B-142987, JUN. 6, 1960

B-142987: Jun 6, 1960

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WILL BE TREATED AS A REQUEST FOR REVIEW OF OUR SETTLEMENT OF MARCH 14. WHICH DISALLOWED YOUR CLAIM TO ADDITIONAL COMPENSATION FOR OVERTIME WHILE YOU WERE EMPLOYED AS A CIVILIAN GUARD BY THE 6200TH AIR POLICE SQUADRON. YOU WERE REQUIRED TO REPORT ONE HOUR AND FIFTEEN MINUTES BEFORE THE TIME YOUR EIGHT HOUR SHIFT WAS TO BEGIN IN ORDER TO SIGN A TIME SHEET. YOU ALSO SAY THAT YOU HAVE NOT RECEIVED COMPENSATION FOR THAT HOUR AND FIFTEEN MINUTES ALTHOUGH IT WAS OFFICIALLY ORDERED AND APPROVED AS OVERTIME. THE DEPARTMENT OF THE AIR FORCE HAS REPORTED THAT IN THE PHILIPPINES IT WAS THE PREVAILING PRACTICE IN DEFENSE DEPARTMENT AGENCIES. IT IS FURTHER REPORTED THAT THE CIVILIAN GUARD EMPLOYEES WERE ADVISED IN ADVANCE THAT PAYMENT WOULD NOT BE MADE FOR REPORTING EARLY.

B-142987, JUN. 6, 1960

TO MR. BARTOLUME ROLDAN:

YOUR LETTER OF MAY 4, 1960, WILL BE TREATED AS A REQUEST FOR REVIEW OF OUR SETTLEMENT OF MARCH 14, 1960, WHICH DISALLOWED YOUR CLAIM TO ADDITIONAL COMPENSATION FOR OVERTIME WHILE YOU WERE EMPLOYED AS A CIVILIAN GUARD BY THE 6200TH AIR POLICE SQUADRON, CLARK AIR FORCE BASE, PHILIPPINES.

YOU SAY THAT, WHILE SO EMPLOYED, YOU WERE REQUIRED TO REPORT ONE HOUR AND FIFTEEN MINUTES BEFORE THE TIME YOUR EIGHT HOUR SHIFT WAS TO BEGIN IN ORDER TO SIGN A TIME SHEET, DRAW ARMS, ATTEND GUARD MOUNT, AND TAKE YOUR ASSIGNED POST. YOU ALSO SAY THAT YOU HAVE NOT RECEIVED COMPENSATION FOR THAT HOUR AND FIFTEEN MINUTES ALTHOUGH IT WAS OFFICIALLY ORDERED AND APPROVED AS OVERTIME.

IN OUR SETTLEMENT TO YOU WE SAID:

"IN SIMILAR CASES INVOLVING THE CIVILIAN GUARD SECTION, OFFICE OF THE PROVOST MARSHAL, MANILA AIR STATION, APO 928, THE DEPARTMENT OF THE AIR FORCE HAS REPORTED THAT IN THE PHILIPPINES IT WAS THE PREVAILING PRACTICE IN DEFENSE DEPARTMENT AGENCIES, UNITED STATES GOVERNMENT AGENCIES, SUBURBAN POLICE DEPARTMENTS, AND THE MAJORITY OF THE LOCAL BUSINESS ESTABLISHMENTS FOR GUARDS TO REPORT FOR INSTRUCTIONS PRIOR TO THE OFFICIAL TOUR OF DUTY HOUR. IT IS FURTHER REPORTED THAT THE CIVILIAN GUARD EMPLOYEES WERE ADVISED IN ADVANCE THAT PAYMENT WOULD NOT BE MADE FOR REPORTING EARLY; THAT NO PUNITIVE ACTION WAS TAKEN FOR FAILURE TO REPORT FOR INSTRUCTIONS PRIOR TO DUTY STATUS, AS THIS WAS PERFORMED UNDER A GENTLEMEN'S AGREEMENT; AND THAT EARLY REPORTING WAS NOT CONSIDERED AS OVERTIME OFFICIALLY ORDERED OR APPROVED.'

THE EVIDENCE YOU NOW HAVE SUBMITTED DOES NOT SHOW THAT PUNITIVE ACTION WAS TAKEN AGAINST YOU OR ANY CIVILIAN GUARD AT YOUR STATION FOR FAILURE TO REPORT PRIOR TO THE BEGINNING OF A SHIFT, NOR DOES IT SHOW THAT PUNITIVE ACTION WOULD BE TAKEN FOR SUCH REASON.

IN VIEW OF THE REPORT OF THE DEPARTMENT OF THE AIR FORCE THAT DIRECTIVES TO CIVILIAN GUARDS AT UNITED STATES GOVERNMENT INSTALLATIONS IN THE PHILIPPINES TO REPORT EARLY WERE NOT MANDATORY, AND SINCE OUR OFFICE MUST ACCEPT THE FACTS AS REPORTED BY THE ADMINISTRATIVE AGENCY CONCERNED IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION THAT THESE FACTS ARE TRUE--- AND NO SUCH EVIDENCE HAS BEEN SUBMITTED--- OUR SETTLEMENT WHICH DISALLOWED YOUR CLAIM MUST BE SUSTAINED.