B-146595, NOV. 30, 1961

B-146595, NOV. 30, 1961

TO MR. ANTHONY J. MASTRIANA:

THIS REFERS TO YOUR LETTER OF SEPTEMBER 5, 1961, REQUESTING THAT WE RECONSIDER THE ACTION TAKEN IN OUR DECISION B-146595, DATED AUGUST 30, 1961, TO YOU, WHEREIN WE SUSTAINED THE ACTION IN DISALLOWING YOUR CLAIM FOR OVERTIME COMPENSATION ALLEGEDLY DUE AS A CIVILIAN GUARD AT THE UNITED STATES NAVAL AIR STATION, NORTH ISLAND, SAN DIEGO,CALIFORNIA.

AS YOU ARE AWARE, WE RECENTLY INVESTIGATED THIS MATTER. IT IS CLEAR FROM THE DATA OBTAINED THAT A ONE-HALF LUNCH PERIOD WAS NOT ALLOWED. ALSO, THE TIME CARDS SHOW THAT THE ELAPSED TIME BETWEEN YOUR CLOCKING IN AND OUT AT GUARD HEADQUARTERS GENERALLY WAS 8 1/2 HOURS, OR LONGER, FOR THE PERIOD PRIOR TO APRIL 27, 1961. WE MUST RECOGNIZE AT THIS POINT, HOWEVER, THAT THE ADMINISTRATIVE VIEW EVIDENTLY IS THAT THE WORKDAY BEGINS AND ENDS AT THE DUTY POST WHERE THE ACTUAL WORK IS PERFORMED AND NOT AT THE GUARD HEADQUARTERS. EVIDENCE OF ACTUAL TIME WORKED AT THE DUTY POSTS IS CONTAINED IN THE DAILY TIME LOGS. THOSE LOGS EXAMINED BY US SHOW THAT YOU AND OTHER GUARDS DID NOT WORK AT THE DUTY POSTS MORE THAN 8 HOURS DAILY, EXCEPT FOR A FEW EXTRA MINUTES ON CERTAIN OCCASIONS. MOREOVER, THE COMMANDING OFFICER AT THE NAVAL AIR STATION TAKES THE POSITION THAT HE DID NOT AUTHORIZE THE ONE-HALF DAILY OVERTIME HERE IN QUESTION.

WE HOLD THAT ON THE EVIDENCE BEFORE US THERE HAS NOT BEEN ESTABLISHED AN ADEQUATE BASIS FOR CONSIDERATION OF THE PERIOD BETWEEN CLOCKING IN OR OUT AT THE GUARD HEADQUARTERS AND THE COMMENCEMENT OR TERMINATION OF ACTUAL WORK AT THE DUTY POST AS A PERIOD FOR WHICH OVERTIME MAY BE ALLOWED UNDER THE FEDERAL EMPLOYEES PAY ACT.

THEREFORE, UPON RECONSIDERATION THE ACTION TAKEN IN OUR DECISION OF AUGUST 30, 1961, B-146595, TO YOU, IS SUSTAINED.