B-155677, DEC. 14, 1964

B-155677: Dec 14, 1964

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SINCE YOUR PREVIOUS CLAIM FOR SUCH COMPENSATION WAS DISALLOWED BY OUR CLAIMS DIVISION SETTLEMENT DATED SEPTEMBER 14. YOUR PRESENT APPLICATION WILL BE TREATED AS A REQUEST FOR REVIEW OF THAT ACTION. IN YOUR PRESENT CLAIM YOU SAY YOU WERE REQUIRED TO REPORT FOR DUTY 15 MINUTES PRIOR TO THE BEGINNING OF EACH REGULAR 8 HOUR SHIFT AND REQUEST PAYMENT THEREFOR AT OVERTIME RATES. IN THE CITED CASES THE PETITIONERS WERE AWARDED OVERTIME COMPENSATION FOR 15 MINUTES DAILY BECAUSE THEY WERE REQUIRED BY AN AGENCY REGULATION TO REPORT 15 MINUTES BEFORE THEIR TOURS OF DUTY BEGAN. GOVERNMENT TRANSPORTATION LEAVING THE POLICE STATION 15 MINUTES PRIOR TO THE START OF THE SHIFT WAS FURNISHED BUT THE USE THEREOF WAS NOT MANDATORY.

B-155677, DEC. 14, 1964

TO MR. OLIVER A. GUILMET:

THIS REFERS TO YOUR COMMUNICATION OF SEPTEMBER 17, 1963 (RETURNED HERE FROM U.S. NAVY FINANCE CENTER, OCTOBER 27, 1964), IN WHICH YOU ASSERT CLAIM FOR OVERTIME COMPENSATION INCIDENT TO YOUR EMPLOYMENT AT THE U.S. NAVAL AIR STATION, NORTH ISLAND, SAN DIEGO, CALIFORNIA, DURING THE PERIOD MAY 5, 1956 TO FEBRUARY 10, 1957. SINCE YOUR PREVIOUS CLAIM FOR SUCH COMPENSATION WAS DISALLOWED BY OUR CLAIMS DIVISION SETTLEMENT DATED SEPTEMBER 14, 1961, YOUR PRESENT APPLICATION WILL BE TREATED AS A REQUEST FOR REVIEW OF THAT ACTION.

IT APPEARS THAT YOU RECEIVED A CAREER CONDITIONAL APPOINTMENT AS GUARD, GRADE GS-3, EFFECTIVE MAY 2, 1956, AND SERVED AT THE ABOVE NAMED INSTALLATION THROUGH FEBRUARY 9, 1957. IN YOUR EARLIER CLAIM YOU STATED YOU HAD TO REPORT FOR WORK 30 MINUTES AHEAD OF YOUR SCHEDULED WORK TIME EACH DAY. IN YOUR PRESENT CLAIM YOU SAY YOU WERE REQUIRED TO REPORT FOR DUTY 15 MINUTES PRIOR TO THE BEGINNING OF EACH REGULAR 8 HOUR SHIFT AND REQUEST PAYMENT THEREFOR AT OVERTIME RATES. IN SUPPORT OF YOUR CONTENTIONS YOU REFER TO THE CASE OF MACK H. ALBRIGHT ET AL. V. UNITED STATES, CT.CL. NO/263-61, AND THE CASE OF ROBERT B. BAKER ET AL. V. UNITED STATES, CT.CL. NO. 323-61 (CONSOLIDATED FOR THE PURPOSE OF JUDGMENT), DECIDED APRIL 5, 1963.

IN THE CITED CASES THE PETITIONERS WERE AWARDED OVERTIME COMPENSATION FOR 15 MINUTES DAILY BECAUSE THEY WERE REQUIRED BY AN AGENCY REGULATION TO REPORT 15 MINUTES BEFORE THEIR TOURS OF DUTY BEGAN. SUCH CONDITIONS DID NOT PREVAIL IN YOUR CASE. IT HAS BEEN ADMINISTRATIVELY REPORTED THAT AT THE TIME AND PLACE OF YOUR EMPLOYMENT THE AGENCY INSTRUCTIONS REQUIRED CIVILIAN GUARD PERSONNEL TO BE AT THE ASSIGNED POST OR PLACE OF DUTY READY TO ASSUME THEIR DUTIES AT THE SPECIFIED TIME. GOVERNMENT TRANSPORTATION LEAVING THE POLICE STATION 15 MINUTES PRIOR TO THE START OF THE SHIFT WAS FURNISHED BUT THE USE THEREOF WAS NOT MANDATORY. IT WAS THE RESPONSIBILITY OF THE EMPLOYEE TO BE AT HIS POST OF DUTY AT THE BEGINNING OF HIS SHIFT. THUS, IT APPEARS THAT IF IN FACT YOU DID REPORT 15 MINUTES BEFORE YOUR ACTUAL DUTY BEGAN IT WAS NOT IN COMPLIANCE WITH ANY REGULATION, INSTRUCTION, OR REQUIREMENT OF THE AGENCY, BUT THAT YOU DID SO IN ORDER TO AVAIL YOURSELF OF THE GOVERNMENT TRANSPORTATION TO YOUR POST OR PLACE OF ASSIGNMENT.

THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 5 U.S.C. 911, AND THE IMPLEMENTING REGULATIONS, PROVIDE FOR PAYMENT OF OVERTIME WHEN ORDERED OR APPROVED BY AN OFFICER OR EMPLOYEE TO WHOM SUCH AUTHORITY HAS BEEN GRANTED. THE FACTS OF RECORD IN YOUR CASE DO NOT MEET SUCH REQUIREMENTS AND, THEREFORE, THE SETTLEMENT OF SEPTEMBER 14, 1961, IS SUSTAINED.