B-147182, OCT. 30, 1961

B-147182: Oct 30, 1961

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I WAS REQUIRED TO PUNCH IN 30 MINUTES EARLIER EACH NIGHT. YOU SAY YOU WERE REQUIRED TO REPORT A FULL HOUR EARLY. COPY OF WHICH WAS FURNISHED TO US WITH THE ADMINISTRATIVE REPORT IN CONNECTION WITH YOUR CLAIM. CONTAINS THE FOLLOWING INSTRUCTIONS: "ALL GUARD PERSONNEL WILL BE REQUIRED TO BE AT THEIR ASSIGNED POST OR PLACE OF DUTY IN FULL UNIFORM. IT IS EACH GUARD'S RESPONSIBILITY TO BE AT HIS PLACE OF DUTY AT THE BEGINNING OF HIS SHIFT BY WHATEVER MEANS OF LEGAL CONVEYANCE HE CHOOSES. A CIVIL GUARD VEHICLE WILL DEPART FROM BUILDING 648 AT APPROXIMATELY 1530 AND 1545 AND AT 2330 AND 2345 EACH DAY FOR THE PURPOSE OF POSTING GUARDS. THIS METHOD OF TRANSPORTATION IS AVAILABLE TO THOSE CIVIL GUARDS WHO DESIRE IT.

B-147182, OCT. 30, 1961

TO MR. ARMAND BOUCHARD:

ON AUGUST 26, 1961, YOU REQUESTED A REVIEW OF OUR SETTLEMENT DATED AUGUST 18, 1961, DISALLOWING YOUR CLAIM FOR OVERTIME COMPENSATION ALLEGEDLY DUE COVERING THE PERIOD DECEMBER 6, 1956, TO AUGUST 23, 1958, AS A CIVILIAN GUARD AT THE NAVAL AIR STATION, O AND R, NORTH ISLAND, SAN DIEGO, CALIFORNIA.

IN YOUR LETTER OF MAY 22, 1961, YOU SAY THAT "ALONG WITH THE REST OF THE CREW, I WAS REQUIRED TO PUNCH IN 30 MINUTES EARLIER EACH NIGHT, BY MY SUPERVISOR.' IN YOUR LETTER OF AUGUST 26, 1961, YOU SAY YOU WERE REQUIRED TO REPORT A FULL HOUR EARLY.

A MEMORANDUM, COPY OF WHICH WAS FURNISHED TO US WITH THE ADMINISTRATIVE REPORT IN CONNECTION WITH YOUR CLAIM, CONTAINS THE FOLLOWING INSTRUCTIONS:

"ALL GUARD PERSONNEL WILL BE REQUIRED TO BE AT THEIR ASSIGNED POST OR PLACE OF DUTY IN FULL UNIFORM, FULLY EQUIPPED, AND READY TO ASSUME THEIR DUTIES AT THE HOUR OR TIME SPECIFIED. IT IS EACH GUARD'S RESPONSIBILITY TO BE AT HIS PLACE OF DUTY AT THE BEGINNING OF HIS SHIFT BY WHATEVER MEANS OF LEGAL CONVEYANCE HE CHOOSES. HOWEVER, A CIVIL GUARD VEHICLE WILL DEPART FROM BUILDING 648 AT APPROXIMATELY 1530 AND 1545 AND AT 2330 AND 2345 EACH DAY FOR THE PURPOSE OF POSTING GUARDS, AND THIS METHOD OF TRANSPORTATION IS AVAILABLE TO THOSE CIVIL GUARDS WHO DESIRE IT.

"THE CHIEF GUARD SUPERVISOR AND SUBORDINATE GUARD SUPERVISORS ARE DIRECTED TO COMPLY WITH THE REQUIREMENTS OF THIS MEMORANDUM. IT IS DESIRED THAT EACH MEMBER OF THE CIVIL GUARD READ THIS MEMORANDUM, AND INDICATE THAT HE HAS READ AND UNDERSTANDS IT BY SIGNING HIS NAME AND THE DATE. THIS MEMORANDUM WILL THEN BE RETURNED TO THE SECURITY AND POASSIVE DEFENSE OFFICER.'

NOTHING THEREIN AUTHORIZES OR APPROVES OVERTIME NOR REQUIRES IT. SUCH INSTRUCTIONS MERELY DIRECT THAT AN EMPLOYEE MUST BE READY TO PERFORM HIS PRESCRIBED TOUR OF DUTY WHEN SUCH TOUR BEGINS.

UPON THE PRESENT RECORD NO BASIS EXISTS FOR ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, OUR SETTLEMENT OF AUGUST 18, 1961, IS SUSTAINED.