B-155391, NOV. 4, 1964

B-155391: Nov 4, 1964

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WHILE YOU WERE EMPLOYED AS A CIVILIAN GUARD BY THE DEPARTMENT OF THE NAVY AT THE NAVAL WEAPONS STATION. YOU SAY THAT DURING YOUR EMPLOYMENT AT THAT INSTALLATION YOU WERE REQUIRED TO REPORT FOR WORK AT 6:30 A.M. THAT YOU WERE NOT RELIEVED UNTIL 3 P.M. YOU HAVE FURNISHED A COPY OF A MEMORANDUM ADDRESSED TO YOU FROM THE CIVILIAN GUARD CHIEF WHICH CORROBORATES THE FACT THAT YOU WERE REQUIRED TO REPORT FOR WORK AT 6:30 A.M. YOU ASK OVERTIME COMPENSATION FOR 1/2 HOUR EACH DAY IN VIEW OF THE FACT THAT YOUR DAILY TOUR OF DUTY WAS 8 1/2 HOURS. SAID: "PLAINTIFFS' PRINCIPAL CONTENTION IS THAT SINCE THEY WERE ON A DUTY STATUS FOR 8 1/2 HOURS PER SHIFT (E.G. WERE ONLY PAID FOR 8 HOURS. THEY WERE ENTITLED TO 1/2 HOUR ADDITIONAL COMPENSATION.

B-155391, NOV. 4, 1964

TO MR. LOUIS BROWN:

WE REFER TO YOUR LETTER OF OCTOBER 6, 1964, BY WHICH YOU REQUEST REVIEW OF THAT PART OF OUR SETTLEMENT OF SEPTEMBER 16, 1964, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL OVERTIME COMPENSATION FOR EARLY REPORTING DURING THE PERIOD JULY 26, 1951, TO FEBRUARY 25, 1962, WHILE YOU WERE EMPLOYED AS A CIVILIAN GUARD BY THE DEPARTMENT OF THE NAVY AT THE NAVAL WEAPONS STATION, SEAL BEACH, CALIFORNIA.

YOU SAY THAT DURING YOUR EMPLOYMENT AT THAT INSTALLATION YOU WERE REQUIRED TO REPORT FOR WORK AT 6:30 A.M. AND THAT YOU WERE NOT RELIEVED UNTIL 3 P.M., AND YOU HAVE FURNISHED A COPY OF A MEMORANDUM ADDRESSED TO YOU FROM THE CIVILIAN GUARD CHIEF WHICH CORROBORATES THE FACT THAT YOU WERE REQUIRED TO REPORT FOR WORK AT 6:30 A.M. YOU ASK OVERTIME COMPENSATION FOR 1/2 HOUR EACH DAY IN VIEW OF THE FACT THAT YOUR DAILY TOUR OF DUTY WAS 8 1/2 HOURS.

THE DEPARTMENT OF THE NAVY HAS REPORTED TO US THAT THE WORK SCHEDULE FOR GUARDS AT THE NAVAL WEAPONS STATION, SEAL BEACH, CONSISTED OF AN 8-1/2 HOUR TOUR INCLUDING A 1/2 HOUR FREE LUNCH BREAK. THE COURT OF CLAIMS IN BANTON V. UNITED STATES, CT.CL. NO. 481-61, DECIDED MARCH 13, 1964, SAID:

"PLAINTIFFS' PRINCIPAL CONTENTION IS THAT SINCE THEY WERE ON A DUTY STATUS FOR 8 1/2 HOURS PER SHIFT (E.G., FROM 7:30 A.M. TO 4:00 P.M.) AND WERE ONLY PAID FOR 8 HOURS, THEY WERE ENTITLED TO 1/2 HOUR ADDITIONAL COMPENSATION, NOTWITHSTANDING THAT THIS TIME WAS SET APART FOR LUNCH. THE BASIS FOR THE CONTENTION IS THAT THE LUNCH PERIOD WAS NOT "FREE TIME" SINCE THE POLICEMEN WERE SUBJECT TO CALL BACK TO DUTY IN CASE OF EMERGENCY. THE DIFFICULTY WITH THE ARGUMENT IS THAT AN EMPLOYEE IS NOT ENTITLED UNDER THE FEDERAL EMPLOYEES PAY ACT TO COMPENSATION FOR TIME SET ASIDE FOR EATING, EVEN WHERE THE EMPLOYEE IS ON A DUTY STATUS AND SUCH TIME IS, THEREFORE, SUBJECT TO POSSIBLE INTERRUPTION. COMPENSATION IS AVAILABLE ONLY IF IT IS SHOWN THAT SUBSTANTIAL OFFICIAL DUTIES WERE PERFORMED DURING THAT PERIOD. * * *"

SINCE IT HAS BEEN REPORTED THAT YOU WERE GIVEN A 1/2 HOUR PERIOD FOR EATING FREE FROM DUTY DURING YOUR 8 1/2 HOUR TOUR OF DUTY AT THE NAVAL WEAPONS STATION, SEAL BEACH, IT IS APPARENT THAT YOU WERE REQUIRED TO WORK ONLY 8 HOURS DURING EACH NORMAL WORKDAY AND THUS YOU ARE NOT ENTITLED TO ADDITIONAL OVERTIME COMPENSATION BY REASON OF EARLY REPORTING DURING YOUR EMPLOYMENT THERE.

UPON REVIEW, THAT PART OF OUR SETTLEMENT OF SEPTEMBER 16, 1964, DISALLOWING YOUR CLAIM FOR OVERTIME DURING THE PERIOD JULY 26, 1961, TO FEBRUARY 25, 1962, IS SUSTAINED.