B-128550, B-128690, SEP. 21, 1956

B-128550,B-128690: Sep 21, 1956

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TO THE SECRETARY OF THE ARMY: YOUR ATTENTION IS DIRECTED TO OUR LETTER OF JULY 25. THE MATTER WAS REFERRED HERE FOR OUR COMMENTS BY SENATOR OLIN D. THE RECORDS SHOW THAT INFORMAL INQUIRIES WERE RECENTLY ISSUED BY OUR AUDITORS QUESTIONING CERTAIN OVERTIME PAYMENTS TO MR. CROOK AND OTHER EMPLOYEES FOR SERVICES IN EXCESS OF THEIR REGULAR TOUR OF DUTY OF 72 HOURS PER WEEK WHICH PAYMENTS WERE IN ADDITION TO THE PREMIUM COMPENSATION ON AN ANNUAL BASIS (15 PERCENT) DETERMINED AS PAYABLE UNDER THE PROVISION OF SECTION 401 (A) (1) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. WE HAVE MADE A REVIEW OF THE LEGAL BASIS FOR PAYMENT OF OVERTIME COMPENSATION IN ADDITION TO THE PREMIUM PERCENTAGE COMPENSATION PRESENTLY BEING PAID TO MR.

B-128550, B-128690, SEP. 21, 1956

TO THE SECRETARY OF THE ARMY:

YOUR ATTENTION IS DIRECTED TO OUR LETTER OF JULY 25, 1956, TO THE DIRECTOR OF CIVILIAN PERSONNEL, AND HIS REPLY THERETO OF AUGUST 25, 1956, CONCERNING ORAL STATEMENTS MADE TO MR. LESLIE L. CROOK, A FIREFIGHTER, WALTER REED ARMY MEDICAL CENTER, IN CONNECTION WITH COMPENSATION FOR SERVICES IN EXCESS OF HIS REGULAR TOUR OF DUTY OF 72 HOURS PER WEEK. THE MATTER WAS REFERRED HERE FOR OUR COMMENTS BY SENATOR OLIN D. JOHNSTON BECAUSE THE STATEMENTS TO MR. CROOK APPARENTLY AROSE OUT OF ACTION BY OUR OFFICE IN QUESTIONING THE ADDITIONAL OVERTIME PAYMENTS TO MR. CROOK AND OTHER EMPLOYEES AT THE HOSPITAL.

THE RECORDS SHOW THAT INFORMAL INQUIRIES WERE RECENTLY ISSUED BY OUR AUDITORS QUESTIONING CERTAIN OVERTIME PAYMENTS TO MR. CROOK AND OTHER EMPLOYEES FOR SERVICES IN EXCESS OF THEIR REGULAR TOUR OF DUTY OF 72 HOURS PER WEEK WHICH PAYMENTS WERE IN ADDITION TO THE PREMIUM COMPENSATION ON AN ANNUAL BASIS (15 PERCENT) DETERMINED AS PAYABLE UNDER THE PROVISION OF SECTION 401 (A) (1) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED. IN VIEW OF THE NATURE OF SENATOR JOHNSTON'S LETTER TO OUR OFFICE, AS WELL AS THAT OF A SIMILAR LETTER FROM SENATOR BUTLER CONCERNING ANOTHER FIREFIGHTER AT THE HOSPITAL, WE HAVE MADE A REVIEW OF THE LEGAL BASIS FOR PAYMENT OF OVERTIME COMPENSATION IN ADDITION TO THE PREMIUM PERCENTAGE COMPENSATION PRESENTLY BEING PAID TO MR. CROOK AND OTHER FIREFIGHTERS UNDER SECTION 401 (A) (1) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED. AFTER EXAMINING THE LEGISLATIVE HISTORY OF THE AMENDATORY ENACTMENT OF SEPTEMBER 1, 1954, PUBLIC LAW 763, IT IS OUR VIEW THAT NO OVERTIME COMPENSATION IS ALLOWABLE TO MR. CROOK AND THE OTHER EMPLOYEES INVOLVED WHICH IS IN ADDITION TO THE 15 PERCENT PREMIUM COMPENSATION OTHERWISE BEING PAID UNDER SECTION 401 (A) (1) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED.

IRRESPECTIVE OF THE FOREGOING, IT WOULD SEEM THAT IN VIEW OF THE CONSIDERABLE AMOUNT OF OVERTIME REQUIRED OF MR. CROOK (67 HOURS) IN A PERIOD OF APPROXIMATELY ONE YEAR, THAT, A SURVEY WOULD BE WARRANTED OF THE WORK SITUATION AT THE WALTER REED HOSPITAL TO DETERMINE WHETHER A HIGHER RATE OF PREMIUM COMPENSATION SHOULD BE ADOPTED OR PROPOSED TO THE CIVIL SERVICE COMMISSION FOR APPROVAL AS THE CASE MIGHT BE. SEE SECTIONS 25.254 (B) AND 25.274 OF THE COMMISSIONS' REGULATIONS. WE ARE ADVISING SENATORS JOHNSTON AND BUTLER OF THIS SUGGESTION AND THAT YOU WILL ADVISE THEM OF YOUR FINDINGS IN THE MATTER.