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B-166046, FEB. 9, 1970

B-166046 Feb 09, 1970
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EMPLOYEES WHO WOULD HAVE RECEIVED OVERTIME PAY FOR REGULAR OVERTIME BUT FOR FACT THAT THEY WERE IN TRAINING STATUS MAY NOT RECEIVE COMPENSATION AT STRAIGHT TIME RATES FOR OVERTIME TRAINING. THEREFORE EMPLOYEES ARE NOT ENTITLED TO REGULAR PAY FOR HOURS OUTSIDE THEIR REGULAR TOUR OF DUTY DURING WHICH THEY ARE IN TRAINING COURSES. KAPLAN: THIS IS IN REPLY TO YOUR LETTER OF DECEMBER 30. WHO PARTICIPATED IN A WELDERS' TRAINING PROGRAM AT SOUTHERN COLORADO STATE COLLEGE IN 1966 AND 1967 AND WHOSE CLAIMS FOR OVERTIME WERE DISALLOWED BY OUR DECISION. GEN. 262 (1958) IS PRECEDENT FOR THE AUTHORIZATION OF REGULAR PAY. YOU ALSO STATE THAT THE DECISION TO ATTEND THE TRAINING PROGRAM WAS NOT A VOLUNTARY ONE.

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B-166046, FEB. 9, 1970

CIVIL PAY--OVERTIME--TRAINING LETTER TO NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES CONCERNING CLAIMS FOR OVERTIME DURING TRAINING FOR WELDERS EMPLOYED AT PUBLIC ARMY DEPOT INCIDENT TO 38 COMP. GEN. 262 (1958). EMPLOYEES WHO WOULD HAVE RECEIVED OVERTIME PAY FOR REGULAR OVERTIME BUT FOR FACT THAT THEY WERE IN TRAINING STATUS MAY NOT RECEIVE COMPENSATION AT STRAIGHT TIME RATES FOR OVERTIME TRAINING. THEREFORE EMPLOYEES ARE NOT ENTITLED TO REGULAR PAY FOR HOURS OUTSIDE THEIR REGULAR TOUR OF DUTY DURING WHICH THEY ARE IN TRAINING COURSES.

TO MR. ROGER P. KAPLAN:

THIS IS IN REPLY TO YOUR LETTER OF DECEMBER 30, 1969, REQUESTING PAYMENT OF REGULAR PAY TO VARIOUS WELDERS EMPLOYED AT THE PUEBLO ARMY DEPOT, PUEBLO, COLORADO, WHO PARTICIPATED IN A WELDERS' TRAINING PROGRAM AT SOUTHERN COLORADO STATE COLLEGE IN 1966 AND 1967 AND WHOSE CLAIMS FOR OVERTIME WERE DISALLOWED BY OUR DECISION, B-166046, MARCH 18, 1969.

YOU STATE THAT, ALTHOUGH 5 U.S.C. 4109 APPEARS TO PRECLUDE OVERTIME PAYMENTS, OUR ANSWER TO QUESTION 5 IN DECISION 38 COMP. GEN. 262 (1958) IS PRECEDENT FOR THE AUTHORIZATION OF REGULAR PAY. YOU ALSO STATE THAT THE DECISION TO ATTEND THE TRAINING PROGRAM WAS NOT A VOLUNTARY ONE. SUPPORT OF THE LATTER STATEMENT YOU ENCLOSED COPIES OF LETTERS FROM ARTHUR S. BUSSEY, LTC, ORD C, DIRECTOR FOR MAINTENANCE, PUEBLO ARMY DEPOT, DATED SEPTEMBER 12, 1966, AND MARCH 13, 1967.

