THE VOUCHER IN FAVOR OF JOSEPH L. LAMAR, WHO WAS RETIRED DECEMBER 31, 1949, SHOULD NOT BE CERTIFIED FOR PAYMENT BUT IF HE SHOULD FILE A CLAIM FOR THE OVERTIME IN QUESTION SUCH CLAIM MAY BE SUBMITTED TO THE CLAIMS DIVISION OF THIS OFFICE FOR DIRECT SETTLEMENT, TOGETHER WITH A REFERENCE TO THIS LETTER BY NUMBER AND DATE.