B-134004, NOV. 5, 1957

B-134004: Nov 5, 1957

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REWIS ADDITIONAL SALARY FOR TIME SPENT IN TURNING OFF LIGHTS AND LOCKING DOORS (CLOSING THE LOBBY) FOR A FEW MINUTES EACH EVENING AT THE POST OFFICE AT WHICH HE IS EMPLOYED. IN ORDER TO ACCOMPLISH THIS TASK IT WAS NECESSARY FOR MR. OUR ATTENTION IS DIRECTED TO SECTION 606 (B) OF PUBLIC LAW 68. TEMPORARY EMPLOYEE WHO REPORTS FOR DUTY IN COMPLIANCE WITH AN OFFICIAL ORDER SHALL BE EMPLOYED FOR NOT LESS THAN TWO HOURS FOLLOWING THE HOUR AT WHICH SUCH EMPLOYEE IS ORDERED TO REPORT.'. REWIS AND ANOTHER EMPLOYEE WERE ADVISED BY THE POSTMASTER THAT SHE COULD NOT REQUIRE THEM TO RETURN TO THE OFFICE TO CLOSE THE LOBBY AND THAT WHILE NO ADDITIONAL PAY COULD BE AUTHORIZED SOMEONE HAD TO SEE THAT THE LOBBY WAS LOCKED.

B-134004, NOV. 5, 1957

TO MR. LEROY P. AFDEM, AUTHORIZED CERTIFYING OFFICER, BUREAU OF FINANCE, POST OFFICE DEPARTMENT:

YOUR LETTER OF SEPTEMBER 30, 1957, FILE AEU:LPA, TRANSMITTING A PAYROLL FOR $489 FOR SERVICES PERFORMED BY MR. WRIGHT REWIS, REQUESTS OUR DECISION ON THE LEGALITY OF PAYING MR. REWIS ADDITIONAL SALARY FOR TIME SPENT IN TURNING OFF LIGHTS AND LOCKING DOORS (CLOSING THE LOBBY) FOR A FEW MINUTES EACH EVENING AT THE POST OFFICE AT WHICH HE IS EMPLOYED. IN ORDER TO ACCOMPLISH THIS TASK IT WAS NECESSARY FOR MR. REWIS TO RETURN TO THE POST OFFICE AFTER COMPLETION OF HIS REGULAR TOUR OF DUTY. OUR ATTENTION IS DIRECTED TO SECTION 606 (B) OF PUBLIC LAW 68, APPROVED JUNE 10, 1955, 39 U.S.C. 1006, WHICH STATES:

"/B) EACH SUBSTITUTE, HOURLY RATE, AND TEMPORARY EMPLOYEE WHO REPORTS FOR DUTY IN COMPLIANCE WITH AN OFFICIAL ORDER SHALL BE EMPLOYED FOR NOT LESS THAN TWO HOURS FOLLOWING THE HOUR AT WHICH SUCH EMPLOYEE IS ORDERED TO REPORT.'

YOU SAY THAT MR. REWIS AND ANOTHER EMPLOYEE WERE ADVISED BY THE

POSTMASTER THAT SHE COULD NOT REQUIRE THEM TO RETURN TO THE OFFICE TO CLOSE THE LOBBY AND THAT WHILE NO ADDITIONAL PAY COULD BE AUTHORIZED SOMEONE HAD TO SEE THAT THE LOBBY WAS LOCKED. BOTH EMPLOYEES THEN AGREED TO ALTERNATE AT CLOSING THE LOBBY. ALSO, THE POSTMASTER HAS STATED THAT MR. REWIS WAS NOT REPORTING FOR DUTY IN COMPLIANCE WITH AN OFFICIAL ORDER WHEN HE RETURNED TO CLOSE THE POST OFFICE.

ACCORDINGLY, WE DO NOT REGARD MR. REWIS' SERVICES AS BEING PERFORMED IN COMPLIANCE WITH AN OFFICIAL ORDER WITHIN THE MEANING OF SECTION 606 (B) OF PUBLIC LAW 68, AND SINCE SERVICES VOLUNTARILY PERFORMED AUTHORITY WITHOUT ORDERS DO NOT ENTITLE AS EMPLOYEE TO PAYMENT, THERE IS NO AUTHORITY TO MAKE THE PROPOSED PAYMENT TO MR. LEWIS. SEE B-105186, SEPTEMBER 5, 1951.