B-152807, DEC. 5, 1963

B-152807: Dec 5, 1963

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YOUR CLAIM WAS DISALLOWED BECAUSE THE RECORDS DID NOT ESTABLISH THAT SUCH OVERTIME WAS AUTHORIZED OR APPROVED BY PROPER ADMINISTRATIVE OFFICIALS. WE HAVE TAKEN INTO ACCOUNT THE STATEMENTS BY YOU AS WELL AS THE PAPERS WHICH HAVE BEEN FURNISHED IN SUPPORT OF YOUR CLAIM FOR OVERTIME. THE RECORD SHOWS THAT YOU HAD AT NUMEROUS TIMES CONTACTED YOUR IMMEDIATE SUPERIOR BY TELEPHONE TO OBTAIN FAVORABLE ADMINISTRATIVE ACTION IN THE MATTER BUT WERE UNSUCCESSFUL. WHILE THE MATERIAL SUBMITTED BY YOU IN SUPPORT OF YOUR CLAIM SHOWS THAT DIRECTIVES WERE ISSUED AFTER THE PERIOD OF YOUR CLAIM WHICH ESTABLISHED THE DEPARTMENT OF DEFENSE POLICY TO EXPEDITE TANKER LOADING AND DISCHARGE OPERATIONS THE ADMINISTRATIVE OFFICE HAS REPORTED THAT YOUR TIME AND ATTENDANCE REPORTS DID NOT REFLECT A CLAIM FOR OVERTIME WORKED AND THAT THERE IS NO RECORD OF APPROVAL OF THE OVERTIME ALLEGED TO HAVE BEEN WORKED BY YOU DURING THE PERIOD IN QUESTION.

B-152807, DEC. 5, 1963

TO MR. WILLIAM L. KENNEDY:

YOUR LETTER OF OCTOBER 21, 1963, IN EFFECT REQUESTS REVIEW OF OUR SETTLEMENT OF APRIL 22, 1963, WHICH DISALLOWED YOUR CLAIM OF $827.70 FOR 178 HOURS OF OVERTIME FOR THE PERIOD FEBRUARY 27, 1960, THROUGH DECEMBER 31, 1960, AS AN EMPLOYEE OF THE TUSLOG DETACHMENT 30 (USAFE), UNITED STATES AIR FORCE, APO 254, NEW YORK, NEW YORK.

YOUR CLAIM WAS DISALLOWED BECAUSE THE RECORDS DID NOT ESTABLISH THAT SUCH OVERTIME WAS AUTHORIZED OR APPROVED BY PROPER ADMINISTRATIVE OFFICIALS. WE HAVE TAKEN INTO ACCOUNT THE STATEMENTS BY YOU AS WELL AS THE PAPERS WHICH HAVE BEEN FURNISHED IN SUPPORT OF YOUR CLAIM FOR OVERTIME. THE CIVIL SERVICE REGULATIONS FOUND IN SECTION Z1-323 OF THE FEDERAL EMPLOYEES PAY REGULATIONS, SECTION 25.221, REQUIRE AS A CONDITION PRECEDENT TO THE PAYMENT OF OVERTIME THAT SUCH OVERTIME BE ORDERED OR APPROVED IN WRITING BY COMPETENT AUTHORITY.

THE CITED REGULATION READS IN PART AS FOLLOWS:

"* * * (A) ALL HOURS OF WORK OFFICIALLY ORDERED OR APPROVED IN EXCESS OF 40 HOURS IN ANY ADMINISTRATIVE WORKWEEK PERFORMED BY OFFICERS AND EMPLOYEES * * * SHALL BE CONSIDERED TO BE OVERTIME WORK AND * * * SHALL BE COMPENSATED AS PROVIDED * * *

"/B) NO OVERTIME IN EXCESS OF ANY THAT MAY BE INCLUDED IN THE REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK SHALL BE ORDERED OR APPROVED EXCEPT IN WRITING BY AN OFFICER OR EMPLOYEE TO WHOM SUCH AUTHORITY HAS BEEN SPECIFICALLY DELEGATED.'

THE RECORD SHOWS THAT YOU HAD AT NUMEROUS TIMES CONTACTED YOUR IMMEDIATE SUPERIOR BY TELEPHONE TO OBTAIN FAVORABLE ADMINISTRATIVE ACTION IN THE MATTER BUT WERE UNSUCCESSFUL. WHILE THE MATERIAL SUBMITTED BY YOU IN SUPPORT OF YOUR CLAIM SHOWS THAT DIRECTIVES WERE ISSUED AFTER THE PERIOD OF YOUR CLAIM WHICH ESTABLISHED THE DEPARTMENT OF DEFENSE POLICY TO EXPEDITE TANKER LOADING AND DISCHARGE OPERATIONS THE ADMINISTRATIVE OFFICE HAS REPORTED THAT YOUR TIME AND ATTENDANCE REPORTS DID NOT REFLECT A CLAIM FOR OVERTIME WORKED AND THAT THERE IS NO RECORD OF APPROVAL OF THE OVERTIME ALLEGED TO HAVE BEEN WORKED BY YOU DURING THE PERIOD IN QUESTION.

THEREFORE, SINCE YOU HAVE NOT FURNISHED CONCLUSIVE EVIDENCE THAT YOUR WERE SPECIFICALLY REQUESTED TO PERFORM OVERTIME SERVICE OR THAT YOU DID, IN FACT, PERFORM SUCH SERVICE, OUR ACTION OF APRIL 22, 1963, DISALLOWING YOUR CLAIM FOR OVERTIME COMPENSATION, MUST BE AND IS SUSTAINED.