B-147190, OCT. 4, 1968
Highlights
WE HAVE RECEIVED THE ADDITIONAL REPORT WHICH WE REQUESTED FROM THE IMMIGRATION AND NATURALIZATION SERVICE TOGETHER WITH COPIES OF YOUR PAY CARDS FOR THE YEARS 1951 TO 1955. THE PAY CARDS SHOW THAT YOU WERE PAID SUBSTANTIAL AMOUNTS OF PREMIUM COMPENSATION DURING THOSE YEARS. THE AGENCY REPORT SAYS THAT ALTHOUGH SUCH PREMIUM COMPENSATION MAY HAVE INCLUDED SOME NIGHT DIFFERENTIAL AND HOLIDAY PAY. MOST OF IT MUST HAVE BEEN OVERTIME PAY. MOREOVER EACH BIWEEKLY CARD WAS CERTIFIED BY YOU AS UNCONTROLLABLE OVERTIME . HOURS FOR WHICH THE 15 PERCENT WAS PAID. WAS NOT DIRECTED OVERTIME AS YOU IMPLY SINCE WE UNDERSTAND IT DID NOT ORDER A CHANGE IN THE USUAL WORKING HOURS. NEITHER WAS SUCH DUTY "REGULARLY SCHEDULED OVERTIME" WITHIN THE MEANING OF 5 U.S.C. 926 (2).
B-147190, OCT. 4, 1968
TO MR. JOHN S. BRADFORD:
WE REFER TO YOUR LETTERS OF JUNE 5 AND AUGUST 29, 1968, WITH ENCLOSURES, FURTHER CONCERNING YOUR CLAIM FOR OVERTIME COMPENSATION FOR SEVERAL PERIODS, FOR WHICH YOU SUBMITTED COPIES OF YOUR TIME AND ATTENDANCE RECORD AND OTHER PAPERS FOR OUR CONSIDERATION. ALSO YOU QUESTION THE ASSUMPTION STATED IN THE FOURTH PARAGRAPH OF OUR DECISION OF MAY 29, 1968, TO YOU, THAT YOU PREVIOUSLY HAD BEEN PAID FOR REGULARLY SCHEDULED OVERTIME DURING THE PERIOD FROM AUGUST TO NOVEMBER 1954. WE HAVE RECEIVED THE ADDITIONAL REPORT WHICH WE REQUESTED FROM THE IMMIGRATION AND NATURALIZATION SERVICE TOGETHER WITH COPIES OF YOUR PAY CARDS FOR THE YEARS 1951 TO 1955.
THE PAY CARDS SHOW THAT YOU WERE PAID SUBSTANTIAL AMOUNTS OF PREMIUM COMPENSATION DURING THOSE YEARS, AGGREGATING $1,642.62 FROM SEPTEMBER 1951 THROUGH APRIL 23, 1955, INCLUDING $621.48 FOR THE YEAR 1954. THE EVIDENCE SHOWS $300.67 COVERED THE PERIOD AUGUST 1 THROUGH NOVEMBER 6, 1954, AND $60.38 COVERED THE PAY PERIODS FROM JANUARY 2 THROUGH APRIL 23, 1955. THE AGENCY REPORT SAYS THAT ALTHOUGH SUCH PREMIUM COMPENSATION MAY HAVE INCLUDED SOME NIGHT DIFFERENTIAL AND HOLIDAY PAY, MOST OF IT MUST HAVE BEEN OVERTIME PAY.
YOU CLAIM PAY FOR REGULARLY SCHEDULED "DIRECTED" OVERTIME IN ADDITION TO THE 15 PERCENT ANNUAL PREMIUM PAY YOU RECEIVED UNDER THE PROVISIONS OF 5 U.S.C. 926 (2) FOR THE PERIODS OF YOUR DETAIL TO TEMPORARY DUTY AT CAMP KILMER, NEW JERSEY, IN DECEMBER 1956 AND JANUARY 1957, AND THE SPECIAL ,CUBAN" ASSIGNMENT WHICH YOU WORKED IN THE AREA OF YOUR MIAMI, FLORIDA, STATION DURING DECEMBER 1962 AND JANUARY 1963. YOUR TIME AND ATTENDANCE REPORTS DURING THOSE MONTHS INDICATE THAT YOU DID NOT PERFORM OVERTIME REGULARLY ON ANY ONE DAY OF THE WEEK; MOREOVER EACH BIWEEKLY CARD WAS CERTIFIED BY YOU AS UNCONTROLLABLE OVERTIME -- "UO/T" OR "UOT" -- HOURS FOR WHICH THE 15 PERCENT WAS PAID.
YOUR RECALL TO DUTY FOR THE "CUBAN" ASSIGNMENT, WHICH CURTAILED YOUR LEAVE STATUS, WAS NOT DIRECTED OVERTIME AS YOU IMPLY SINCE WE UNDERSTAND IT DID NOT ORDER A CHANGE IN THE USUAL WORKING HOURS. NEITHER WAS SUCH DUTY "REGULARLY SCHEDULED OVERTIME" WITHIN THE MEANING OF 5 U.S.C. 926 (2). THE FORFEITURE OF ACCRUED LEAVE AT THE END OF A LEAVE YEAR, TO WHICH YOU REFER, PRESENTS NO BASIS FOR PAYMENT OF OVERTIME OR OTHER COMPENSATION.
REGARDING THE PERIOD FROM JANUARY 2 THROUGH APRIL 23, 1955, BASED ON YOUR TIME AND ATTENDANCE RECORDS AND THE RULE OF THE COURT OF CLAIMS IN THE CASE OF KENNETH S. ADAMS, ET AL., AMONG OTHERS, 162 CT. CL. 766 AT 769, 770, WE WILL COMPUTE THE OVERTIME HOURS FOUND TO BE ALLOWABLE SUBJECT TO ANY NECESSARY ADJUSTMENT FOR SIMILAR PREMIUM PAY RECEIVED DURING THAT PERIOD. SETTLEMENT THEREFOR, PLUS THE 43 HOURS WHICH WERE EXPLAINED IN OUR MAY 29 DECISION, WILL BE ISSUED IN DUE COURSE.
FOR THE OTHER PERIODS DISCUSSED ABOVE WE FIND THAT ON THE BASIS OF THE EVIDENCE PRESENTED NO FURTHER SUM IS DUE YOU.