B-147481, MAR. 13, 1962

B-147481: Mar 13, 1962

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DISALLOWED YOUR CLAIM FOR OVERTIME PAY FOR CERTAIN HOURS YOU SAY YOU WORKED IN EXCESS OF 40 HOURS PER WEEK AND FOR WHICH YOU WERE NOT PAID UNDER THE RULES GOVERNING YOUR OVERTIME SERVICE AS COOK. WHICH WAS CONSIDERED IN OUR SETTLEMENT LETTER OF JUNE 29. 4 ARE FURNISHED BELOW. MALE OR FEMALE INCUMBENTS ON COOKING POSITIONS ARE REQUIRED TO COMPLY WITH INSTRUCTIONS RELATED TO THE POSITION AND MUST BE CAPABLE OF FULFILLING THE JOB'S DUTIES AND RESPONSIBILITIES FOR THE SAME PAY. THE RATE OF PAY AND HELP AFFORDED COOKS IS DETERMINED BY THE NUMBER OF BOARDERS SERVED. FELTS' RECORDS WERE NOT RETAINED BY THE RAILROAD BUT WERE RETURNED TO HIM ON MARCH 24. 1958 (WHILE HE WAS ON LEAVE DECEMBER 2. (THE LETTER AND PAYROLL ARE PART OF THE ENCLOSURES BEING RETURNED HEREWITH.).

B-147481, MAR. 13, 1962

TO MR. WILLIAM F. FELTS:

YOUR LETTERS OF OCTOBER 12, 1961, REQUESTED RECONSIDERATION OF OUR SETTLEMENT DATED JUNE 29, 1961, WHICH, FOR THE REASONS STATED THEREIN, DISALLOWED YOUR CLAIM FOR OVERTIME PAY FOR CERTAIN HOURS YOU SAY YOU WORKED IN EXCESS OF 40 HOURS PER WEEK AND FOR WHICH YOU WERE NOT PAID UNDER THE RULES GOVERNING YOUR OVERTIME SERVICE AS COOK, EXTRA GANG 4, IN THE EMPLOY OF THE ALASKA RAILROAD.

AS YOUR LETTERS POINT OUT, THE SPECIFIC PAY TRANSCRIPT DISCUSSED IN THE SECOND PARAGRAPH OF OUR SETTLEMENT DID NOT COVER YOUR WHOLE SERVICE RECORD. THEREFORE, WE REQUESTED THE DEPARTMENT OF THE INTERIOR TO REVIEW PARTICULARLY THE SEVERAL POINTS (NUMBERED BY US) IN YOUR LETTER WHICH HAD NOT BEEN CLARIFIED IN THEIR PRIOR REPORT OF MAY 22, 1961, WHICH WAS CONSIDERED IN OUR SETTLEMENT LETTER OF JUNE 29, 1961. ON THE MATERIAL POINTS YOU RAISED, THE ADMINISTRATIVE ASSISTANT SECRETARY OF THE INTERIOR, REPORTED TO US ON MARCH 6, 1962, AS FOLLOWS:

"OUR COMMENTS RELATING TO THE STATEMENTS CONTAINED IN MR. FELTS' LETTER OF OCTOBER 12, 1961, NUMBERED 1, 2, 3, AND 4 ARE FURNISHED BELOW.

"STATEMENT NUMBER 1. MALE OR FEMALE INCUMBENTS ON COOKING POSITIONS ARE REQUIRED TO COMPLY WITH INSTRUCTIONS RELATED TO THE POSITION AND MUST BE CAPABLE OF FULFILLING THE JOB'S DUTIES AND RESPONSIBILITIES FOR THE SAME PAY. THE RATE OF PAY AND HELP AFFORDED COOKS IS DETERMINED BY THE NUMBER OF BOARDERS SERVED, WITHOUT DISCRIMINATION.

"STATEMENT NUMBER 2. THE PRESENTATION TO THE UNITED STATES GENERAL ACCOUNTING OFFICE BY THE GENERAL MANAGER OF THE ALASKA RAILROAD ON MAY 22, 1961, INCLUDED A "CERTIFIED TRUE COPY OF PAYROLL RECORDS OF WILLIAM F. FELTS, ID NO. 42129, THE ALASKA RAILROAD, CONSISTING OF FIVE (5) PAGES FOR THE PERIOD AUGUST 14, 1955 TO NOVEMBER 29, 1958.' THIS SHOWS, IN DETAIL, THE OVERTIME PAID PER PAY PERIOD. MR. FELTS' RECORDS WERE NOT RETAINED BY THE RAILROAD BUT WERE RETURNED TO HIM ON MARCH 24, 1958 (WHILE HE WAS ON LEAVE DECEMBER 2, 1957 TO APRIL 15, 1958), C/0 OTIS G. FELTS, 8216 NORTHWEST 5TH STREET, MIAMI, FLORIDA. (THE LETTER AND PAYROLL ARE PART OF THE ENCLOSURES BEING RETURNED HEREWITH.)

