B-130038, DEC. 28, 1956

B-130038: Dec 28, 1956

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PHILLIPS: THERE WAS FORWARDED TO US BY THE UNITED STATES CIVIL SERVICE COMMISSION ON SEPTEMBER 8. OUR DELAY IN REPLYING TO YOUR LETTER WAS OCCASIONED BY THE FACT THAT WE INADVERTENTLY FILED THE LETTER WITH AN UNRELATED GROUP OF CLAIMS INVOLVING HOLIDAY COMPENSATION WHICH WERE AWAITING COURT ACTION. YOU WERE ADVISED IN PERTINENT PART AS FOLLOWS: "THE RECORDS SHOW THAT DURING THE PERIOD OF YOUR CLAIM YOU WERE EMPLOYED BY THE DEPARTMENT OF JUSTICE. "OVERTIME COMPENSATION TO IMMIGRATION INSPECTORS IS GOVERNED BY THE ACT OF MARCH 2. "THE SERVICE RENDERED BY YOU DOES NOT CONSTITUTE THE TYPE OF SERVICE FOR WHICH OVERTIME PAY OR EXTRA COMPENSATION IS PAYABLE UNDER THE ACT OF MARCH 2. THERE IS NO LAW GENERALLY AUTHORIZING PAYMENT OF OVERTIME COMPENSATION TO PER ANNUM EMPLOYEES OF THE UNITED STATES PRIOR TO DECEMBER 1.

B-130038, DEC. 28, 1956

TO MR. THOMAS E. PHILLIPS:

THERE WAS FORWARDED TO US BY THE UNITED STATES CIVIL SERVICE COMMISSION ON SEPTEMBER 8, 1955, YOUR LETTER RENEWING YOUR CLAIM FOR EXTRA COMPENSATION FOR SERVICES ON SUNDAYS AND HOLIDAYS AND FOR OVERTIME SERVICES RENDERED AS AN IMMIGRATION PATROL INSPECTOR.

OUR DELAY IN REPLYING TO YOUR LETTER WAS OCCASIONED BY THE FACT THAT WE INADVERTENTLY FILED THE LETTER WITH AN UNRELATED GROUP OF CLAIMS INVOLVING HOLIDAY COMPENSATION WHICH WERE AWAITING COURT ACTION. WE REGRET THE ERROR.

IN OUR SETTLEMENT OF JANUARY 22, 1952, YOU WERE ADVISED IN PERTINENT PART AS FOLLOWS:

"THE RECORDS SHOW THAT DURING THE PERIOD OF YOUR CLAIM YOU WERE EMPLOYED BY THE DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE, AS AN IMMIGRATION PATROL INSPECTOR, IN CONNECTION WITH THE DETECTION AND PREVENTION OF ILLEGAL ENTRY OR SMUGGLING OF ALIENS INTO THE UNITED STATES AND TO GUARD AGAINST VIOLATIONS OF THE IMMIGRATION STATUTES OF THE UNITED STATES.

"OVERTIME COMPENSATION TO IMMIGRATION INSPECTORS IS GOVERNED BY THE ACT OF MARCH 2, 1931, 46 STAT. 1467, WHICH PROVIDES PAYMENTS OF EXTRA COMPENSATION TO CERTAIN EMPLOYEES IN THE IMMIGRATION AND NATURALIZATION SERVICE IN CONNECTION WITH THE EXAMINATION AND LANDING OF PASSENGERS AND CREWS OF STEAMSHIPS, TRAINS, AIRPLANES, OR OTHER VEHICLES, ARRIVING IN THE UNITED STATES FROM A FOREIGN PORT BY WATER, LAND OR AIR.

"THE SERVICE RENDERED BY YOU DOES NOT CONSTITUTE THE TYPE OF SERVICE FOR WHICH OVERTIME PAY OR EXTRA COMPENSATION IS PAYABLE UNDER THE ACT OF MARCH 2, 1931, SUPRA. IN THIS CONNECTION SEE DECISION OF THE COURT OF CLAIMS OF THE UNITED STATES DATED JANUARY 9, 1951, IN THE CASES OF HARRY B. GREENE AND GLENN I. TONEY V. THE UNITED STATES.

"FURTHERMORE, THERE IS NO LAW GENERALLY AUTHORIZING PAYMENT OF OVERTIME COMPENSATION TO PER ANNUM EMPLOYEES OF THE UNITED STATES PRIOR TO DECEMBER 1, 1942. PAYMENTS TO PER ANNUM EMPLOYEES SUBSEQUENT THERETO AND DURING THE WAR EMERGENCY WERE ON THE BASIS OF A 48-HOUR WORK WEEK AND THERE IS NO LAW AUTHORIZING PAYMENT OF ADDITIONAL COMPENSATION FOR UNOBSERVED HOLIDAYS DURING THE WAR EMERGENCY.'

THERE HAS BEEN NO SUBSEQUENT CHANGE IN THE LAW OR THE INTERPRETATION THEREOF WHICH WOULD WARRANT ANY DIFFERENT ACTION BY US UPON YOUR CLAIM. ACCORDINGLY, IN THE ABSENCE OF A PRESENTATION OF NEW MATERIAL BEARING UPON THE VALIDITY OF YOUR CLAIM WE STILL REGARD THE SETTLEMENT OF JANUARY 22, 1952, AS A PROPER DISPOSITION OF YOUR CLAIM.