B-160376, NOV. 21, 1966

B-160376: Nov 21, 1966

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THE RECORD SHOWS THAT YOU HAVE BEEN EMPLOYED AS A GUARD AT THE VETERANS ADMINISTRATION HOSPITAL IN FAYETTEVILLE. YOU HAVE BEEN REQUIRED TO REPORT TO WORK EACH DAY 15 MINUTES PRIOR TO THE START OF YOUR REGULARLY SCHEDULED TOUR OF DUTY. YOU SAY THAT SUCH OVERTIME IS REQUIRED BY REGULATIONS ISSUED BY THE GENERAL MANAGER OF BUILDINGS. THE EVIDENCE MUST SHOW THAT THE OVERTIME WORK PERFORMED BY YOU WAS EITHER AUTHORIZED OR APPROVED BY AN OFFICIAL OF YOUR ADMINISTRATIVE OFFICE AS REQUIRED BY SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. WE UNDERSTAND THAT YOU ARE EMPLOYED BY THE VETERANS ADMINISTRATION. COULD NOT HAVE THE EFFECT OF AUTHORIZING YOU TO PERFORM OVERTIME WORK FOR THE VETERANS ADMINISTRATION HOSPITAL UNLESS SUCH REGULATIONS WERE SPECIFICALLY MADE APPLICABLE TO YOU BY AN APPROPRIATE OFFICIAL OF YOUR ADMINISTRATIVE OFFICE.

B-160376, NOV. 21, 1966

TO MR. EARL W. ADAMS:

BY LETTERS DATED JUNE 23 AND OCTOBER 27, 1966, WITH ENCLOSURES, MR. J. F. GRINER, NATIONAL PRESIDENT OF THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, REQUESTED REVIEW OF OUR OFFICE SETTLEMENT OF MAY 18, 1966, WHICH DISALLOWED YOUR CLAIM FOR OVERTIME COMPENSATION AS AN EMPLOYEE OF THE VETERANS ADMINISTRATION.

THE RECORD SHOWS THAT YOU HAVE BEEN EMPLOYED AS A GUARD AT THE VETERANS ADMINISTRATION HOSPITAL IN FAYETTEVILLE, NORTH CAROLINA, SINCE MAY 14, 1961. YOU STATE THAT WHILE SO EMPLOYED, YOU HAVE BEEN REQUIRED TO REPORT TO WORK EACH DAY 15 MINUTES PRIOR TO THE START OF YOUR REGULARLY SCHEDULED TOUR OF DUTY. YOU SAY THAT SUCH OVERTIME IS REQUIRED BY REGULATIONS ISSUED BY THE GENERAL MANAGER OF BUILDINGS, NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR. A COPY OF SUCH REGULATIONS, ISSUED JULY 1, 1938, HAS BEEN FURNISHED US BY YOUR ADMINISTRATIVE OFFICE.

IN ORDER TO BE ENTITLED TO PAYMENT OF OVERTIME COMPENSATION, THE EVIDENCE MUST SHOW THAT THE OVERTIME WORK PERFORMED BY YOU WAS EITHER AUTHORIZED OR APPROVED BY AN OFFICIAL OF YOUR ADMINISTRATIVE OFFICE AS REQUIRED BY SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 5 U.S.C. 911 (NOW 5 U.S.C. 5542).

WE UNDERSTAND THAT YOU ARE EMPLOYED BY THE VETERANS ADMINISTRATION. THEREFORE, THE REGULATIONS ISSUED BY THE GENERAL MANAGER OF BUILDINGS, NATIONAL PARK SERVICE, COULD NOT HAVE THE EFFECT OF AUTHORIZING YOU TO PERFORM OVERTIME WORK FOR THE VETERANS ADMINISTRATION HOSPITAL UNLESS SUCH REGULATIONS WERE SPECIFICALLY MADE APPLICABLE TO YOU BY AN APPROPRIATE OFFICIAL OF YOUR ADMINISTRATIVE OFFICE. AS STATED IN OUR SETTLEMENT OF MAY 18, YOUR ADMINISTRATIVE OFFICE HAS REPORTED THAT THE REGULATIONS IN QUESTION WERE NOT ENDORSED BY THAT OFFICE AS BEING APPLICABLE TO GUARDS OF THE HOSPITAL NOR WERE ANY OTHER INSTRUCTIONS ISSUED REQUIRING GUARDS TO REPORT TO WORK 15 MINUTES EARLY EACH DAY.

SINCE THE EVIDENCE OF RECORD FAILS TO SHOW THAT YOU WERE OFFICIALLY ORDERED TO PERFORM OVERTIME WORK, THERE EXISTS NO BASIS TO ALLOW YOUR CLAIM.