B-147750, JAN. 18, 1962

B-147750: Jan 18, 1962

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YOU SAY THAT THE EMPLOYEES WERE APPOINTED UNDER CIVIL SERVICE REGULATION 2.302 AS MAIL AND FILE CLERKS. THE TOTAL WORK HOURS THEREUNDER WAS NOT TO EXCEED 700 HOURS FOR EACH EMPLOYEE CONCERNED. THROUGH ADMINISTRATIVE OVERSIGHT THE MAXIMUM NUMBER OF HOURS TO BE WORKED UNDER THE APPOINTMENT WAS EXCEEDED BY THE FOUR EMPLOYEES DURING THE PAY PERIOD THAT ENDED DECEMBER 10. THE SALARY CHECKS FOR THE PAY PERIOD WERE PREPARED FOR THE TOTAL HOURS WORKED. THE FACT THAT THE MAXIMUM NUMBER OF HOURS TO BE WORKED HAD BEEN EXCEEDED WAS DISCOVERED PRIOR TO THE RELEASE OF THE CHECKS. THE CHECKS WERE RELEASED IN ANTICIPATION OF FAVORABLE PERSONNEL ACTION. THOSE ACTIONS WERE NOT EFFECTIVE UNTIL DECEMBER 19 AND 25.

B-147750, JAN. 18, 1962

TO MISS LUCY M. LACATENA, BUREAU OF LABOR-MANAGEMENT REPORTS, DEPARTMENT OF LABOR:

ON DECEMBER 6, 1961, YOU REQUESTED OUR DECISION WHETHER A VOUCHER FOR $215.84 REPRESENTING SALARY AND EMPLOYER FICA CONTRIBUTIONS FOR FOUR EMPLOYEES FOR THE PAY PERIOD DECEMBER 11 TO 24, 1960, MAY BE CERTIFIED FOR PAYMENT.

YOU SAY THAT THE EMPLOYEES WERE APPOINTED UNDER CIVIL SERVICE REGULATION 2.302 AS MAIL AND FILE CLERKS, GS-305-2, $1.69 PER HOUR WHEN-ACTUALLY- EMPLOYED ($3,500 PER ANNUM) IN THE BUREAU OF LABOR MANAGEMENT REPORTS, DEPARTMENT OF LABOR, WASHINGTON, D.C. THEY ENTERED ON DUTY ON MAY 23 AND 31, 1960, WITH TEMPORARY APPOINTMENTS NOT TO EXCEED ONE YEAR. THE TOTAL WORK HOURS THEREUNDER WAS NOT TO EXCEED 700 HOURS FOR EACH EMPLOYEE CONCERNED. ON SEPTEMBER 27, 1960, THE CIVIL SERVICE COMMISSION GRANTED THE DEPARTMENT AUTHORITY TO EXTEND THE TEMPORARY LIMITED APPOINTMENT FOR 60 DAYS. THROUGH ADMINISTRATIVE OVERSIGHT THE MAXIMUM NUMBER OF HOURS TO BE WORKED UNDER THE APPOINTMENT WAS EXCEEDED BY THE FOUR EMPLOYEES DURING THE PAY PERIOD THAT ENDED DECEMBER 10, 1960. THE SALARY CHECKS FOR THE PAY PERIOD WERE PREPARED FOR THE TOTAL HOURS WORKED, INCLUDING THE EXCESS HOURS WORKED. THE FACT THAT THE MAXIMUM NUMBER OF HOURS TO BE WORKED HAD BEEN EXCEEDED WAS DISCOVERED PRIOR TO THE RELEASE OF THE CHECKS. THE CHECKS WERE RELEASED IN ANTICIPATION OF FAVORABLE PERSONNEL ACTION, I.E., EXTENTION OF THE APPOINTMENTS.

FAVORABLE PERSONNEL ACTION RESULTED IN ONLY TWO OF THE CASES CONCERNED IN THE FORM OF CONVERSION TO CAREER-CONDITIONAL APPOINTMENTS. HOWEVER, THOSE ACTIONS WERE NOT EFFECTIVE UNTIL DECEMBER 19 AND 25, 1960, WHICH DATES WERE AFTER THE DATE OF THE EXPIRATION OF THEIR RESPECTIVE APPOINTMENTS.

YOU POINT OUT THAT THE SF-50-NOTIFICATION OF PERSONNEL ACTION, A COPY OF WHICH IS FURNISHED THE EMPLOYEES, CONTAINS THE NOTATION"EXTENDS TOTAL WORK OF 700 HOURS AUTHORIZED ON INITIAL APPOINTMENT BY 340 ADDITIONAL HOURS.'

WHILE THE CIVIL SERVICE COMMISSION HAD GRANTED THE AUTHORITY TO EXTEND THE APPOINTMENTS IN SEPTEMBER 1960, THE RECORD DOES NOT SHOW THAT ANY SIMILAR EXTENSION OF THE APPOINTMENTS HAD BEEN REQUESTED BY THE DEPARTMENT OF LABOR IN DECEMBER 1960. NO APPROVAL BY THE COMMISSION HAS BEEN OBTAINED COVERING THE PERIOD OF EXCESS SERVICES. THE EMPLOYEES WERE ON NOTICE OF THE LIMITATION OF HOURS OF WORK PERMITTED BY THEIR APPOINTMENTS, BUT THE EVIDENCE PRESENTED DOES NOT ESTABLISH THAT THEY INQUIRED IN LATE NOVEMBER OR EARLY DECEMBER TO ASCERTAIN WHETHER THE TIME ALLOWABLE WAS ABOUT TO BE EXHAUSTED. WE FIND NOTHING OF RECORD SUGGESTING THAT THE EXCESS SERVICES WERE REQUESTED BY AN OFFICER WHOM THE EMPLOYEES HAD A RIGHT TO BELIEVE HAD THE AUTHORITY TO APPROVE EXTENSIONS OF THE APPOINTMENTS. THEREFORE, ON THE PRESENT RECORD, THE VOUCHER, WHICH IS RETURNED, MAY NOT BE CERTIFIED FOR PAYMENT.

THE AMOUNTS ALREADY PAID TO THE EMPLOYEES NEED NOT BE RECOVERED. SEE 28 COMP. GEN. 514; B-139888, JULY 9, 1959.