B-130729, MAR. 28, 1957

B-130729, MAR. 28, 1957

TO MISS CLARA E. RICHTER:

YOUR LETTER OF JANUARY 19, 1957, REQUESTS RECONSIDERATION OF OUR SETTLEMENT DATED OCTOBER 5, 1956, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION ALLEGED TO BE DUE FOR OVERTIME SERVICES PERFORMED WHILE YOU WERE A CIVILIAN EMPLOYEE WITH THE DEPARTMENT OF THE AIR FORCE.

YOU CLAIM OVERTIME COMPENSATION FOR 433 1/2 HOURS OF SERVICES RENDERED DURING THE PERIOD FROM MAY 13 TO SEPTEMBER 14, 1955, AT THE ALTUS AIR FORCE BASE, ALTUS, OKLAHOMA. PAYMENT OF ADDITIONAL COMPENSATION WAS DENIED FOR THE REASON THAT OVERTIME IN EXCESS OF THE 40-HOUR WORKWEEK WAS NEITHER OFFICIALLY AUTHORIZED NOR APPROVED.

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 * * *.'

THE FEDERAL EMPLOYEES PAY REGULATIONS PROMULGATED BY THE CIVIL SERVICE COMMISSION PURSUANT TO THE CITED STATUTE SPECIFICALLY PROVIDE THAT NO OVERTIME SHALL BE ORDERED OR APPROVED EXCEPT IN WRITING BY AN OFFICER OR AN EMPLOYEE TO WHOM SUCH AUTHORITY HAS BEEN APPROPRIATELY DELEGATED BY THE HEAD OF THE DEPARTMENT CONCERNED. ALSO, IN COMPLIANCE WITH THE STATUTORY PROVISIONS, BASE REGULATION NO. 40-3, HEADQUARTERS, ALTUS AIR FORCE BASE, DATED OCTOBER 28, 1953, REQUIRED OVERTIME WORK TO BE KEPT TO AN ABSOLUTE MINIMUM, BUT IN THE EVENT OVERTIME WORK WAS ABSOLUTELY NECESSARY, ADVANCE APPROVAL WAS REQUIRED. IN EMERGENCY SITUATIONS (THE PREVENTION OF LOSS OF LIFE OR PROPERTY), WHICH PRECLUDE PRIOR APPROVAL, THE REGULATIONS REQUIRED ACTION TO BE TAKEN TO OBTAIN APPROVAL NOT LATER THAN THE FOLLOWING WORKDAY AFTER THE INCEPTION OF SUCH OVERTIME WORK.

IN YOUR RECENT LETTER YOU ALLEGE THAT YOU WERE REQUIRED TO RENDER OVERTIME SERVICES DURING THE ABOVE-MENTIONED PERIOD; HOWEVER, NO EVIDENCE HAS BEEN PRESENTED WHICH SUBSTANTIATES YOUR CONTENTION. ON THE CONTRARY, THE ADMINISTRATIVE REPORT FURNISHED OUR OFFICE DATED AUGUST 28, 1956, READS IN PART, AS FOLLOWS:

"BASE REGULATION NO. 40-3 DATED 28 OCTOBER 1953 PROVIDES FOR ADVANCE APPROVAL OF OVERTIME. RECORDS REVEAL THE OVERTIME WORKED IN EXCESS OF OFFICIAL TOUR OF DUTY WAS NOT AUTHORIZED OR APPROVED BY THE PROPER AUTHORITY, AND THERE IS NO BASIS FOR REIMBURSEMENT.'

OUR FILE ALSO CONTAINS AN AFFIDAVIT DATED JULY 19, 1956, EXECUTED BY WILLIAM C. FERRILL, JR., CIVILIAN PERSONNEL OFFICER, YOUR IMMEDIATE SUPERVISOR DURING THE PERIOD FOR WHICH YOU CLAIM OVERTIME COMPENSATION WHICH READS, IN PERTINENT PART, AS FOLLOWS:

"DURING THE PERIOD 16 MAY 1955 TO 13 SEPTEMBER 1955, TO THE BEST OF MY KNOWLEDGE AND BELIEF, MISS RICHTER DID NOT REQUEST VERBALLY OR IN WRITING PERMISSION TO WORK IN EXCESS OF NORMAL HOURS OF DUTY. THE NORMAL PERFORMANCE OF HER JOB SHOULD NOT AND DID NOT REQUIRE OVERTIME, NOR DO I RECALL HER HAVING PERFORMED ANY TASK WHICH APPEARED TO HAVE BEEN THE RESULT OF OVERTIME WORK.

"NEITHER DID I MAKE ANY REQUEST OF HER DURING THIS PERIOD OF TIME THAT SHE WORK IN EXCESS OF NORMAL HOURS OF DUTY.'

ALSO, THERE HAS BEEN FILED AN AFFIDAVIT DATED JULY 11, 1956, EXECUTED BY ONE EDNA M. FREEMAN, WHICH READS:

"SOMETIME DURING PERIOD 16 MAY 1955 AND 13 SEPTEMBER 1955 WHILE WORKING IN THE CIVILIAN PERSONNEL OFFICE ALTUS AIR FORCE BASE, OKLAHOMA, I WAS IN THE PRESENCE OF MR. WILLIAM C. FERRILL, JR., CIVILIAN PERSONNEL OFFICER AND MISS CLARA E. RICHTER, CHIEF, EMPLOYEE UTILIZATION, WHEN MISS RICHTER MENTIONED HER WORKLOAD REQUIRED OVERTIME. MR. FERRILL TOLD HER THAT SHE WAS NOT REQUIRED TO WORK OVERTIME AND THAT HE DID NOT WANT HER TO WORK OVERTIME.'

IN VIEW OF THE ABOVE, AND SINCE THE GENERAL ACCOUNTING OFFICE IS NOT VESTED WITH AUTHORITY TO WAIVE THE PROVISIONS OF THE PERTINENT STATUTE HERE, OR TO DISREGARD VALID AND BINDING REGULATIONS ISSUED PURSUANT THERETO WHICH SPECIFICALLY PRECLUDE PAYMENT FOR OVERTIME WORK EXCEPT WHEN OFFICIALLY ORDERED OR APPROVED IN WRITING, THERE IS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM OR ANY PART THEREOF.

ACCORDINGLY, THE SETTLEMENT OF OCTOBER 5, 1956, IS FOUND CORRECT AND HEREBY IS SUSTAINED.