B-134290, DEC. 3, 1957

B-134290: Dec 3, 1957

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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 AT MANILA AIR STATION DURING THE PERIOD APRIL 1. YOUR CLAIM FOR PAYMENT OF ADDITIONAL COMPENSATION WAS NOT ALLOWED FOR THE REASON THAT OVERTIME IN EXCESS OF THE PRESCRIBED 40-HOUR WORKWEEK HAD NOT BEEN AUTHORIZED OR APPROVED. IT WAS POINTED OUT IN OUR SETTLEMENT OF JULY 22. THE OVERTIME MUST BE EITHER AUTHORIZED BEFORE IT WAS PERFORMED OR APPROVED BY PROPER AUTHORITY AFTERWARDS. OFFICIAL RECORDS RELATING TO YOUR EMPLOYMENT AT THE MANILA AIR STATION SHOW A NUMBER OF INSTANCES WHEN YOU WERE PAID EXTRA COMPENSATION FOR WORK PERFORMED ON HOLIDAYS BUT THE RECORDS SHOW ONLY ONE INSTANCE WHEN YOU WORKED OVERTIME.

B-134290, DEC. 3, 1957

TO MR. POLICARPO V. CARINO:

YOUR LETTER OF OCTOBER 15, 1957, REQUESTS RECONSIDERATION OF OUR SETTLEMENT DATED JULY 22, 1957, 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 AT MANILA AIR STATION DURING THE PERIOD APRIL 1, 1954, TO JULY 20, 1956.

YOUR CLAIM FOR PAYMENT OF ADDITIONAL COMPENSATION WAS NOT ALLOWED FOR THE REASON THAT OVERTIME IN EXCESS OF THE PRESCRIBED 40-HOUR WORKWEEK HAD NOT BEEN AUTHORIZED OR APPROVED. IT WAS POINTED OUT IN OUR SETTLEMENT OF JULY 22, THAT THE LAW (FEDERAL EMPLOYEES PAY ACT OF 1945) AND AIR FORCE REGULATIONS BOTH REQUIRE THAT, IN ORDER TO RECEIVE ADDITIONAL COMPENSATION, THE OVERTIME MUST BE EITHER AUTHORIZED BEFORE IT WAS PERFORMED OR APPROVED BY PROPER AUTHORITY AFTERWARDS.

OFFICIAL RECORDS RELATING TO YOUR EMPLOYMENT AT THE MANILA AIR STATION SHOW A NUMBER OF INSTANCES WHEN YOU WERE PAID EXTRA COMPENSATION FOR WORK PERFORMED ON HOLIDAYS BUT THE RECORDS SHOW ONLY ONE INSTANCE WHEN YOU WORKED OVERTIME. THIS WAS EIGHT HOURS ON FEBRUARY 20, 1955, AND THE RECORDS SHOW THAT WRITTEN APPROVAL WAS PROPERLY OBTAINED AND THAT YOU WERE PAID AT 1 1/2 TIMES YOUR REGULAR HOURLY RATE FOR THE EIGHT HOURS OVERTIME WORKED. THE FACT THAT YOU MAY HAVE WORKED ADDITIONAL OVERTIME, AS YOU ALLEGE, DOES NOT IN ITSELF ENTITLE YOU TO BE PAID FOR IT. THE CONTROLLING FACT REMAINS THAT THERE IS NO EVIDENCE IN THE RECORD AND NONE HAS BEEN SUBMITTED BY YOU TO SHOW THAT ANY OTHER OVERTIME WAS AUTHORIZED OR APPROVED FOR YOU BY PROPER AUTHORITY AT MANILA AIR STATION. IN THIS CONNECTION, IT APPEARS THAT THE SUPERVISOR OR THE MESS SERGEANT IN CHARGE OF THE MESS WHERE YOU WORKED WOULD NOT BE THE "PROPER AUTHORITY" WITHIN THE MEANING OF THE REGULATIONS TO AUTHORIZE OR APPROVE OVERTIME SO AS TO ENTITLE YOU TO EXTRA COMPENSATION.

OUR OFFICE HAS NO AUTHORITY TO WAIVE THE PROVISIONS OF THE STATUTE OR TO DISREGARD VALID AND BINDING REGULATIONS ISSUED PURSUANT TO THE STATUTE. THE LAW AND THE APPLICABLE AIR FORCE REGULATIONS SPECIFICALLY PRECLUDE PAYMENT FOR OVERTIME WORK EXCEPT WHEN AUTHORIZED OR APPROVED BY PROPER AUTHORITY AND THE ADMINISTRATIVE OFFICE HAS REPORTED THAT IT HAS NO RECORD SHOWING THAT THE OVERTIME FOR WHICH YOU MAKE CLAIM WAS EITHER AUTHORIZED OR APPROVED OFFICIALLY.

THEREFORE, THE SETTLEMENT OF JULY 22, 1957, DISALLOWING YOUR CLAIM, MUST BE AND IS SUSTAINED. THE THERMOFAX COPIES OF "RECONSTRUCTED" TIME AND ATTENDANCE REPORTS, WHICH YOU SUBMITTED IN SUPPORT OF YOUR CLAIM, HAVE BECOME A PART OF THE OFFICIAL RECORD ON WHICH THE SETTLEMENT IS BASED AND MUST BE RETAINED IN THIS OFFICE.