B-140909, NOV. 6, 1959

B-140909: Nov 6, 1959

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IT WAS REFERRED TO OUR OFFICE FOR REPLY BY THE AIR FORCE ACCOUNTING AND FINANCE CENTER. YOUR CLAIM WAS DISALLOWED IN OUR SETTLEMENT OF JANUARY 28. THE RECORD DOES NOT SHOW THAT YOU WERE NOT PAID IN ACCORDANCE WITH THE TERMS OF YOUR CONTRACT. WE ALSO ADVISED YOU THAT NO RECORD OF STAND-BY TIME WAS ACCOUNTED FOR IN THE TIME AND ATTENDANCE REPORTS AS NO ACTUAL WORK WAS PERFORMED. IN YOUR PRESENT LETTER YOU SAY THAT THE CONTRACTS WERE ILLEGAL AND YOU REFER TO BOAT OPERATIONS AND MAINTENANCE LOG BOOKS AS CONTAINING RECORDS OF SUCH STAND-BY TIME. WE FIND NOTHING IN THE RECORD TO INDICATE THAT YOUR CONTRACTS WERE "ILLEGAL" AS YOU ALLEGE. THE PROVISIONS OF A LATTER CONTRACT (A COPY OF WHICH YOU FURNISHED WITH YOUR LETTER) HAVE NO EFFECT UPON THE VALIDITY OF THE CONTRACTS WHICH YOU SIGNED AND UNDER WHICH YOUR CLAIM IS MADE FOR STAND-BY TIME.

B-140909, NOV. 6, 1959

TO MR. BIENVENIDO P. OCAMPO:

ON JULY 13, 1959, YOU ADDRESSED A LETTER TO SETTLEMENT OPERATIONS, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS 49, INDIANA, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR OVERTIME COMPENSATION FOR STAND-BY TIME AS A MARITIME EMPLOYEE OF THE U.S. AIR FORCE IN THE PHILIPPINES. SINCE IT APPEARS YOUR LETTER REFERS TO THE DISALLOWANCE OF YOUR CLAIM BY OUR OFFICE ON JANUARY 28, 1959, IT WAS REFERRED TO OUR OFFICE FOR REPLY BY THE AIR FORCE ACCOUNTING AND FINANCE CENTER.

YOUR CLAIM WAS DISALLOWED IN OUR SETTLEMENT OF JANUARY 28, 1959, FOR THE REASON THAT THE WAGE RATE SPECIFIED IN YOUR EMPLOYMENT CONTRACTS INCLUDED COMPENSABLE STAND-BY TIME AS ONE OF THE FACTORS IN ESTABLISHING SUCH RATE OF PAY, AND THE RECORD DOES NOT SHOW THAT YOU WERE NOT PAID IN ACCORDANCE WITH THE TERMS OF YOUR CONTRACT. WE ALSO ADVISED YOU THAT NO RECORD OF STAND-BY TIME WAS ACCOUNTED FOR IN THE TIME AND ATTENDANCE REPORTS AS NO ACTUAL WORK WAS PERFORMED. IN YOUR PRESENT LETTER YOU SAY THAT THE CONTRACTS WERE ILLEGAL AND YOU REFER TO BOAT OPERATIONS AND MAINTENANCE LOG BOOKS AS CONTAINING RECORDS OF SUCH STAND-BY TIME.

WE FIND NOTHING IN THE RECORD TO INDICATE THAT YOUR CONTRACTS WERE "ILLEGAL" AS YOU ALLEGE. THE PROVISIONS OF A LATTER CONTRACT (A COPY OF WHICH YOU FURNISHED WITH YOUR LETTER) HAVE NO EFFECT UPON THE VALIDITY OF THE CONTRACTS WHICH YOU SIGNED AND UNDER WHICH YOUR CLAIM IS MADE FOR STAND-BY TIME. ALSO, EVEN UNDER THE COPY OF THE CONTRACT YOU FURNISH, THE PARAGRAPH 6 PROVISIONS FOR EXTRA PAY FOR WORK ON HOLIDAYS, NON-WORK DAYS, OR IN EXCESS OF 8 HOURS ON ANY WORK DAY HAVE NO BEARING UPON THE STAND-BY TIME YOU CLAIM.

REGARDING THE LOG BOOK TO WHICH YOU REFER, IT APPEARS SUCH LOG CONTAINED ONLY THE HISTORY OF THE VESSEL, TIME, AND DATES OF DEPARTURES AND ARRIVALS, ENGINE TROUBLES, AND OTHER INCIDENTS ENCOUNTERED PERTAINING TO THE VESSEL'S OPERATIONS. IT DID NOT CONTAIN A ROSTER OF THE CREW NOR THE TIME WORKED BY INDIVIDUAL CREW MEMBERS. THEREFORE, NO ACTUAL RECONSTRUCTION OF THE WORKING HOURS YOU CLAIM IS POSSIBLE FROM SUCH LOG BOOK.

IN THE CIRCUMSTANCES, THE DISALLOWANCE OF YOUR CLAIM MUST BE AND IS SUSTAINED.