B-128286, AUG. 10, 1956

B-128286: Aug 10, 1956

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SUTTER: REFERENCE IS MADE TO YOUR LETTERS REQUESTING REVIEW OF OUR SETTLEMENTS OF JANUARY 10. FOR OVERTIME SERVICES STATED TO HAVE BEEN PERFORMED BY THEM ABOARD THE Y487 AND F.S. 179. IT MAY BE STATED THAT THE CLAIMS OF NORDSTROM AND SCHNAARS WERE DISALLOWED BECAUSE THE OVERTIME FOR WHICH COMPENSATION IS CLAIMED HAD NOT BEEN OFFICIALLY ORDERED AND APPROVED IN ADVANCE. THE ONLY AUTHORITY UNDER WHICH CIVILIAN EMPLOYEES ENGAGED ON VESSELS OPERATED BY THE UNITED STATES MAY BE GRANTED OVERTIME COMPENSATION IS CONTAINED IN TRANSPORTATION CORPS MARINE PERSONNEL REGULATIONS. ONE OF WHICH IS THE APPROVAL OF THE MASTER.

B-128286, AUG. 10, 1956

TO MR. EUGENE A. SUTTER:

REFERENCE IS MADE TO YOUR LETTERS REQUESTING REVIEW OF OUR SETTLEMENTS OF JANUARY 10, 1956, AND JANUARY 23, 1956, WHICH DISALLOWED THE CLAIMS OF HARRISON G. NORDSTROM, 829 43RD STREET, BROOKLYN 32, NEW YORK, AND HANS H. SCHNAARS, 9330 FORT HAMILTON PARKWAY, BROOKLYN 9, NEW YORK, RESPECTIVELY, FOR OVERTIME SERVICES STATED TO HAVE BEEN PERFORMED BY THEM ABOARD THE Y487 AND F.S. 179, AS CIVILIAN EMPLOYEES OF THE TRANSPORTATION CORPS OF THE DEPARTMENT OF THE ARMY. YOU ALSO REQUEST THAT FAVORABLE CONSIDERATION BE GIVEN THE OVERTIME CLAIM OF WALTER NICKELSEN, C/O HANS H. SCHNAARS, NOW PENDING IN OUR OFFICE.

WHEN A CLAIMANT DESIRES TO BE REPRESENTED BEFORE OUR OFFICE BY AN ATTORNEY OR AGENT THE RULES OF PROCEDURE REQUIRE THE FILING OF A POWER OF ATTORNEY TO REPRESENT THE CLAIMANT. SEE COMPTROLLER GENERAL'S SPECIAL REGULATION NO. 1, DATED NOVEMBER 13, 1950, 15 FR 9371, 4 CFR 1.1 AND 1.6. ALSO, 30 COMP. GEN. 591. SINCE THERE HAS NOT BEEN SUBMITTED TO OUR OFFICE ANY POWER OF ATTORNEY EXECUTED BY THE ABOVE CLAIMANTS AUTHORIZING YOU TO REPRESENT THEM IN THIS MATTER, CONSIDERATION PROPERLY MAY NOT BE GIVEN YOUR PRESENT REQUESTS.

FOR YOUR INFORMATION, HOWEVER, IT MAY BE STATED THAT THE CLAIMS OF NORDSTROM AND SCHNAARS WERE DISALLOWED BECAUSE THE OVERTIME FOR WHICH COMPENSATION IS CLAIMED HAD NOT BEEN OFFICIALLY ORDERED AND APPROVED IN ADVANCE. THE ONLY AUTHORITY UNDER WHICH CIVILIAN EMPLOYEES ENGAGED ON VESSELS OPERATED BY THE UNITED STATES MAY BE GRANTED OVERTIME COMPENSATION IS CONTAINED IN TRANSPORTATION CORPS MARINE PERSONNEL REGULATIONS, MPR 6.1, REVISED MARCH 1955. THOSE REGULATIONS CLEARLY SET FORTH THE CONDITIONS PRECEDENT TO PAYMENT OF OVERTIME, ONE OF WHICH IS THE APPROVAL OF THE MASTER. IN NONE OF THE SEVERAL CLAIMS REFERRED TO HAS THE MASTER APPROVED PAYMENT OF SUCH COMPENSATION.

ACCORDINGLY, THERE APPEARS TO BE NO LEGAL BASIS FOR PAYMENT OF THE CLAIMS.