B-158475, JUL. 20, 1966

B-158475: Jul 20, 1966

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BULLARD: THIS IS IN REPLY TO YOUR LETTER OF MAY 24. WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF APRIL 22. WAS ALLOWED. IN SUPPORT OF YOUR CONTENTION THAT YOU WERE REQUIRED TO REPORT 15 MINUTES IN ADVANCE OF THE SHIFT EACH MORNING AND TO REMAIN 15 MINUTES AFTER THE CONCLUSION OF THE 8 A.M. YOU SAY THAT COLONEL HUBER WHO WAS COMMANDING OFFICER FOR THE REMAINING PERIOD OF YOUR CLAIM FROM JANUARY 11. IS NOW DECEASED. YOU ALSO ENCLOSED A "SOP" (STANDARD OPERATING PROCEDURE) FOR SECURITY GUARDS AT CAMP PICKETT (PERIOD COVERED THEREBY NOT SHOWN) TO SUPPORT THE LETTERS OF YOUR TWO COMMANDING OFFICERS THAT YOU WERE REQUIRED TO WORK THE ONE- HALF HOUR OVERTIME DAILY DURING THEIR TENURES AND ALSO DURING THAT OF THE LATE COLONEL HUBER.

B-158475, JUL. 20, 1966

TO MR. GEORGE T. BULLARD:

THIS IS IN REPLY TO YOUR LETTER OF MAY 24, 1966, WHEREIN YOU REQUEST RECONSIDERATION OF THAT PORTION OF YOUR CLAIM FOR PAY FOR ONE-HALF HOUR OVERTIME EACH DAY AS CHIEF GUARD SUPERVISOR AT CAMP PICKETT, VIRGINIA, COVERING CERTAIN PERIODS BETWEEN MAY 20, 1955, AND JUNE 30, 1959, WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF APRIL 22, 1966, ON THE BASIS OF LACK OF EVIDENCE IN SUPPORT THEREOF. OVERTIME COMPENSATION COVERING THE PERIOD FROM MARCH 1, 1956, TO DECEMBER 13, 1956, WAS ALLOWED.

YOU NOW SUBMIT LETTERS FROM TWO FORMER COMMANDING OFFICERS, COLONEL ROLLINS, COMMANDING OFFICER FROM AUGUST 26, 1954, TO FEBRUARY 29, 1956, AND COLONEL HEARN, COMMANDING OFFICER FROM DECEMBER 14, 1956, TO JANUARY 10, 1958, IN SUPPORT OF YOUR CONTENTION THAT YOU WERE REQUIRED TO REPORT 15 MINUTES IN ADVANCE OF THE SHIFT EACH MORNING AND TO REMAIN 15 MINUTES AFTER THE CONCLUSION OF THE 8 A.M. TO 4 P.M. SHIFT EACH EVENING. YOU SAY THAT COLONEL HUBER WHO WAS COMMANDING OFFICER FOR THE REMAINING PERIOD OF YOUR CLAIM FROM JANUARY 11, 1958, TO JUNE 30, 1959, IS NOW DECEASED. YOU ALSO ENCLOSED A "SOP" (STANDARD OPERATING PROCEDURE) FOR SECURITY GUARDS AT CAMP PICKETT (PERIOD COVERED THEREBY NOT SHOWN) TO SUPPORT THE LETTERS OF YOUR TWO COMMANDING OFFICERS THAT YOU WERE REQUIRED TO WORK THE ONE- HALF HOUR OVERTIME DAILY DURING THEIR TENURES AND ALSO DURING THAT OF THE LATE COLONEL HUBER.

INITIALLY IT IS NOTED THAT NEITHER COLONEL ROLLINS NOR COLONEL HEARN INDICATES IN HIS LETTER THAT YOU WERE DIRECTED TO WORK OVERTIME OR THAT THE SERVICE WAS CONSIDERED AS OVERTIME AND SUBSEQUENTLY APPROVED. IN FACT COLONEL HEARN IN HIS LETTER OF APRIL 24, 1966, STATES THAT YOUR DUTY HOURS WERE 0800 TO 1600 MONDAY THROUGH FRIDAY AND THAT YOU REPORTED AT 0745 AND DEPARTED AT 1615 SO AS TO INSURE A HIGH STANDARD OF APPEARANCE AND PERFORMANCE OF DUTY BY THE GUARD FORCE.

PARAGRAPH VIII, ENTITLED "DUTY HOURS," OF STANDARD OPERATING PROCEDURE (SOP), UNDATED, FOR THE SECURITY SECTION AT CAMP PICKETT, PROVIDES IN SUBPARAGRAPH F AS FOLLOWS:

"F. SIGN IN AND SIGN OUT: 1. WHERE IT IS NECESSARY FOR CIVILIAN GUARDS TO REPORT AT A CENTRAL LOCATION TO CHECK IN, RECEIVE INSTRUCTIONS, UNDERGO INSPECTION, AND THEN PROCEED TO HIS RESPECTIVE POST OF DUTY, THE DAILY TOUR OF DUTY IS CONSIDERED TO BEGIN AT THE TIME HE IS REQUIRED TO CHECK IN. SIMILARLY, WHERE PERSONNEL ARE REQUIRED TO CHECK OUT AT A CERTAIN LOCATION (SECURITY HEADQUARTERS) THE DAILY TOUR WILL END AT THAT TIME. GENERALLY, SUCH DUTIES WILL NOT REQUIRE MORE THAN 1/2 HOUR EACH DAY. (REFERENCE SECTION II, 2-8, CPR H2.2).'

UNDER THIS PROVISION A GUARD REQUIRED TO CHECK IN EARLY OR TO CHECK OUT LATE WAS IN A DUTY STATUS FROM THE TIME OF CHECKING IN TILL CHECK OUT. HOWEVER, IT DID NOT REQUIRE ALL GUARDS TO REPORT EARLY AND CHECK OUT LATE BUT IN THE EVENT IT WAS NECESSARY THAT THEY DO SO THE TIME WAS REGARDED AS PART OF THE TOUR OF DUTY. NEITHER OF YOUR COMMANDING OFFICERS, COLONEL ROLLINS OR COLONEL HEARN, INDICATE IN THEIR LETTERS THAT THEY REQUIRED YOU TO PERFORM DUTY IN EXCESS OF YOUR NORMAL TOUR OF DUTY OF EIGHT HOURS PER DAY.

AS WE SAID IN B-150338, MAY 23, 1966, CITING BILELLO ET AL. V. UNITED STATES, CT.CL. NO. -63,"* * * WE MUST CONCLUDE THAT THE MERE EXISTENCE OF THE PRACTICE IS NOT TANTAMOUNT TO EXPRESS OR IMPLIED DIRECTION BY AN AUTHORIZED OFFICER TO WORK OVERTIME.'

ON THE BASIS OF THE FOREGOING IT CANNOT BE CONCLUDED THAT THE PAYMENT OF ONE-HALF HOUR OVERTIME COMPENSATION FOR YOUR EARLY REPORTING IN AND LATE REPORTING OUT UPON COMPLETION OF YOUR REGULAR SHIFT FOR THE PERIODS IN QUESTION WAS DIRECTED EITHER EXPRESSLY OR IMPLIEDLY. ACCORDINGLY, THE DISALLOWANCE OF THAT PORTION OF YOUR CLAIM PREVIOUSLY REFERRED TO MUST BE SUSTAINED.