B-160508, APR. 10, 1967
Highlights
THE CLAIMS WERE DISALLOWED BY OUR CLAIMS DIVISION ON JANUARY 10. BECAUSE THE 15 MINUTES OF EARLY REPORTING WAS OFFSET BY AN EQUAL AMOUNT OF FREE TIME FOR LUNCH EATING PURPOSES. YOUR OFFICE ARE UNABLE TO RECONCILE THE DECISION ON MR. AS WAS POINTED OUT IN OUR SETTLEMENTS IN WHICH THE CLAIMS OF MR. COFFEE AND OTHERS WERE DISALLOWED. THE DECISION INVOLVING THE BUILDING GUARDS OF THE BUREAU OF ENGRAVING AND PRINTING WAS PREDICATED UPON A LONG STANDING ADMINISTRATIVE DETERMINATION THAT BECAUSE OF CERTAIN SECURITY AND OTHER REQUIREMENTS THE EMPLOYEES OF THE BUREAU WOULD NOT BE REGARDED AS HAVING ANY FREE TIME FOR LUNCH AND THAT ANY TIME USED IN EATING LUNCH WAS TO BE CONSIDERED AS WORK. COFFEE'S AND THE SIMILAR CASES THERE IS NO INDICATION THAT ANY SIMILAR SITUATION EXISTED OR THAT AN ADMINISTRATIVE DETERMINATION BASED ON SUCH SITUATION WAS MADE THAT THE EMPLOYEES' LUNCH TIME SHOULD BE REGARDED AS WORK TIME.
B-160508, APR. 10, 1967
TO AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES:
YOUR LETTER OF FEBRUARY 14, 1967, WRITTEN IN BEHALF OF CERTAIN GUARD- CHAUFFEURS OF THE VETERANS ADMINISTRATION AND PARTICULARLY C. B. COFFEE, CLAIM NO. Z-2340267, REQUESTS RECONSIDERATION OF THEIR CLAIMS FOR OVERTIME COMPENSATION FOR REPORTING 15 MINUTES EARLY EACH DAY PRIOR TO THE BEGINNING OF THEIR REGULAR TOUR OF DUTY. THE CLAIMS WERE DISALLOWED BY OUR CLAIMS DIVISION ON JANUARY 10, 1967, BECAUSE THE 15 MINUTES OF EARLY REPORTING WAS OFFSET BY AN EQUAL AMOUNT OF FREE TIME FOR LUNCH EATING PURPOSES.
YOU POINT OUT THAT MR. COFFEE, THE PRESIDENT OF THE LOCAL LODGE NO. 1061, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOS ANGELES, CALIFORNIA, AND YOUR OFFICE ARE UNABLE TO RECONCILE THE DECISION ON MR. COFFEE'S AND THE OTHER CLAIMS WITH OUR DECISION B-155197, OCTOBER 8, 1964, 44 COMP. GEN. 195, WHICH CONCERNS THE BUILDING GUARDS EMPLOYED BY THE BUREAU OF ENGRAVING AND PRINTING, TREASURY DEPARTMENT.
YOU FURNISH WITH YOUR REQUEST FOR REVIEW NO INFORMATION THAT HAS NOT ALREADY BEEN CONSIDERED IN THESE CASES.
AS WAS POINTED OUT IN OUR SETTLEMENTS IN WHICH THE CLAIMS OF MR. COFFEE AND OTHERS WERE DISALLOWED, THE DECISION INVOLVING THE BUILDING GUARDS OF THE BUREAU OF ENGRAVING AND PRINTING WAS PREDICATED UPON A LONG STANDING ADMINISTRATIVE DETERMINATION THAT BECAUSE OF CERTAIN SECURITY AND OTHER REQUIREMENTS THE EMPLOYEES OF THE BUREAU WOULD NOT BE REGARDED AS HAVING ANY FREE TIME FOR LUNCH AND THAT ANY TIME USED IN EATING LUNCH WAS TO BE CONSIDERED AS WORK. THUS NO BASIS EXISTED IN THAT CASE FOR SETOFF OF ANY LUNCH TIME AGAINST THE EARLY REPORTING TIME. IN MR. COFFEE'S AND THE SIMILAR CASES THERE IS NO INDICATION THAT ANY SIMILAR SITUATION EXISTED OR THAT AN ADMINISTRATIVE DETERMINATION BASED ON SUCH SITUATION WAS MADE THAT THE EMPLOYEES' LUNCH TIME SHOULD BE REGARDED AS WORK TIME. THUS, IT SEEMS CLEAR THAT THE EMPLOYEES HERE IN QUESTION HAD 15 MINUTES OR MORE FREE TIME FOR LUNCH WHICH IS REQUIRED TO BE SETOFF AGAINST THE EARLY REPORTING TIME. CF. ALBRIGHT V UNITED STATES, 161 CT.CL. 356.
ACCORDINGLY, WE MUST AFFIRM OUR SETTLEMENT ACTIONS OF JANUARY 10, 1967, DISALLOWING THE CLAIMS HERE INVOLVED.