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B-197591 1 (1980-02-15)

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United States General Accounting 0office               O  fIico M
Washington, DC 20M8                                    Genera! Counsel


in Rep%
Refer to: 1-1.97591


FFu 1. 5 1980


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Mrs. Senora II. Leaks
1865 Shirlone Drive
Florissant , Mi souri 63031


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Donr Mrs, Leks:


     We rc for to your Irttor dated January 18, '180, wit.h enclosures,
conccrning your not being auth'iried overtime work on Saturday
January 5, 1980, in connect ion wi th your cmploymenit as an Archive's
Technic Ian wl tI the General. Services Adsinistrati on. Al though an
official decision is not. heing r enriered i.( arc providing the
fol lowing in formation.

     Genrally the authorization of overtime hours b:lf work is purely
disc reti onary wi th an agency as there Is no statutory p royi ;lon which
requircs that on employee receive overtime assiginments.  However,-In
Sonme instances -n agency may hAve cntLred into a labor-managcmcnt.
an:retmcnt. which contains provi sins conccrning ctiLl  nmeti to over Lime
worki assigninents. The Comptroller General has held that whtre an
employee has becen deprived of oior time work iii violatilon of a labor**
;naagcvicnt agrecient, the employei: Ia entitied to backpny under the
Back PNy Act, 5 U.S.C. 559(o, for the overti.e compensiation he would
have otherwlso received but for the agency's viol:tfion of the agreement.
See 54 Coop. Gen. 107i (1975), and 55 id. 171 (1975), copies enclosed.

     We' truis t thtL. the aove Information ul11 crve the purpose of yo-'r
inquI.ry.


Sincerely yours,


a


E dw In J. Mon smn
Assistant General Counsel


Enc I osures


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