B-145581, DEC. 20, 1965

B-145581, DEC. 20, 1965

TO THE HONORABLE GLENN T. SEABORG, CHAIRMAN, UNITED STATES ATOMIC ENERGY COMMISSION:

YOUR CONTROLLER UNDER DATE OF SEPTEMBER 23, 1965, FORWARDED FOR OUR CONSIDERATION A VOUCHER IN THE GROSS AMOUNT OF $1,351.54 COVERING RETROACTIVE PAYMENT OF NIGHT DIFFERENTIAL TO 17 COURIERS OF YOUR SAN FRANCISCO OFFICE FOR THE PERIOD DECEMBER 18, 1954, THROUGH AUGUST 19, 1961. THE COURIERS' CLAIMS FALL INTO TWO SPECIFIC CATEGORIES AS SET OUT BELOW. THE REQUEST IS MADE THAT THE VOUCHER BE APPROVED FOR PAYMENT.

THE TWO CATEGORIES OF CLAIMS AS SET OUT IN THE CONTROLLER'S LETTER READ AS FOLLOWS:

"1. PRORATED HOURS--- NON-LOCAL. CLAIMS FOR NIGHT DIFFERENTIAL WHERE IT WAS DETERMINED THAT SOMEONE WAS ON DUTY BETWEEN 6:00 P.M. OF ONE DAY AND 6:00 A.M. OF THE FOLLOWING DAY AND ENTITLED TO NIGHT DIFFERENTIAL PAY, BUT IT COULD NOT BE DETERMINED WHO WAS ON DUTY AT ANY GIVEN TIME.

"THE SAN FRANCISCO RECORDS DO NOT IDENTIFY THE SPECIFIC PERIODS OF TIME FOR WHICH EACH INDIVIDUAL COURIER IS ENTITLED TO NIGHT DIFFERENTIAL PAY WHERE TWO (OR MORE) COURIERS WERE USED. SINCE THE RECORDS SHOW ONLY THAT A COURIER WAS IN FACT ON DUTY DURING THE DARK HOURS OF THE CLOCK, WITHOUT IDENTITY OF THE SPECIFIC INDIVIDUAL, THE PREMIUM HOURS HAVE BEEN ALLOCATED EQUALLY AMONG THE COURIERS INVOLVED.

"2. UNCERTAIN HOURS--- LOCAL. CLAIMS FOR NIGHT DIFFERENTIAL FOR HOURS WORKED BETWEEN 6:00 P.M. OF ONE DAY AND 6:00 A.M. OF THE FOLLOWING DAY WHILE ASSIGNED IN ESCORTING LOCAL SECURITY SHIPMENTS TO AND FROM THE SAN FRANCISCO INTERNATIONAL AIRPORT AND ON SECURITY INSPECTIONS.

"SAN FRANCISCO CATEGORIZED THESE HOURS AS "UNCERTAIN" FOR NIGHT DIFFERENTIAL BECAUSE THEY WERE NOT SURE THAT THE HOURS WORKED WERE ELIGIBLE FOR SUCH PAYMENTS. HOWEVER, SUBSEQUENT TO THE PREPARATION OF THE DETAILED SUPPORT, SAN FRANCISCO HAS CONCLUDED THAT THE HOURS ARE SUBJECT TO NIGHT DIFFERENTIAL SINCE THE DUTY INVOLVED OCCURS WITH SUCH FREQUENCY AS TO BE CONSIDERED REGULARLY SCHEDULED IN THE SENSE OF BEING "HABITUAL AND CUSTOMARY.'"

WE NOTE THAT THE ABOVE TWO CATEGORIES OF CLAIMS AND THE WORK PAPERS SUBMITTED THEREFOR COVER ONLY THE PERIOD JULY 7, 1960, THROUGH AUGUST 19, 1961, AND THAT THE SAN FRANCISCO OFFICE DID NOT SUBMIT DETAILS OF THE CALCULATIONS SHOWN ON THE VOUCHER FOR THE PERIOD DECEMBER 18, 1954, THROUGH JULY 6, 1960, BUT INDICATES THAT SUPPORT SIMILAR TO THAT SUBMITTED HEREWITH IS ON FILE CONCERNING THE LATTER PERIOD. FURTHER, WE NOTE THE STATEMENT IN THE CONTROLLER'S LETTER THAT HE UNDERSTANDS THAT NONE OF THE CLAIMS INVOLVED ARE AFFECTED BY THE 10-YEAR STATUTORY LIMITATION, ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A.

WE HAVE EXAMINED THE WORK PAPERS SUBMITTED FOR TEMPORARY INSPECTIONS COVERING THE FOLLOWING DAYS:JULY 11-15, 1960, INCLUSIVE; TRIP NO. 58; TRIP LOCAL FOR THE PERIOD JULY 25-30, 1960, INCLUSIVE; TRIPS NOS. 59 AND 59-1 AND LOCAL, IN THE LIGHT OF THE TWO CATEGORIES SET OUT ABOVE.

