B-125828, DEC. 8, 1955

B-125828: Dec 8, 1955

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OUR ACTION UPON YOUR CLAIM WAS BASED PRIMARILY UPON THE FACT THAT THE OVERTIME SERVICES IN QUESTION WERE REQUESTED ADMINISTRATIVELY UPON A VOLUNTARY BASIS. NO EMPLOYEE WAS REQUIRED TO RENDER OVERTIME SERVICE UNLESS HE DESIRED TO DO SO. YOUR REGULARLY SCHEDULED TOUR OF DUTY WAS FROM 8 A.M. THERE IS NO WAY OF ASCERTAINING WHETHER YOU WOULD HAVE VOLUNTEERED AND WOULD HAVE BEEN ACCEPTED FOR OVERTIME SERVICE HAD YOU NOT BEEN ORDERED TO JURY DUTY. WE HAVE CAREFULLY CONSIDERED THE CONTENTIONS SET OUT IN YOUR LETTER BUT UNDER THE CIRCUMSTANCES WE ARE UNABLE TO CONCLUDE THAT UNLESS YOU ARE PAID OVERTIME COMPENSATION AND NIGHT DIFFERENTIAL FOR THE PERIODS CLAIMED THE JURY DUTY WILL HAVE RESULTED IN THE DIMINISHMENT OF YOUR COMPENSATION IN CONTRAVENTION OF THE PROVISIONS OF THE ACT OF JUNE 29.

B-125828, DEC. 8, 1955

TO MR. ANTHONY M. GALGANO:

YOUR LETTER OF OCTOBER 1, 1955, REQUESTS REVIEW OF OUR SETTLEMENT OF JULY 13, 1955, WHICH DISALLOWED YOUR CLAIM FOR OVERTIME COMPENSATION AND NIGHT DIFFERENTIAL PAY AS AN EMPLOYEE OF THE POSTAL TRANSPORTATION SERVICE, LONG ISLAND TERMINAL, DURING A PERIOD OF JURY DUTY--- DECEMBER 13 TO 17, 1954-- - IN THE FIRST DISTRICT COURT, NASSAU COUNTY, NEW YORK.

OUR ACTION UPON YOUR CLAIM WAS BASED PRIMARILY UPON THE FACT THAT THE OVERTIME SERVICES IN QUESTION WERE REQUESTED ADMINISTRATIVELY UPON A VOLUNTARY BASIS. NO EMPLOYEE WAS REQUIRED TO RENDER OVERTIME SERVICE UNLESS HE DESIRED TO DO SO. YOUR REGULARLY SCHEDULED TOUR OF DUTY WAS FROM 8 A.M. TO 4:30 P.M., AND THERE IS NO WAY OF ASCERTAINING WHETHER YOU WOULD HAVE VOLUNTEERED AND WOULD HAVE BEEN ACCEPTED FOR OVERTIME SERVICE HAD YOU NOT BEEN ORDERED TO JURY DUTY. WE HAVE CAREFULLY CONSIDERED THE CONTENTIONS SET OUT IN YOUR LETTER BUT UNDER THE CIRCUMSTANCES WE ARE UNABLE TO CONCLUDE THAT UNLESS YOU ARE PAID OVERTIME COMPENSATION AND NIGHT DIFFERENTIAL FOR THE PERIODS CLAIMED THE JURY DUTY WILL HAVE RESULTED IN THE DIMINISHMENT OF YOUR COMPENSATION IN CONTRAVENTION OF THE PROVISIONS OF THE ACT OF JUNE 29, 1940, 54 STAT. 689.