B-69688, OCT. 23, 1957

B-69688: Oct 23, 1957

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THE POSTMASTER GENERAL: WE HAVE BEFORE US THE CLAIM OF MR. WARFIELD SAYS THAT HE WAS CONTRACTED BY A SPECIAL CIVIL SERVICE COMMISSION REPRESENTATIVE WHO REQUESTED HIM TO REPORT FOR DUTY THE FOLLOWING DAY AND PERFORM SERVICES FOR WHICH HE WOULD BE COMPENSATED AT OVERTIME RATES SINCE THIS WORK WOULD BE IN ADDITION TO HIS 40-HOUR WORKWEEK WITH THE POSTAL TRANSPORTATION SERVICE. HE ALSO SAYS THAT HE WAS INFORMED PAYMENT FOR THESE SERVICES WAS TO BE MADE BY THE POST OFFICE DEPARTMENT WITH REIMBURSEMENT TO THAT ORGANIZATION BY THE FEDERAL CIVIL DEFENSE ADMINISTRATION. WE HAVE BEEN INFORMALLY ADVISED THAT THE FEDERAL CIVIL DEFENSE ADMINISTRATION OBTAINED MR. AFTER HIS SERVICES WERE RENDERED. WARFIELD WAS PAID.

B-69688, OCT. 23, 1957

TO THE HONORABLE, THE POSTMASTER GENERAL:

WE HAVE BEFORE US THE CLAIM OF MR. WALTER C. WARFIELD, 634 BOSLER AVENUE, LEMOYNE, PENNSYLVANIA, AN EMPLOYEE OF THE POSTAL TRANSPORTATION SERVICE, NOT ASSIGNED TO ROAD DUTY, FOR COMPENSATION COVERING CLERICAL SERVICES RENDERED TO THE FEDERAL CIVIL DEFENSE ADMINISTRATION IN CONNECTION WITH DISASTER RELIEF ACTIVITIES IN THE FLOOD STRICKEN AREAS OF NORTHEASTERN PENNSYLVANIA ON SATURDAY AND SUNDAY, AUGUST 27 AND 28, 1955.

MR. WARFIELD SAYS THAT HE WAS CONTRACTED BY A SPECIAL CIVIL SERVICE COMMISSION REPRESENTATIVE WHO REQUESTED HIM TO REPORT FOR DUTY THE FOLLOWING DAY AND PERFORM SERVICES FOR WHICH HE WOULD BE COMPENSATED AT OVERTIME RATES SINCE THIS WORK WOULD BE IN ADDITION TO HIS 40-HOUR WORKWEEK WITH THE POSTAL TRANSPORTATION SERVICE. HE ALSO SAYS THAT HE WAS INFORMED PAYMENT FOR THESE SERVICES WAS TO BE MADE BY THE POST OFFICE DEPARTMENT WITH REIMBURSEMENT TO THAT ORGANIZATION BY THE FEDERAL CIVIL DEFENSE ADMINISTRATION. WE HAVE BEEN INFORMALLY ADVISED THAT THE FEDERAL CIVIL DEFENSE ADMINISTRATION OBTAINED MR. WARFIELD'S SERVICES BY AND WITH THE CONSENT OF THE POST OFFICE DEPARTMENT.

AFTER HIS SERVICES WERE RENDERED, BUT BEFORE MR. WARFIELD WAS PAID, YOUR DEPARTMENT REQUESTED PAYMENT IN HIS BEHALF FROM THE FEDERAL CIVIL DEFENSE ADMINISTRATION, MR. F. O. STARR, DIRECTOR, BUDGET AND FISCAL OFFICE, FEDERAL CIVIL DEFENSE ADMINISTRATION, INFORMED YOUR DEPARTMENT THAT REIMBURSEMENT TO YOUR DEPARTMENT FOR ANY PAYMENTS MADE TO MR. WARFIELD COULD NOT BE MADE. THE REASON FOR DENYING REIMBURSEMENT IS STATED AS FOLLOWS:

"UNDER SECTION 3 OF PUBLIC LAW 875 (42 U.S.C. 1855), AS DELEGATED BY EXECUTIVE ORDER NO. 10427, FCDA HAS THE AUTHORITY TO DIRECT FEDERAL AGENCIES TO ASSIST IN MAJOR DISASTERS. HOWEVER, UNFORTUNATELY FCDA HAS NOT BEEN DELEGATED THE AUTHORITY OF SECTION 7 OF THE LAW WHICH PROVIDES FOR REIMBURSEMENT OF EXPENDITURES OF FEDERAL AGENCIES RENDERING SERVICES IN CONNECTION WITH SECTION 3.