"STATEMENT NUMBER 3. THE FACT-FINDING INVESTIGATION HELD FOR MR. FELTS ON DECEMBER 6, 1957 WAS INSTIGATED BY SIMILAR REQUESTS "TO SHOW SOMEONE WITH AUTHORITY MY RECORDS AND EXPLAIN MY IM.' MR. FELTS HAD THE OPTION TO PRESENT WITNESSES AND OFFER TESTIMONY AND FACTS IN HIS BEHALF. HE WAS AT LIBERTY TO SELECT A REPRESENTATIVE OR PRESENT HIS OWN CASE.

"THE HOTEL AND CULINARY WORKERS AGREEMENT BETWEEN THE ALASKA RAILROAD AND THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES WAS NEGOTIATED BY TRALL PRICE, JR., NATIONAL DIRECTOR OF ORGANIZATION FOR THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, WASHINGTON, D.C. ASSISTING MR. PRICE WAS ALBERT N. HENRY, A COOK ON THE ALASKA RAILROAD AND LOCAL CHAIRMAN OF THE CULINARY COMMITTEE FOR THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. MR. HENRY AND MR. PRICE SIGNED THE CONTRACT FOR THE EMPLOYEES AS EFFECTIVE JANUARY 28, 1954. SUPPLEMENTS TO THE AGREEMENT WERE NEGOTIATED ON BEHALF OF THE EMPLOYEES BY MR. HOWARD FREESE, WHO WAS AN OBSERVER AT THE INVESTIGATION FOR MR. FELTS.

"MUTUAL AGREEMENT BETWEEN EMPLOYEES REPRESENTATIVES AND THE RAILROAD MAY CHANGE ANY PART OF EXISTING CONTRACTS. THE ALASKA RAILROAD NEGOTIATES FOR WAGES, RULES AND GRIEVANCE APPEALS WITH EIGHT LABOR ORGANIZATIONS WHO ARE REPRESENTED BY RAILROAD EMPLOYEES.

"THE THERMOFAX RECORDS REFERRED TO IN MR. FELTS' LETTER (ITEM NUMBER 3) ARE PRESUMED TO BE THE DAILY MENUS. THIS WORK COMPRISES MR. FELTS-, AS WELL AS ALL OTHER COOKS-, ASSIGNMENTS. WITH PROPER PLANNING THE WORK IS ACCOMPLISHED WITHIN THE PRESCRIBED HOURS.

"STATEMENT NUMBER 4: ENCLOSED IN DUPLICATE IS A CERTIFIED TRUE COPY OF THE PAYROLL RECORDS OF WILLIAM F. FELTS FOR ALL OTHER PERIODS OF EMPLOYMENT. THESE RECORDS INDICATED OVERTIME BEING PAID, PREDICATED ON THE NEED AND WHETHER OFFICIALLY ORDERED AND APPROVED. THE RETENTION PERIOD FOR THESE RECORDS HAS ELAPSED AND THE TRUE CAUSE OF PAYMENT IS NOT KNOWN. THE OVERTIME PAYMENTS HAD BEEN APPROVED AND PAID WHILE EMPLOYED AS EXTRA GANG COOK, BRIDGE AND BUILDING GANG COOK, AND AS COOK IN ONE OF THE RAILROAD'S MESS HALLS OR HOTELS.'

IN THE LIGHT OF THE ABOVE-QUOTED REPORT, AND OF THE OTHER FACTS OF RECORD IN YOUR CASE, WE CAN ONLY CONCLUDE, AS STATED IN THE SETTLEMENT LETTER OF JUNE 29, 1961, THAT YOUR CLAIMS HAVE NOW RECEIVED FULL CONSIDERATION UNDER THE EMPLOYMENT RULES APPLICABLE TO YOU, THAT YOUR LETTERS HAVE FURNISHED INSUFFICIENT FACTUAL PROOF OF YOUR SPECIFIC CLAIMS. FURTHER, AS STATED IN THE SETTLEMENT OUR OFFICE HAS CONSISTENTLY APPLIED IN CASES SUCH AS YOURS, THE ESTABLISHED RULE OF THE COURTS THAT THE ADMINISTRATIVE RECORD AND FACTS REVEALED THEREIN ARE TO BE REGARDED AS CORRECT IN THE ABSENCE OF EVIDENCE SUFFICIENTLY CONVINCING TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS OF THE ADMINISTRATIVE RECORD.

THEREFORE, BASED UPON THE RECORD BEFORE US, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE ..END :