THE UNITED STATES CIVIL SERVICE COMMISSION (CSC) PRESENTED FOR OUR DECISION SEVERAL QUESTIONS ARISING OUT OF SECTION 10 OF THE GOVERNMENT EMPLOYEES TRAINING ACT, PUBLIC LAW 85-507, APPROVED JULY 7, 1958, NOW 5 U.S.C. 4109. THIS SECTION PROVIDES IN PERTINENT PART THAT, UNDER REGULATIONS PRESCRIBED BY CSC, AN AGENCY MAY PAY ALL OR A PART OF THE PAY (EXCEPT OVERTIME, HOLIDAY, OR NIGHT DIFFERENTIAL PAY) OF AN EMPLOYEE OF THE AGENCY SELECTED AND ASSIGNED FOR TRAINING FOR THE PERIOD OF TRAINING. OUR DECISION 38 COMP. GEN. 262 WAS RENDERED IN RESPONSE THERETO. OUR DECISION READS IN PERTINENT PART AS FOLLOWS:

"IN RESPONSE TO QUESTION 5, EMPLOYEES IN TRAINING MAY BE PAID THEIR REGULAR PAY ON HOLIDAYS BUT MAY NOT BE ALLOWED OVERTIME OR HOLIDAY PREMIUM PAY."

THE ABOVE RESPONSE MUST BE CONSIDERED IN RELATION TO OUR ANSWERS TO THE OTHER QUESTIONS, PARTICULARLY OUR ANSWERS TO QUESTIONS 3 AND 4. QUESTION 3 CONCERNED A WAGE BOARD EMPLOYEE WHOSE REGULAR TOUR OF DUTY WAS MONDAY THROUGH FRIDAY AND WHO WAS ENTITLED TO OVERTIME PAY WHEN REQUIRED TO TRAVEL ON SATURDAY AND SUNDAY. SINCE WORK OR TRAVEL ON SATURDAYS AND SUNDAYS HAD TO BE CONSIDERED AS OVERTIME UNDER THE CONDITIONS STATED AND THE STATUTE DID NOT PERMIT PAYMENTS OF OVERTIME,WE HELD THAT THE EMPLOYEE WOULD NOT BE ENTITLED TO COMPENSATION FOR TRAVEL ON SATURDAY AND SUNDAY, PROVIDED HE HAD WORKED 40 HOURS DURING HIS REGULAR TOUR. QUESTION 4 CONCERNED AN EMPLOYEE WHOSE COMPENSATION WAS PAID UNDER LEGISLATION REQUIRING PAYMENT OF OVERTIME AND WHO WAS ASSIGNED TO A COURSE OF IN- SERVICE TRAINING WHICH REQUIRED A 2-HOUR EXTENSION OF HIS NORMAL WORKDAY. WE ASSUMED THE QUESTION RELATED TO AN EMPLOYEE UNDER AN ESTABLISHED 40- HOUR WORKWEEK AND HELD THAT HE WAS NOT ENTITLED TO OVERTIME COMPENSATION. IN VIEW OF THE ABOVE, IT WILL BE SEEN THAT OUR ANSWER TO QUESTION 5 HELD THAT EMPLOYEES IN TRAINING ON HOLIDAYS COULD ONLY BE PAID THEIR REGULAR PAY IF THEIR TRAINING WAS ON HOLIDAYS WITHIN THEIR REGULAR 40-HOUR WORKWEEKS. THE ANSWER DID NOT AUTHORIZE REGULAR PAY FOR HOURS FOR WHICH THEY WOULD HAVE RECEIVED OVERTIME PAY FOR REGULAR OVERTIME WORK. IN THIS CONNECTION SEE 39 COMP. GEN. 453 (1959) WHEREIN WE STATED THAT EMPLOYEES COULD NOT BE GRANTED COMPENSATION AT STRAIGHT TIME RATES FOR OVERTIME TRAINING.

ACCORDINGLY, THE EMPLOYEES ARE NOT ENTITLED TO REGULAR PAY FOR THE HOURS OUTSIDE THEIR REGULAR TOUR OF DUTY DURING WHICH THEY WERE REQUIRED TO PARTICIPATE IN THE WELDING COURSES.

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