B-130080, JAN. 8, 1957
Highlights
EMMA DOROTHY HORTON: REFERENCE IS MADE TO YOUR TWO LETTERS OF NOVEMBER 19. ONE OF WHICH WAS ADDRESSED TO THE PRESIDENT OF THE UNITED STATES AND REFERRED TO OUR OFFICE. THE DISALLOWANCE WAS FOR THE REASON THAT SUCH OVERTIME HAD NOT BEEN OFFICIALLY ORDERED OR APPROVED. YOUR CLAIM WAS REFERRED TO THE BUREAU OF PRISONS. OUR OFFICE WAS INFORMED AS FOLLOWS: "1. THE NECESSITY FOR OVERTIME WAS THE BELIEF OF MRS. WAS NOT APPARENT TO HER SUPERVISORS. NO REPRESENTATIONS OR PROMISES WERE EVER MADE TO HER THAT SHE WOULD BE COMPENSATED IN ANY WAY FOR SUCH EXTRA HOURS.'. UPON REVIEW THE SETTLEMENT APPEARS CORRECT AND IS SUSTAINED.
B-130080, JAN. 8, 1957
TO MRS. EMMA DOROTHY HORTON:
REFERENCE IS MADE TO YOUR TWO LETTERS OF NOVEMBER 19, 1956, ONE OF WHICH WAS ADDRESSED TO THE PRESIDENT OF THE UNITED STATES AND REFERRED TO OUR OFFICE, AND TO YOUR LETTER TO US DATED DECEMBER 28, 1956. YOU REQUEST REVIEW OF THE SETTLEMENT OF NOVEMBER 13, 1956, WHICH DISALLOWED YOUR CLAIM FOR OVERTIME COMPENSATION FOR ALL OVERTIME WORKED AS AN EMPLOYEE OF THE DEPARTMENT OF JUSTICE, FEDERAL CORRECTIONAL INSTITUTION, TERMINAL ISLAND, SAN PEDRO, CALIFORNIA, DURING THE PERIOD DECEMBER 19, 1955 TO JUNE 27, 1956. THE DISALLOWANCE WAS FOR THE REASON THAT SUCH OVERTIME HAD NOT BEEN OFFICIALLY ORDERED OR APPROVED.
SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 68 STAT. 1109, AUTHORIZES OVERTIME COMPENSATION FOR "ALL HOURS OF WORK OFFICIALLY ORDERED OR APPROVED IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK.'
YOUR CLAIM WAS REFERRED TO THE BUREAU OF PRISONS, DEPARTMENT OF JUSTICE AND BY REPORT DATED OCTOBER 16, 1956, OUR OFFICE WAS INFORMED AS FOLLOWS:
"1. NO ONE IN A SUPERVISORY POSITION AT THE FEDERAL CORRECTIONAL INSTITUTION, TERMINAL ISLAND, CALIFORNIA, EVER DIRECTED OR REQUESTED MRS. HORTON TO WORK OVERTIME ON ANY OCCASION WHATSOEVER. NO ONE EVER SUGGESTED TO HER IT WOULD BE DESIRABLE IF SHE WORKED OVERTIME.
"2. THE NECESSITY FOR OVERTIME WAS THE BELIEF OF MRS. HORTON HERSELF, AND WAS NOT APPARENT TO HER SUPERVISORS. HER PREDECESSOR IN THE POSITION DID AN EXCELLENT JOB WITHOUT EVER WORKING OVERTIME.
"3. MRS. HORTON WHILE ON ACTIVE DUTY NEVER REQUESTED OR SUGGESTED THAT SHE BE GIVEN OVERTIME PAY OR COMPENSATORY TIME FOR THE EXTRA HOURS SHE SPENT IN THE INSTITUTION. NO REPRESENTATIONS OR PROMISES WERE EVER MADE TO HER THAT SHE WOULD BE COMPENSATED IN ANY WAY FOR SUCH EXTRA HOURS.'
IN ALL CASES OF DIFFERENCES BETWEEN FACTS ALLEGED BY A CLAIMANT AND THE FACTS ADMINISTRATIVELY REPORTED, OUR OFFICE MUST BE GOVERNED BY THE ADMINISTRATIVE REPORT IN THE ABSENCE OF THE SUBMISSION OF EVIDENCE OF SUFFICIENT WEIGHT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS OF THE ADMINISTRATIVELY REPORTED FACTS. NO SUCH EVIDENCE HAS BEEN SUBMITTED BY YOU.
ACCORDINGLY, UPON REVIEW THE SETTLEMENT APPEARS CORRECT AND IS SUSTAINED.