[NLRB Employees' Claims for Overtime for Travel During Nonduty Hours]

The National Labor Relations Board (NLRB) requested an advance decision concerning NLRB employees' claims for overtime compensation for time they spent in travel outside normal work hours in order to conduct union representation elections or priority case investigations. GAO held that the employees were: (1) not entitled to overtime pay or compensatory time during nonduty hours for elections, since NLRB had administrative control over their scheduling; and (2) entitled to overtime pay for travel during nonduty hours for unfair labor practice investigations in those instances when NLRB could not schedule or administratively control those events. Accordingly, NLRB should make its eligibility determinations on a case-by-case basis.