B-118435, MAR. 16, 1956

B-118435: Mar 16, 1956

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WHICH WAS DISALLOWED BY SETTLEMENT OF APRIL 14. WAS DISALLOWED BECAUSE IT WAS BARRED FROM CONSIDERATION BY OUR OFFICE BY THE ACT OF OCTOBER 9. AS HAVING ACCRUED 10 YEARS PRIOR TO THE DATE YOUR CLAIM FOR OVERTIME WAS FILED FOR THE FIRST TIME. WAS FOR COMPENSATION SPECIFICALLY FOR SERVICES RENDERED ON SUNDAYS AND NATIONAL HOLIDAYS AND MADE NO REFERENCE WHATEVER TO OVERTIME. WE ARE POWERLESS TO ENLARGE YOUR CLAIM MADE IN 1948. WE ARE ALSO POWERLESS TO WAIVE THE APPLICATION OF THE 10-YEAR LIMITATION STATUTE.

B-118435, MAR. 16, 1956

TO MR. THOMAS F. MAZZA:

YOUR LETTER OF MARCH 3, 1956, AGAIN REQUESTS RECONSIDERATION OF THAT PART OF YOUR CLAIM FOR OVERTIME COMPENSATION AS AN EMPLOYEE OF THE BUREAU OF CUSTOMS, TREASURY DEPARTMENT, WHICH WAS DISALLOWED BY SETTLEMENT OF APRIL 14, 1954. THAT PORTION OF YOUR CLAIM, COVERING OVERTIME COMPENSATION PRIOR TO JANUARY 20, 1944, WAS DISALLOWED BECAUSE IT WAS BARRED FROM CONSIDERATION BY OUR OFFICE BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AS HAVING ACCRUED 10 YEARS PRIOR TO THE DATE YOUR CLAIM FOR OVERTIME WAS FILED FOR THE FIRST TIME, JANUARY 20, 1954. YOUR ORIGINAL CLAIM DATED JANUARY 27, 1948, WAS FOR COMPENSATION SPECIFICALLY FOR SERVICES RENDERED ON SUNDAYS AND NATIONAL HOLIDAYS AND MADE NO REFERENCE WHATEVER TO OVERTIME. YOU ALLEGE THAT YOU LEFT OUT THE WORD "OVERTIME" IN YOUR CLAIM FOR SUNDAY AND HOLIDAY PAY AND YOU FEEL THAT SUCH OMISSION SHOULD NOT MILITATE AGAINST YOU. WE ARE POWERLESS TO ENLARGE YOUR CLAIM MADE IN 1948, AND WE ARE ALSO POWERLESS TO WAIVE THE APPLICATION OF THE 10-YEAR LIMITATION STATUTE.

AS YOUR LETTER SUBMITS NO NEW OR MATERIAL EVIDENCE NOT PREVIOUSLY CONSIDERED BY OUR OFFICE, THE DECISIONS TO YOU OF JUNE 15, 1954, JULY 23, 1954, AND MAY 16, 1955, MUST BE AND ARE ADHERED TO. ..END :