B-164124, AUG. 19, 1969

B-164124: Aug 19, 1969

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THERE IS NO BASIS FOR PAYMENT OF OVERTIME COMPENSATION. THAT YOU HAVE REFERENCE TO IS SIGNED BY M. WE HAVE ASCERTAINED FROM THE DEPARTMENT OF THE NAVY THAT M. WAS A LIEUTENANT COMMANDER IN THE SUPPLY CORPS AND WAS STATIONED AT THE NAVAL SUPPLY DEPOT. CONCERNING YOUR STATEMENT THAT WE HAVE ALLOWED CLAIMS OF GUARDS FOR OVERTIME AT CERTAIN OTHER GOVERNMENT INSTALLATIONS. YOU MAY BE ADVISED THAT ACTION ON EVERY CLAIM SUBMITTED TO OUR OFFICE IS BASED ON THE WRITTEN RECORD BEFORE US. YOU REFER TO FRANKFORD ARSENAL SECURITY GUARDS AND INDICATE PAYMENT OF OVERTIME COMPENSATION WAS ALLOWED. WE ARE UNABLE TO RECONCILE THAT STATEMENT WITH OUR FILES WHICH SHOW DISALLOWANCE OF THE FRANKFORD ARSENAL CASES.

B-164124, AUG. 19, 1969

CIVIL PAY - OVERTIME DECISION TO CLAIMANT ON BEHALF OF 40 OTHER EMPLOYEES FOR OVERTIME COMPENSATION AS SPECIAL POLICEMEN AT NAVAL SUPPLY DEPOT, PHILADELPHIA. SINCE RECORD DOES NOT SHOW THAT OFFICER WHO SIGNED MEMORANDUM HAD ANY AUTHORITY TO AUTHORIZE OR APPROVE OVERTIME WORK, THERE IS NO BASIS FOR PAYMENT OF OVERTIME COMPENSATION.

TO MR. ALFRED J. JELNICKI:

THIS REFERS TO YOUR UNDATED LETTER RECEIVED IN THE GENERAL ACCOUNTING OFFICE JULY 22, 1969, CONCERNING YOUR CLAIM AND THE CLAIM OF FORTY OTHER EMPLOYEES FOR OVERTIME COMPENSATION ALLEGED TO BE DUE FOR SERVICES RENDERED AS SPECIAL POLICEMEN AT THE NAVAL SUPPLY DEPOT, PHILADELPHIA, PENNSYLVANIA.

IN YOUR LETTER YOU REFER TO M. F. BARTON, JR., AS A LIEUTENANT COMMANDER IN THE UNITED STATES NAVY. THE MEMORANDUM OF MAY 23, 1963, THAT YOU HAVE REFERENCE TO IS SIGNED BY M. F. BARTON, JR., WITHOUT HIS TITLE. WE HAVE ASCERTAINED FROM THE DEPARTMENT OF THE NAVY THAT M. F. BARTON, JR., WAS A LIEUTENANT COMMANDER IN THE SUPPLY CORPS AND WAS STATIONED AT THE NAVAL SUPPLY DEPOT, PHILADELPHIA, PENNSYLVANIA, FROM JULY 1960 TO MAY 1963. HELD TWO POSITIONS WHILE STATIONED THERE -- SECURITY OFFICER AND DIRECTOR OF THE ADMINISTRATIVE DEPARTMENT. WE FIND NOTHING OF RECORD INDICATING THAT HE HAD BEEN GIVEN AUTHORITY IN EITHER SUCH CAPACITY TO AUTHORIZE OR APPROVE THE OVERTIME HERE IN QUESTION. ALSO, REGARDLESS OF WHO SIGNED THE MEMORANDUM OF MAY 24, A CHANGE IN OUR CONCLUSION IN THE MATTER WOULD NOT BE WARRANTED ON THE BASIS OF THE MEMORANDUM SINCE AS STATED IN OUR DECISION OF JUNE 27, 1969, B-164124, TO YOU,"WE FIND NOTHING IN THIS MEMORANDUM AUTHORIZING OVERTIME TO BE PERFORMED BY THE SECURITY GUARDS.'

CONCERNING YOUR STATEMENT THAT WE HAVE ALLOWED CLAIMS OF GUARDS FOR OVERTIME AT CERTAIN OTHER GOVERNMENT INSTALLATIONS, YOU MAY BE ADVISED THAT ACTION ON EVERY CLAIM SUBMITTED TO OUR OFFICE IS BASED ON THE WRITTEN RECORD BEFORE US. YOU REFER TO FRANKFORD ARSENAL SECURITY GUARDS AND INDICATE PAYMENT OF OVERTIME COMPENSATION WAS ALLOWED. WE ARE UNABLE TO RECONCILE THAT STATEMENT WITH OUR FILES WHICH SHOW DISALLOWANCE OF THE FRANKFORD ARSENAL CASES. OUR ACTION WAS SUSTAINED BY BANTOM V UNITED STATES, 165 CT. CL. 312.

YOUR REQUEST THAT WE LOOK INTO THE MATTER OF THE NAVY CHIT THAT WAS SENT TO THE MANAGEMENT AT NPFC IN 1968 WHICH YOU SAY WAS FOR OVERTIME COMPENSATION FOR THE 42 GUARDS AT THE TIME. WE HAVE ON FILE A MEMORANDUM DATED SEPTEMBER 17, 1968, ADDRESSED TO YOU SIGNED "RUSS" CONCERNING THE CLAIM FOR OVERTIME COMPENSATION OF GUARDS AT THE NAVAL SUPPLY DEPOT, PHILADELPHIA, PENNSYLVANIA. ATTACHED TO THIS MEMORANDUM IS A LIST OF 41 GUARDS WHO WERE CLAIMING OVERTIME COMPENSATION. THIS MEMORANDUM WAS CONSIDERED BY OUR OFFICE AT THE TIME WE DISALLOWED YOUR CLAIM.

ON THE BASIS OF THE FOREGOING WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE DISALLOWANCE OF YOUR CLAIM.