B-131094, APR. 17, 1957

B-131094: Apr 17, 1957

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YOU SAY THAT THE INDIVIDUALS HAVE PREVIOUSLY WORKED ON A FULL TIME BASIS AND PERFORMED THE IDENTICAL TYPE OF WORK AS HERE INVOLVED. BY REASON OF FAMILY RESPONSIBILITIES THEY WERE UNABLE TO WORK IN THE OFFICE AND PERFORMED MOST OF THE WORK AT THEIR HOMES WHERE THEY HAVE BEEN FURNISHED ALL NECESSARY CALCULATING MACHINES BY THE GOVERNMENT. IT IS REPRESENTED THAT CONTROL WAS MAINTAINED OVER THE TIME THE EMPLOYEES CLAIM TO HAVE WORKED BY THE VOLUME OF PRODUCTION. THE RECORD SHOWS THAT WHILE ON FULL-TIME WORK THE EMPLOYEES WERE ABOVE-AVERAGE WORKERS IN BOTH QUALITY AND QUANTITY OF PRODUCTION. IS AS FOLLOWS: "IN VIEW OF THE EXPERIENCE OF EACH EMPLOYEE ON IDENTICAL WORK AND THE CONTROL CHECK ON ACCOMPLISHMENT.

B-131094, APR. 17, 1957

TO MR. H. R. WEISSENBORN, AUTHORIZED CERTIFYING OFFICER, FOREST SERVICE, DEPARTMENT OF AGRICULTURE:

YOUR LETTER OF FEBRUARY 18, 1957, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER PROPOSING PAYMENT TO THREE GRADE GS 3 STATISTICAL CLERKS EMPLOYED ON A TEMPORARY BASIS.

YOU SAY THAT THE INDIVIDUALS HAVE PREVIOUSLY WORKED ON A FULL TIME BASIS AND PERFORMED THE IDENTICAL TYPE OF WORK AS HERE INVOLVED. BY REASON OF FAMILY RESPONSIBILITIES THEY WERE UNABLE TO WORK IN THE OFFICE AND PERFORMED MOST OF THE WORK AT THEIR HOMES WHERE THEY HAVE BEEN FURNISHED ALL NECESSARY CALCULATING MACHINES BY THE GOVERNMENT. THEY MAINTAIN THEIR OWN RECORDS OF TIME WORKED. IT IS REPRESENTED THAT CONTROL WAS MAINTAINED OVER THE TIME THE EMPLOYEES CLAIM TO HAVE WORKED BY THE VOLUME OF PRODUCTION. ALSO, THE RECORD SHOWS THAT WHILE ON FULL-TIME WORK THE EMPLOYEES WERE ABOVE-AVERAGE WORKERS IN BOTH QUALITY AND QUANTITY OF PRODUCTION. DURING THE PERIOD JANUARY 16 TO 25 THEY SPENT 5 HOURS IN THE OFFICE. THE ADMINISTRATIVE MEMORANDUM OF FEBRUARY 13, 1957, IN PARTS, IS AS FOLLOWS:

"IN VIEW OF THE EXPERIENCE OF EACH EMPLOYEE ON IDENTICAL WORK AND THE CONTROL CHECK ON ACCOMPLISHMENT, IT WAS FELT THAT THE FIVE HOURS SPENT IN THE OFFICE TOGETHER WITH TELEPHONE CONTRACTS CONSTITUTED ADEQUATE SUPERVISION IN THESE CASES. HAD THESE PEOPLE BEEN WORKING FULL-TIME IN THE OFFICE, THEY WOULD HAVE REQUIRED NO ADDITIONAL ATTENTION. THE JOB WAS STRICTLY ONE OF VOLUME PRODUCTION. FOR MANY YEARS IN THE PAST SIMILAR COMPUTATIONS HAVE BEEN MADE IN THIS DIVISION AND THIS PAST HISTORY PROVIDED A VALUABLE MEASUREMENT DEVISE FOR THE WORK DONE BY THE WAE EMPLOYEES. RECORDS WERE MAINTAINED OF ALL WORK ASSIGNMENTS AND VOLUMES OF PRODUCTION. ALL PLOT CARDS WERE CHECKED OUT AND ON AN INDIVIDUAL BASIS AND CREDITED WHEN RETURNED WITH THE COMPLETED COMPUTATIONS.

"EACH EMPLOYEE KEPT HER OWN TIME WHILE AWAY FROM THE OFFICE. CERTIFICATION OF SUCH WORK WAS MADE ON BASIS OF WORK PERFORMED AND COMPLETED RECOGNIZING THAT EACH EMPLOYEE HAD PREVIOUSLY WORKED ON IDENTICAL MATERIAL AND HAD RENDERED HONEST AND EFFICIENT SERVICE.'

WHETHER AN EMPLOYEE HAS SATISFACTORILY PERFORMED THE DUTIES FOR WHICH HIRED IS A QUESTION OF FACT PRIMARILY FOR ADMINISTRATIVE DETERMINATION. GENERALLY SPEAKING, IT IS NOT ESSENTIAL TO A DUTY STATUS THAT THE EMPLOYEE SHALL BE WITHIN A CERTAIN ROOM OR OFFICE. A.D. 7156 OCTOBER 25, 1922; SALLIE H. PALMER V. UNITED STATES, 17 C.CLS. 230. ACCORDINGLY, IF IT BE DETERMINED ADMINISTRATIVELY THAT THESE EMPLOYEES HAVE SATISFACTORILY PERFORMED THE DUTIES FOR WHICH HIRED THE VOUCHER MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE PROPER.