B-160472, JAN. 5, 1967

B-160472: Jan 5, 1967

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YOU SAY THATA WRITTEN SCHEDULE WAS POSTED ON MONDAY PRECEDING THE DAYS FOR WHICH OVERTIME IS CLAIMED (FEBRUARY 18. THE INFORMATION OFFICIALLY REPORTED HERE BY THE IMMIGRATION AND NATURALIZATION SERVICE IS TO THE EFFECT THAT THE OVERTIME PERFORMED BY YOU ON SUCH DAYS WAS UNSCHEDULED AND UNCONTROLLABLE AND THAT YOU RECEIVED PREMIUM COMPENSATION ON AN ANNUAL BASIS DURING THE PERIOD COVERED BY THIS PART OF YOUR CLAIM. WHILE YOU STATE THAT THE OVERTIME IN QUESTION WAS REGULARLY SCHEDULED IN ADVANCE. YOU HAVE FURNISHED NO EVIDENCE OTHER THAN YOUR OWN UNSUPPORTED STATEMENT CONCERNING SUCH FACT. WE WILL GIVE FURTHER CONSIDERATION TO THIS PART OF YOUR CLAIM. FOR IRREGULAR UNSCHEDULED OVERTIME WORK IS IN LIEU OF ALL OTHER PREMIUM COMPENSATION EXCEPT THAT PAYABLE FOR REGULARLY SCHEDULED OVERTIME DUTY.

B-160472, JAN. 5, 1967

TO MR. GEORGE O. WINKLER:

WE REFER TO YOUR LETTER OF NOVEMBER 14, 1966, REQUESTING REVIEW OF OFFICE SETTLEMENT OF OCTOBER 11, 1966, WHICH DISALLOWED YOUR CLAIM FOR OVERTIME COMPENSATION FOR FEBRUARY 18, 19, 20 AND 22, 1961; TOGETHER WITH YOUR CLAIM FOR OVERTIME INCIDENT TO OFFICIAL TRAVEL PERFORMED BETWEEN CLEVELAND, OHIO, AND MONTGOMERY, ALABAMA, ON MAY 22, 23, 26 AND 27, 1961, AND HOLIDAY PAY FOR JANUARY 1, 1965.

CONCERNING THE OVERTIME CLAIMED DURING FEBRUARY 1961, YOU SAY THATA WRITTEN SCHEDULE WAS POSTED ON MONDAY PRECEDING THE DAYS FOR WHICH OVERTIME IS CLAIMED (FEBRUARY 18, 19, 20 AND 22) SHOWING THAT YOU HAD BEEN DESIGNATED TO WORK ON SUCH DAYS. ON THE OTHER HAND, THE INFORMATION OFFICIALLY REPORTED HERE BY THE IMMIGRATION AND NATURALIZATION SERVICE IS TO THE EFFECT THAT THE OVERTIME PERFORMED BY YOU ON SUCH DAYS WAS UNSCHEDULED AND UNCONTROLLABLE AND THAT YOU RECEIVED PREMIUM COMPENSATION ON AN ANNUAL BASIS DURING THE PERIOD COVERED BY THIS PART OF YOUR CLAIM.

IN THE ABSENCE OF SUBMISSION HERE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS OF THE OFFICIAL REPORT TRANSMITTED HERE BY THE IMMIGRATION AND NATURALIZATION SERVICE WE WOULD NOT BE WARRANTED IN QUESTIONING THE FACTS CONTAINED IN SUCH REPORT. WHILE YOU STATE THAT THE OVERTIME IN QUESTION WAS REGULARLY SCHEDULED IN ADVANCE, YOU HAVE FURNISHED NO EVIDENCE OTHER THAN YOUR OWN UNSUPPORTED STATEMENT CONCERNING SUCH FACT. SHOULD YOU CARE TO FURNISH ADDITIONAL EVIDENCE, SUCH AS A COPY OF THE POSTED SCHEDULE; AFFIDAVITS OF FELLOW WORKERS WHO SAW THE POSTED SCHEDULE, ETC., WE WILL GIVE FURTHER CONSIDERATION TO THIS PART OF YOUR CLAIM.

CONCERNING YOUR CLAIM FOR HOLIDAY PREMIUM PAY ON JANUARY 1, 1965, THE ANNUAL PREMIUM PAY YOU RECEIVED UNDER SECTION 401 (2) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 5 U.S.C. 926 (2) (1964 ED.), FOR IRREGULAR UNSCHEDULED OVERTIME WORK IS IN LIEU OF ALL OTHER PREMIUM COMPENSATION EXCEPT THAT PAYABLE FOR REGULARLY SCHEDULED OVERTIME DUTY. THUS, THE FACT THAT YOU RECEIVED ANNUAL PREMIUM PAY UNDER THE AUTHORITY OF SAID SECTION 401 (2) WOULD PRECLUDE PAYMENT TO YOU OF HOLIDAY PREMIUM PAY FOR WORK PERFORMED ON JANUARY 1. SEE DECISION OF MARCH 28, 1961, B- 145178, COPY ATTACHED.

IN VIEW OF YOUR HASTILY ORDERED DEPARTURE BY GOVERNMENT VEHICLE FROM CLEVELAND, OHIO, FOR MONTGOMERY, ALABAMA, AND THE NECESSITY OF YOUR DRIVING "STRAIGHT THROUGH" WITHOUT STOPPING OVERNIGHT, CLEARLY INDICATES THAT SUCH TRAVEL AND DUTY--- PERFORMED ON MAY 22, 23, 26 AND 27, 1961--- MAY NOT BE REGARDED AS REGULARLY SCHEDULED OVERTIME. IT FOLLOWS THAT THE ANNUAL PREMIUM COMPENSATION WHICH WE UNDERSTAND YOU RECEIVED DURING THE PERIOD COVERED BY SUCH TRAVEL, PLUS TWO HOURS REGULAR OVERTIME WHILE ON TEMPORARY DUTY AT MONTGOMERY ON MAY 23, PRECLUDES THE PAYMENT TO YOU OF ANY ADDITIONAL OVERTIME INCIDENT TO SUCH TRAVEL AND TEMPORARY DUTY.

ACCORDINGLY, UPON REVIEW THE SETTLEMENT OF OCTOBER 11, 1966, IS SUSTAINED.