Claims for Overtime Compensation for Standby Duty

Two employees of the Army Corps of Engineers appealed a Claims Group determination that barred from consideration claims which accrued more than 6 years from the date that the claims were received by GAO. The employees contended that the claims should be considered for a 10-year period, because they should have been filed prior to July 2, 1975, the effective date of legislation which reduced the limitation period from 10 years to 6 years. The claimants alleged that the Corps of Engineers suppressed documentation regarding the change in legislation for the sole purpose of preventing them from filing their claims with GAO. Accordingly, the employees contended that they were entitled to overtime compensation which accrued within 10 years prior to March 30, 1975. GAO stated that the employees' arguments in favor of extending the period for which the claims may be considered are unpersuasive since GAO has no authority to waive or modify the applicable legislation. GAO further stated that an agency's failure to forward claims to its office does not affect the application of the 6-year limitation. Accordingly, the prior determination was upheld.