B-120919, AUG. 5, 1955

B-120919, AUG. 5, 1955

TO MR. HARRY D. MILLER:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 26, 1955, WITH ENCLOSURES, REQUESTING A REVIEW OF THAT PART OF OUR SETTLEMENT DATED NOVEMBER 1, 1951, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION ALLEGED TO BE DUE FOR OVERTIME SERVICES RENDERED WHILE AN EMPLOYEE OF THE FISHAND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR, PORTLAND, OREGON.

YOU CLAIM OVERTIME COMPENSATION FOR SERVICES RENDERED AS CADASTRAL ENGINEER WHILE ASSIGNED TO TEMPORARY DUTY AT ATASCOSA NATIONAL WILDLIFE REFUGE, NEAR BROWNSVILLE, TEXAS, DURING JANUARY AND FEBRUARY 1948. PAYMENT OF ADDITIONAL COMPENSATION WAS DENIED FOR THE REASON THAT OVERTIME IN EXCESS OF THE PRESCRIBED 40-HOUR WORKWEEK HAD NOT BEEN AUTHORIZED OR APPROVED.

IN YOUR RECENT LETTER YOU POINT OUT THAT WHILE THE OFFICIAL RECORDS MAY NOT DISCLOSE OVERTIME SERVICES AS HAVING BEEN RENDERED OR AUTHORIZED, YOU STATE THAT BOTH LABORERS AND CLASSIFIED CIVIL SERVICE EMPLOYEES ENGAGED ON THE SURVEY PROJECT WERE TRANSPORTED TO AND FROM WORK IN THE SAME VEHICLE AT THE SAME TIME OF DAY, AND THAT BOTH CLASSES OF EMPLOYEES WERE ORDERED AND AUTHORIZED TO WORK TEN HOURS DAILY BY MR. A. A. REIMER, CHIEF OF BRANCH OF LANDS, WASHINGTON, D.C., AND BY MR. T. H. CONRADY, REGIONAL SUPERVISOR. IN SUPPORT OF YOUR CONTENTION YOU SUBMITTED PHOTOSTATIC COPIES OF AFFIDAVITS EXECUTED BY TWO LABORERS FORMALLY EMPLOYED ON THE LAGUNA ATASCOSA WILDLIFE REFUGE PROJECT TO THE EFFECT THAT THEY NOT ONLY WERE REQUIRED TO PERFORM OVERTIME SERVICES DURING THE INVOLVED PERIOD BUT THAT THE OFFICIAL TIMESHEETS WERE ALL ADJUSTED TO SHOW THAT ONLY 40 HOURS OF SERVICES WERE RENDERED EACH WEEK.

SECTION 201 OF THE ACT OF JUNE 30, 1945, 59 STAT. 296, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"OFFICERS AND EMPLOYEES * * * SHALL, IN ADDITION TO THEIR BASIC COMPENSATION, BE COMPENSATED FOR ALL HOURS OF EMPLOYMENT, OFFICIALLY ORDERED OR APPROVED, IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK, AT OVERTIME RATES * * *.'

SECTION 25.141 OF THE FEDERAL EMPLOYEE'S PAY REGULATIONS PROMULGATED BY THE CIVIL SERVICE COMMISSION, IN EFFECT DURING THE PERIOD OF YOUR CLAIM, PROVIDES, IN PART, AS FOLLOWS:

"SEC. 25.141 OVERTIME COMPENSATION AUTHORIZED.

(A) OFFICERS AND EMPLOYEES TO WHOM THIS SUBPART APPLIES SHALL BE PAID OVERTIME COMPENSATION COMPUTED AS PROVIDED IN SECTION 25.143, FOR ALL HOURS OF EMPLOYMENT OFFICIALLY ORDERED OR APPROVED IN EXCESS OF 40 HOURS IN ANY ADMINISTRATIVE WORKWEEK, INCLUDING IRREGULAR OR OCCASIONAL OVERTIME DUTY.

"/C) HEADS OF DEPARTMENTS * * * MAY DELEGATE TO ANY OFFICER OR EMPLOYEE AUTHORITY TO ORDER OR APPROVE OVERTIME IN EXCESS OF ANY THAT MAY BE INCLUDED IN THE REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK. NO SUCH EXCESS OVERTIME SHALL BE ORDERED OR APPROVED EXCEPT IN WRITING BY AN OFFICER OR EMPLOYEE TO WHOM SUCH AUTHORITY HAS BEEN SPECIFICALLY DELEGATED BY THE HEAD OF THE DEPARTMENT * * *.'

THE GENERAL ACCOUNTING OFFICE HAS NO AUTHORITY TO WAIVE THE PROVISIONS OF A STATE, OR TO DISREGARD VALID AND BINDING REGULATIONS ISSUED PURSUANT THERETO. THE QUOTED REGULATIONS SPECIFICALLY PRECLUDE PAYMENTS FOR OVERTIME WORK EXCEPT WHEN OFFICIALLY ORDERED OR APPROVED IN WRITING AND THE ADMINISTRATIVE OFFICE ON TWO OCCASIONS HAS REPORTED THAT IT HAS NO RECORD SHOWING THAT THE OVERTIME FOR WHICH YOU MAKE CLAIM WAS EITHER OFFICIALLY AUTHORIZED OR APPROVED. THE FACT THAT SUCH OVERTIME WORK MIGHT HAVE BEEN ORALLY AUTHORIZED BY A LOCAL SUPERVISOR, SUCH AS INDICATED IN THE AFFIDAVITS FURNISHED BY YOU, WOULD NOT BE SUFFICIENT TO MEET THE REQUIREMENT THAT SUCH AUTHORIZATION OR APPROVAL BE IN WRITING.

ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 1, 1951, DISALLOWING YOUR CLAIM MUST BE AND IS SUSTAINED.