THE TEMPORARY INSPECTIONS COVERED BY CATEGORY TWO SHOW THAT ADAMS AND SCHROEDER BEGAN A TRIP AT 3:30 P.M. ON JULY 12, 1960. THEY CONTINUED ON THE TRIP AFTER 6 P.M. ADAMS DEPARTED FOR HOME AT :15 P.M. AND SCHROEDER COMPLETED HIS TRIP AT 8:30 P.M. ACCORDING TO THE ITINERARY. NONE OF THE SUBMITTED RECORDS SHOW NIGHT DIFFERENTIAL FOR ADAMS ON JULY 12, 1960. THE RECORDS CREDIT SCHROEDER WITH SEVEN AND ONE-HALF HOURS NIGHT DIFFERENTIAL FOR THAT DAY. IT WOULD APPEAR FROM THE ITINERARY THAT AT MOST HE WOULD BE ENTITLED TO BUT TWO AND ONE-HALF HOURS, FROM 6 P.M. TO 8:30 P.M. NOR DO WE FIND ANYTHING IN THE RECORDS THAT PROVES THAT THE REMAINING TOTAL OF 17 3/4 HOURS NIGHT DIFFERENTIAL SHOWN ON THE COMPUTATION SHEET AS WORKED ON THE OTHER IDENTIFIED DATES WAS ACTUALLY PERFORMED.

THE RECORDS OF TRIP NO. 58 TO WHICH CATEGORY ONE APPLIES SHOW THAT ON JULY 17 AT 5 P.M. THE EMPLOYEES RELEASED THE MATERIAL THEY WERE TRANSPORTING TO ANOTHER AND DEPARTED THE POINT OF RELEASE, ARRIVING AT THEIR HOTEL AT 5:30 P.M. WHERE THEY APPARENTLY REMAINED OVERNIGHT. THREE HOURS NIGHT DIFFERENTIAL IS CREDITED BY THE RECORDS TO EACH EMPLOYEE BUT THERE IS NO SHOWING THAT THE NIGHT WORK WAS PERFORMED BETWEEN THE HOURS OF 6 P.M. JULY 17 AND 6 A.M. JULY 18.

THE RECORDS FURTHER SHOW THAT ON JULY 25 THREE EMPLOYEES PERFORMED A LOCAL TRIP COVERED BY CATEGORY TWO. ITINERARIES HAVE BEEN FURNISHED FOR ONLY TWO OF THE EMPLOYEES. THESE SHOW PERFORMANCE OF A SMALL AMOUNT OF NIGHT WORK ON THAT DATE BETWEEN THE HOURS OF 6 P.M. JULY 25 AND 6 A.M. JULY 26. HOWEVER, THE RECORDS SHOW A CREDIT TO ALL THREE FOR NIGHT DIFFERENTIAL ON THAT DATE. FURTHER, THE APPLICABLE COMPUTATION SHEET SHOWS THAT ON JULY 26 TWO OF THE EMPLOYEES ARE CREDITED WITH MORE NIGHT WORK AND AGAIN ON JULY 30 BUT NO ITINERARIES HAVE BEEN FURNISHED TO SHOW THAT SUCH NIGHT WORK WAS ACTUALLY PERFORMED.

WITH RESPECT TO TRIP NO. 59 COVERED BY CATEGORY ONE THE RECORDS SHOW THAT THE TWO EMPLOYEES INVOLVED WERE EACH CREDITED WITH ONE QUARTER HOUR OF NIGHT DIFFERENTIAL FOR JULY 28 BUT THE ITINERARIES DO NOT SHOW ANY WORK PERFORMED ON THAT DATE AFTER 5:30 P.M. FOR TRIP NO. 59-1 AND LOCAL THE COMPUTATION SHEET SHOWS A CREDIT FOR THREE AND ONE HALF HOURS NIGHT DIFFERENTIAL ON JULY 30 AND ONE AND ONE-HALF HOURS NIGHT DIFFERENTIAL ON AUGUST 4. YET THE ITINERARY DOES NOT COVER EITHER DATE OR AMOUNT. OTHER WORDS, NO PROOF EXISTS IN THE PRESENT RECORDS THAT SUCH NIGHT WORK WAS PERFORMED.

OUR EXAMINATION OF THE RECORDS SUBMITTED SHOWS LACK OF PROOF OF THE PERFORMANCE OF NIGHT DIFFERENTIAL AS SET OUT ABOVE AND IN VIEW THEREOF THE VOUCHER MAY NOT BE APPROVED FOR PAYMENT AS REQUESTED. UNLESS YOU HAVE OTHER PROOF AS TO THE CASES EXAMINED ESTABLISHING THAT SUCH NIGHT WORK WAS PERFORMED IN THOSE INSTANCES AND UNLESS THERE IS PROOF THEREOF WITH RESPECT TO THE OTHER RECORDS SUBMITTED BUT NOT EXAMINED BY US THAT SUCH WORK WAS PERFORMED, NO BASIS WOULD EXIST FOR PAYMENT OF ANY OF THE CLAIMS. IT WOULD APPEAR THERE IS SUFFICIENT DOUBT CONCERNING THESE CLAIMS THAT EACH CLAIM SHOULD BE SUBMITTED INDIVIDUALLY TO OUR CLAIMS DIVISION FOR FULL CONSIDERATION WITH SUCH ADDITIONAL EVIDENCE AS YOU MAY HAVE OR OBTAIN IN THESE CASES.