B-160496, AUG. 1, 1968

B-160496: Aug 1, 1968

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R. GRANT: THIS IS IN REPLY TO YOUR LETTER OF MAY 20. THE PURPOSE OF THE AFFIDAVITS IS TO SUPPLY EVIDENCE OF EARLY REPORTING FOR PERIODS FOR WHICH NO TIME CARDS ARE AVAILABLE TO SHOW THE ACTUAL REPORTING TIME. THE CLAIMS WERE INITIALLY CONSIDERED IN OUR OFFICE SETTLEMENT DATED JULY 19. ESTEP'S CASE AND THAT OF THE OTHER GUARDS WAS LIMITED TO THE PERIOD JANUARY 7. FOR WHICH TIME CARDS TO SUPPORT THE CLAIMS WERE AVAILABLE. OVERTIME COMPENSATION FOR THE EARLIER PERIOD FOR WHICH TIME CARDS WERE NOT AVAILABLE WAS DENIED SINCE THE UNAVAILABILITY WAS DUE IN PART TO CLAIMANT'S WAITING UNTIL 1966 TO FILE HIS CLAIM. IN THE ABSENCE OF TIME AND ATTENDANCE REPORTS WE HAVE IN CERTAIN CASES ACCEPTED AFFIDAVITS IN SUPPORT OF CLAIMS OF GUARDS FOR EARLY REPORTING TIME.

B-160496, AUG. 1, 1968

TO LIEUTENANT (JG) C. R. GRANT:

THIS IS IN REPLY TO YOUR LETTER OF MAY 20, 1968, SUBMITTING FOR ADVANCE DECISION CLAIMS FOR 15 MINUTES OVERTIME FOR EARLY REPORTING OF 15 MEMBERS OF THE GUARD FORCE AT THE NAVAL RESEARCH LABORATORY, WASHINGTON, D.C., FOR VARIOUS PERIODS BETWEEN APRIL 1, 1956, AND NOVEMBER 18, 1965.

IN SUPPORT OF SUCH CLAIMS YOU ENCLOSE AFFIDAVITS FOR EACH OF THE GUARDS TO THE EFFECT THAT DURING SUCH PERIODS THEY ALWAYS REPORTED TO WORK 15 MINUTES BEFORE THE REGULAR STARTING TIME. APPARENTLY, THE PURPOSE OF THE AFFIDAVITS IS TO SUPPLY EVIDENCE OF EARLY REPORTING FOR PERIODS FOR WHICH NO TIME CARDS ARE AVAILABLE TO SHOW THE ACTUAL REPORTING TIME.

THE CLAIMS WERE INITIALLY CONSIDERED IN OUR OFFICE SETTLEMENT DATED JULY 19, 1967, INVOLVING THE CASE OF GUARD JOE B. ESTEP, SUBMITTED AS BEING TYPICAL OF THE ENTIRE GROUP. HIS CLAIM COVERED THE PERIOD FEBRUARY 2, 1960, TO NOVEMBER 18, 1965. ALLOWANCE OF OVERTIME COMPENSATION IN MR. ESTEP'S CASE AND THAT OF THE OTHER GUARDS WAS LIMITED TO THE PERIOD JANUARY 7, 1962 -- NOVEMBER 18, 1965, FOR WHICH TIME CARDS TO SUPPORT THE CLAIMS WERE AVAILABLE. OVERTIME COMPENSATION FOR THE EARLIER PERIOD FOR WHICH TIME CARDS WERE NOT AVAILABLE WAS DENIED SINCE THE UNAVAILABILITY WAS DUE IN PART TO CLAIMANT'S WAITING UNTIL 1966 TO FILE HIS CLAIM.

IN THE ABSENCE OF TIME AND ATTENDANCE REPORTS WE HAVE IN CERTAIN CASES ACCEPTED AFFIDAVITS IN SUPPORT OF CLAIMS OF GUARDS FOR EARLY REPORTING TIME. HOWEVER, WE NOTE THAT THE AFFIDAVITS OF JOE B. ESTEP AND OTHER GUARDS ASSERT THAT THEY REPORTED 15 MINUTES EARLY ON EACH OF THE SHIFTS FROM FEBRUARY 2, 1960, TO NOVEMBER 18, 1965, WHEREAS AN EXAMINATION OF MR. ESTEP'S TIME CARDS SHOWS NO EARLY REPORTING FOR THE PERIOD 7 DECEMBER 17, 1962, TO AUGUST 31, 1963, FROM AUGUST 4, 1962, TO SEPTEMBER 2, 1962, AND CERTAIN OTHER DAYS. ALSO, WE NOTE THE STATEMENT OF THE POLICE CHIEF IN HIS MEMORANDUM OF SEPTEMBER 14, 1962, TO THE GUARD FORCE IN WHICH HE STATES THAT COMPLAINTS WERE BEING RECEIVED FROM GUARDS BECAUSE THEY WERE NOT BEING RELIEVED UNTIL THE END OF THEIR SHIFTS. HE POINTED OUT THAT THERE WAS NO REQUIREMENT FOR THE ONCOMING SHIFT TO RELIEVE THE OFF GOING WATCH EARLY. AND HE FURTHER ADDED THAT THE REGULATIONS REQUIRING EARLY REPORTING HAD NEVER BEEN ENFORCED AND THEY WOULD NOT START TO DO SO AT THAT TIME.

IN VIEW OF THE FOREGOING WE ARE UNABLE TO ACCEPT THE AFFIDAVITS AS ESTABLISHING THAT MR. ESTEP AND THE OTHER GUARDS REPORTED TO WORK 15 MINUTES BEFORE THE REGULAR STARTING TIME OF THEIR SHIFTS. ACCORDINGLY, OUR PRIOR OFFICE SETTLEMENT LIMITING RECOVERY OF 15 MINUTES OVERTIME COMPENSATION TO THE DAYS COVERED BY TIME CARDS IS AND MUST BE SUSTAINED.