B-160956, APR. 15, 1969

B-160956, APR. 15, 1969

TO MR. ROBERT L. BATTLE:

WE REFER TO YOUR LETTER OF FEBRUARY 13, 1969, WITH ENCLOSURES, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR PAYMENT OF OVERTIME COMPENSATION FOR THE TIME REQUIRED TO CHANGE INTO AND OUT OF YOUR UNIFORM AS A GUARD AT THE UNITED STATES MINT, PHILADELPHIA, PENNSYLVANIA.

YOUR CLAIM WAS THE SUBJECT OF OUR DECISIONS OF AUGUST 15, 1967, AND JANUARY 17, 1968, B-160956. WE HELD THEREIN THAT YOU ARE NOT ENTITLED TO PAYMENT OF OVERTIME COMPENSATION FOR 10 MINUTES DRESS-UP TIME AT THE START AND CLOSE OF YOUR SHIFT. YOUR REQUEST FOR RECONSIDERATION OF THOSE DECISIONS IS BASED PRIMARILY UPON A NOTICE ISSUED TO ALL SECURITY GUARDS ON OCTOBER 1, 1968, BY THE SUPERINTENDENT OF THE UNITED STATES MINT AT PHILADELPHIA. THAT NOTICE READS AS FOLLOWS:

"UNDER THE AUTHORITY DELEGATED TO ME BY THE DIRECTOR OF THE MINT, I HEREBY ORDER THAT THE NORMAL TOUR OF DUTY FOR EACH SECURITY GUARD AT THIS INSTITUTION WILL BE EXTENDED BY 20 MINUTES PER SHIFT TO PERMIT UNINTERRUPTED COVERAGE FOR EACH GUARD POST.

"THE TOURS WILL BE EXTENDED IN THE FOLLOWING WAY: "1. EACH GUARD IS REQUIRED TO REPORT TO THE GUARD ROOM 10 MINUTES BEFORE THE TIME HE IS TO ASSUME HIS POST OF DUTY. DURING THIS TIME HE WILL CHECK IN, RECEIVE INSTRUCTIONS, DRAW HIS BADGE AND WEAPON, UNDERGO INSPECTION AND PROCEED TO HIS POST OF DUTY. "2. AT THE END OF HIS TOUR OF DUTY, EACH GUARD WILL BE ALLOWED 10 MINUTES TO RETURN TO THE GUARD ROOM, COMPLETE SUCH END OF TOUR REPORTS, AS ARE REQUIRED, AND TURN IN HIS BADGE AND WEAPON.

"EACH GUARD WILL BE COMPENSATED FOR 20 MINUTES EACH DAY AT OVERTIME RATES UNDER THE PROVISIONS OF THE LAWS AND REGULATIONS NOW IN EFFECT.

"THIS ORDER BECOMES EFFECTIVE OCTOBER 6, 1968.'

IT IS YOUR BELIEF THAT THE ABOVE-QUOTED NOTICE LENDS VALIDITY TO YOUR CLAIM FOR OVERTIME COMPENSATION BY ESTABLISHING AS A FACT THAT SECURITY GUARDS AT THE PHILADELPHIA MINT ARE REQUIRED TO PERFORM 20 MINUTES OVERTIME PER SHIFT IN ORDER TO MAINTAIN UNINTERRUPTED COVERAGE OF EACH GUARD POST.

THE FACT THAT YOU ARE NOW REQUIRED BY ADMINISTRATIVE ORDER TO REPORT TO WORK 10 MINUTES BEFORE THE START OF YOUR SHIFT AND REMAIN ON DUTY 10 MINUTES AT THE END OF YOUR SHIFT TO PERFORM VARIOUS TASKS (IN ADDITION TO CHANGING CLOTHES) CANNOT SERVE AS A BASIS FOR THE PAYMENT OF OVERTIME COMPENSATION FOR A PERIOD DURING WHICH NO SUCH ADMINISTRATIVE ORDER WAS IN EFFECT. IN OUR DECISION OF JANUARY 17, 1968, WE POINTED OUT THAT THE SUPERINTENDENT'S MEMORANDUM OF OCTOBER 30, 1967, WHICH WAS IN EFFECT UNTIL OCTOBER 6, 1968, DID NOT IMPOSE ANY REQUIREMENT ON SECURITY GUARDS OTHER THAN TO RELIEVE THE OFF GOING GUARDS IN UNIFORM AT THE EXACT HOUR ESTABLISHED FOR THE BEGINNING OF THE SHIFT.

THE REASONS UNDERLYING OUR RULING THAT YOU MAY NOT BE PAID OVERTIME COMPENSATION FOR DRESS-UP TIME AT THE BEGINNING AND END OF YOUR REGULAR 8- HOUR SHIFT DURING THE PERIOD OF YOUR CLAIM WERE THOROUGHLY EXPLAINED IN OUR PRIOR DECISIONS. OTHER THAN THE ADMINISTRATIVE ORDER OF OCTOBER 1, 1968, WHICH, AS POINTED OUT ABOVE, IS NOT MATERIAL TO YOUR CLAIM, YOU HAVE PRESENTED NO NEW EVIDENCE WHICH WOULD WARRANT OUR TAKING FAVORABLE ACTION IN YOUR CASE. THEREFORE, WE MUST SUSTAIN THE DISALLOWANCE OF YOUR CLAIM.