"SEVERAL MONTHS AGO, FCDA SUBMITTED A PROPOSED PROCEDURE FOR REIMBURSEMENT OF THESE AGENCIES TO THE BUREAU OF THE BUDGET FOR APPROVAL. THE BUREAU OF THE BUDGET, ON BEHALF OF THE PRESIDENT, HAS RETURNED A REVISED DRAFT OF THIS PROCEDURE. ONE OF THE MAJOR REVISIONS IS THAT REIMBURSEMENTS SHALL BE DISALLOWED IF THEY AMOUNT TO LESS THAN $1,000 FOR ANY ONE ACCOUNT. THE REASON FOR THIS IS THAT EXPENDITURES OF LESS THAN $1,000 WOULD SEEM TO BE WELL WITHIN THE CAPACITY OF ANY AGENCY TO ABSORB AND THAT SUCH SMALL ITEMS WOULD ENTAIL MORE ADMINISTRATIVE LABOR THAN IS WARRANTED.

"ALTHOUGH FCDA GREATLY APPRECIATES THE COOPERATION AND ASSISTANCE RECEIVED FROM YOUR AGENCY, IT WILL NOT BE POSSIBLE TO PROCESS YOUR SF 1080 FOR PAYMENT FOR REASON THAT IT IS LESS THAN THE MINIMUM REIMBURSABLE ACCOUNT.'

YOUR DEPARTMENT ALSO DECLINED TO PAY OVERTIME COMPENSATION TO MR. WARFIELD BECAUSE OF THE RESTRICTIONS IN SECTION 16/P) OF THE ACT OF JULY 6, 1945, 59 STAT. 454, AS AMENDED, WHICH PROVIDES IN PART AS FOLLOWS:

"/P) WHEN THE NEEDS OF THE SERVICE REQUIRE EMPLOYEES OF THE RAILWAY MAIL AND AIR MAIL SERVICES, OTHER THAN RAILWAY POSTAL CLERKS ASSIGNED TO ROAD DUTY AND OFFICER, TO PERFORM SERVICE ON SATURDAYS, SUNDAYS, OR HOLIDAYS THEY SHALL BE ALLOWED COMPENSATORY TIME FOR SUCH SERVICE WITHIN FIVE WORKING DAYS NEXT SUCCEEDING THE SATURDAY OR SUNDAY, AND ON ONE DAY WITHIN THIRTY DAYS NEXT SUCCEEDING THE HOLIDAY; PROVIDED, HOWEVER, THAT THE POSTMASTER GENERAL MAY, IF THE EXIGENCIES OF THE SERVICE REQUIRE, AUTHORIZE THE PAYMENT OF OVERTIME FOR SERVICES PERFORMED ON THE SATURDAYS, SUNDAYS DURING THE MONTH OF DECEMBER, AND ON CHRISTMAS DAY IN LIEU OF COMPENSATORY TIME: * * *"

THUS, IT MAY BE SEEN THAT NEITHER THE APPROPRIATIONS OF THE POST OFFICE DEPARTMENT NOR THE FEDERAL CIVIL DEFENSE ADMINISTRATION ARE AVAILABLE FOE PAYMENT OF OVERTIME SERVICES PERFORMED BY MR. WARFIELD IN THE MONTH OF AUGUST 1955. IN VIEW OF THE CIRCUMSTANCES OF THIS CASE WE WOULD HAVE NO OBJECTION TO GRANTING MR. WARFIELD COMPENSATORY TIME TO COMMENCE AT SUCH DATE AS WOULD BEST SERVE THE INTERESTS OF THE POST OFFICE DEPARTMENT.

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    We deny the protest in part and dismiss the protest in part.
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    We dismiss the protest because it raises a matter of contract administration over which we do not exercise jurisdiction.
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Nov 15, 2017

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