B-165099, NOV 20, 1974

B-165099: Nov 20, 1974

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UNSCHEDULED WORK AS UNDERCOVER AGENTS WAS PERFORMED BUT UNCOMPENSATED FOR MAY BE SETTLED BY THE AGENCY ON THE BASIS OF A SIMILAR CLAIM SETTLED BY THE TRANSPORTATION AND CLAIMS DIVISION. THE AUTHORITY TO RENDER DECISIONS IS LIMITED TO MATTERS PRESENTED BY HEADS OF DEPARTMENTS AND AGENCIES. TO CLAIMANTS WHO HAVE FILED MONETARY CLAIMS WITH OUR OFFICE. SINCE A DECISION IS REQUESTED ON A MATTER WHICH APPEARS TO BE OF AN URGENT NATURE. WE WILL RENDER A DECISION AS IF THE MATTER HAD BEEN SUBMITTED BY THE HEAD OF THE AGENCY. THE ACTING CHIEF REFERS TO TWO CASES INVOLVING PREMIUM PAY FOR SIMILAR WORK WHICH HAVE BEEN SETTLED. ONE OF THE CASES WAS A JUDGMENT FOR PLAINTIFF ON FEBRUARY 21. GIBSON WHICH WAS SETTLED BY OUR TRANSPORTATION AND CLAIMS DIVISION ON NOVEMBER 20.

B-165099, NOV 20, 1974

CLAIMS BY FORMER EMPLOYEES OF THE FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, FOR PREMIUM COMPENSATION WHERE ADMINISTRATIVELY UNCONTROLLABLE OVERTIME FOR IRREGULAR, UNSCHEDULED WORK AS UNDERCOVER AGENTS WAS PERFORMED BUT UNCOMPENSATED FOR MAY BE SETTLED BY THE AGENCY ON THE BASIS OF A SIMILAR CLAIM SETTLED BY THE TRANSPORTATION AND CLAIMS DIVISION, UNITED STATES GENERAL ACCOUNTING OFFICE, PROVIDED THE CLAIMANT ACCEPTS PREMIUM PAY NOT IN EXCESS OF 15 PERCENT AS A FULL AND FINAL SETTLEMENT OF HIS CLAIM.

IRREGULAR, UNSCHEDULED OVERTIME-DEPARTMENT OF HEALTH, EDUCATION AND WELFARE:

THE ACTING CHIEF, ACCOUNTING OPERATIONS BRANCH DIVISION OF FINANCIAL MANAGEMENT OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, REQUESTS AN ADVANCE DECISION AS TO WHETHER THE AGENCY CAN SETTLE CLAIMS OF FORMER EMPLOYEES OF THE FOOD AND DRUG ADMINISTRATION WHO PERFORMED ADMINISTRATIVELY UNCONTROLLABLE OVERTIME FOR IRREGULAR, UNSCHEDULED WORK AS UNDER COVER INVESTIGATORS BUT RECEIVED NO ADDITIONAL COMPENSATION FOR WORK PERFORMED BEYOND THE NORMAL 40-HOUR WORKWEEK.

THE AUTHORITY TO RENDER DECISIONS IS LIMITED TO MATTERS PRESENTED BY HEADS OF DEPARTMENTS AND AGENCIES, DISBURSING AND CERTIFYING OFFICERS, AND TO CLAIMANTS WHO HAVE FILED MONETARY CLAIMS WITH OUR OFFICE. SEE 31 U.S.C. 74 AND 82D. HOWEVER, SINCE A DECISION IS REQUESTED ON A MATTER WHICH APPEARS TO BE OF AN URGENT NATURE, WE WILL RENDER A DECISION AS IF THE MATTER HAD BEEN SUBMITTED BY THE HEAD OF THE AGENCY.

THE ACTING CHIEF REFERS TO TWO CASES INVOLVING PREMIUM PAY FOR SIMILAR WORK WHICH HAVE BEEN SETTLED. ONE OF THE CASES WAS A JUDGMENT FOR PLAINTIFF ON FEBRUARY 21, 1973, BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ON THE BASIS OF A STIPULATION OF SETTLEMENT IN THE MATTER OF PAUL V. CRATIN V. UNITED STATES, CIVIL ACTION NO. 19677 USDC MD. THE OTHER CASE INVOLVED CARY L. GIBSON WHICH WAS SETTLED BY OUR TRANSPORTATION AND CLAIMS DIVISION ON NOVEMBER 20, 1973. MR. GIBSON'S CLAIM WAS ORIGINALLY FILED IN 1970 BUT HELD PENDING RESOLUTION OF MR. CRATIN'S CLAIM IN THE COURTS. MR. GIBSON'S CLAIM WAS SETTLED ON THE BASIS OF 15 PERCENT PREMIUM PAY FOR ADMINISTARTIVELY UNCONTROLLABLE OVERTIME WORK PERFORMED DURING THE PERIOD FROM MAY 31, 1964, TO APRIL 15, 1966, AS RECOMMENDED BY THE AGENCY. ALSO, SEE 5 U.S.C. 5545(C)(2).

SINCE THE AGENCY ANTICIPATES FUTURE CLAIMS SIMILAR TO MR. GIBSON'S IT ASKS THAT THE AGENCY BE GIVEN AUTHORITY TO SETTLE SUCH CLAIMS USING THE GIBSON CLAIM AS A PRECEDENT.

WE HAVE NO OBJECTION TO SETTLEMENT OF FUTURE CLAIMS INVOLVING THE SAME CIRCUSTANCES WITHOUT REFERRAL TO THIS OFFICE, PROVIDED THAT THE CLAIMANTS ACCEPT THE PREMIUM PAY NOT IN EXCESS OF 15 PERCENT AS A FULL AND FINAL SETTLEMENT OF THEIR CLAIMS.