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B-158582, MAY 12, 1966

B-158582 May 12, 1966
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WE HAVE REQUESTED AN ADDITIONAL REPORT FROM THE AGENCY PERTAINING TO YOUR SERVICE AT MIDWAY ISLAND AND SHALL ADVISE YOU AT A LATER DATE CONCERNING THAT PART OF YOUR CLAIM. IT APPEARS THAT YOU WERE EMPLOYED AS A PILOT WITH SECONDARY DUTIES OF WATERFRONT SUPERVISION AND SAFETY INSPECTION WITH A REGULAR TOUR OF DUTY OF 40 HOURS. IN ORDER THAT A PILOT WOULD BE AVAILABLE FOR DUTY ON WEEKENDS IF THE NEED THEREFOR AROSE PILOTS WERE REQUIRED TO FURNISH INFORMATION AS TO WHERE THEY COULD BE REACHED DURING SPECIFIED ALTERNATING WEEKENDS. IN THE EVENT OF CALL BACK THEY WERE TO BE PAID OVERTIME FOR SERVICES RENDERED WITH A MINIMUM OF TWO HOURS FOR EACH CALL. IT IS REPORTED THAT YOU WERE COMPENSATED FOR ALL ACTUAL OVERTIME SERVICES RENDERED AND APPARENTLY YOU DO NOT CONTEND OTHERWISE.

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B-158582, MAY 12, 1966

TO MR. V. WILLIAMSON:

THIS REFERS TO YOUR LETTERS OF FEBRUARY 9 AND MARCH 16, 1966, REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 24, 1966, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION WHILE ON CALL DURING WEEKENDS INCIDENT TO YOUR EMPLOYMENT WITH THE DEPARTMENT OF THE NAVY AT MIDWAY ISLAND FROM SEPTEMBER 1959 TO OCTOBER 1961, AND AT THE U.S. NAVAL STATION, GUAM, FROM JANUARY 1962 TO DECEMBER 1963.

AS STATED IN OUR LETTER OF MARCH 10, 1966, WE HAVE REQUESTED AN ADDITIONAL REPORT FROM THE AGENCY PERTAINING TO YOUR SERVICE AT MIDWAY ISLAND AND SHALL ADVISE YOU AT A LATER DATE CONCERNING THAT PART OF YOUR CLAIM.

CONCERNING YOUR SERVICE AT GUAM, IT APPEARS THAT YOU WERE EMPLOYED AS A PILOT WITH SECONDARY DUTIES OF WATERFRONT SUPERVISION AND SAFETY INSPECTION WITH A REGULAR TOUR OF DUTY OF 40 HOURS. IN ORDER THAT A PILOT WOULD BE AVAILABLE FOR DUTY ON WEEKENDS IF THE NEED THEREFOR AROSE PILOTS WERE REQUIRED TO FURNISH INFORMATION AS TO WHERE THEY COULD BE REACHED DURING SPECIFIED ALTERNATING WEEKENDS. IN THE EVENT OF CALL BACK THEY WERE TO BE PAID OVERTIME FOR SERVICES RENDERED WITH A MINIMUM OF TWO HOURS FOR EACH CALL.

IT IS REPORTED THAT YOU WERE COMPENSATED FOR ALL ACTUAL OVERTIME SERVICES RENDERED AND APPARENTLY YOU DO NOT CONTEND OTHERWISE. HOWEVER, YOU MAINTAIN THAT THE STATUS OF BEING SUBJECT TO CALL ON THE PARTICULAR WEEKENDS CONSTITUTED STANDBY DUTY WITHIN THE MEANING OF NCPI 610-4-3 AND 4 -3D (2) (QUOTED IN THE SETTLEMENT CERTIFICATE) AND THAT YOU ARE ENTITLED TO ADDITIONAL COMPENSATION THEREFOR.

THE AGENCY HAS REPORTED THAT YOU WERE NEVER ORDERED TO REMAIN AT A DUTY STATION OR IN A DESIGNATED AREA WHILE AWAITING A CALL TO PERFORM ACTUAL DUTY. THUS, THE TIME COULD BE AND WAS SPENT AT YOUR HOME AND ELSEWHERE SO LONG AS THE OFFICE WAS INFORMED AS TO WHERE YOU COULD BE REACHED IF YOUR SERVICES WERE REQUIRED. WHILE YOU MAY HAVE BEEN INCONVENIENCED BY THE ON- CALL REQUIREMENT, WE DO NOT REGARD THE FACTS SUFFICIENT TO SUPPORT A FINDING THAT THE TIME SO SPENT WAS PREDOMINATELY FOR THE GOVERNMENT'S BENEFIT OR THAT YOUR ACTIVITIES WERE SO RESTRICTED SO AS TO CONSTITUTE WORK. TO THE SAME EFFECT SEE RAPP V. UNITED STATES, 167 CT.CL. 852 AND MOSS V. UNITED STATES, CT.CL. NO. 293-63, DECIDED DECEMBER 17, 1965.

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