B-160956, NOV. 27, 1970
Highlights
SINCE THERE WAS NO ADMINISTRATIVE AUTHORITY FOR THE EARLY REPORTING AND THE TIME DE MINIMIS THERE IS NO BASIS FOR PAYMENT OF OVERTIME. WHILE THE COPIES OF THE TIME AND ATTENDANCE RECORDS REFLECT THAT YOU CLOCKED IN 10 MINUTES EARLY AND CLOCKED OUT 10 MINUTES LATE FOR THE FOREGOING PERIOD THERE IS NO EVIDENCE THAT YOU WERE REQUIRED TO DO SO FOR THE PURPOSE OF CHANGING INTO AND OUT OF UNIFORM AND GOING TO AND FROM YOUR POST OF DUTY. COPIES OF THOSE DECISIONS ARE ENCLOSED FOR READY REFERENCE. YOU WILL NOTE THEREFROM THAT THE OFFICIAL MEMORANDUM DATED OCTOBER 30. WE POINTED OUT THEREIN THAT WE CONSIDER CHANGING INTO AND OUT OF UNIFORMS AS DE MINIMIS AND THAT THE COURTS HAVE SO HELD. ADDITION YOU WILL NOTE THEREFROM THAT WE STATED WE COULD NOT ACCEPT THE ARGUMENT THAT THE ISSUANCE OF AN ADMINISTRATIVE ORDER EFFECTIVE OCTOBER 6.
B-160956, NOV. 27, 1970
OVERTIME COMPENSATION REAFFIRMING DECISION OF APRIL 15, 1969, AND JAN., 17, 1968, DENYING CLAIM FOR OVERTIME FOR EARLY REPORTING AND LATE DEPARTURE FROM WORK, FOR CHANGING UNIFORM AND GOING TO AND FROM POST OF DUTY. SINCE THERE WAS NO ADMINISTRATIVE AUTHORITY FOR THE EARLY REPORTING AND THE TIME DE MINIMIS THERE IS NO BASIS FOR PAYMENT OF OVERTIME.
TO MR. ROBERT L. BATTLE:
A LETTER DATED AUGUST 20, 1970, REFERENCE 4F/L-1023, WRITTEN IN YOUR BEHALF BY MR. CLYDE M. WEBBER, EXECUTIVE VICE PRESIDENT, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, FORWARDS FOR OUR CONSIDERATION A LETTER FROM MR. ROYAL L. SIMS, ANOTHER OFFICER OF THE ABOVE REFERRED-TO ASSOCIATION, DATED JUNE 30, 1970, AND COPIES OF YOUR TIME AND ATTENDANCE RECORDS FOR THE PERIOD OCTOBER 22, 1967, THROUGH OCTOBER 5, 1968, AND REQUESTS THAT YOUR CLAIM FOR OVERTIME COMPENSATION FOR SUCH PERIOD FOR EARLY REPORTING AND LATE DEPARTURE BE REOPENED.
WHILE THE COPIES OF THE TIME AND ATTENDANCE RECORDS REFLECT THAT YOU CLOCKED IN 10 MINUTES EARLY AND CLOCKED OUT 10 MINUTES LATE FOR THE FOREGOING PERIOD THERE IS NO EVIDENCE THAT YOU WERE REQUIRED TO DO SO FOR THE PURPOSE OF CHANGING INTO AND OUT OF UNIFORM AND GOING TO AND FROM YOUR POST OF DUTY. IN OUR DECISIONS B-160956, APRIL 15, 1969, AND JANUARY 17, 1968, TO YOU, WE COVERED THESE MATTERS FULLY. COPIES OF THOSE DECISIONS ARE ENCLOSED FOR READY REFERENCE. YOU WILL NOTE THEREFROM THAT THE OFFICIAL MEMORANDUM DATED OCTOBER 30, 1967, TO WHICH YOU REFER, DID NOT IMPOSE ANY REQUIREMENT ON THE GUARDS TO REPORT EARLY FOR INSTRUCTIONS, UNIFORM CHANGES, OR OTHER DUTIES. THUS, NO ADMINISTRATIVE AUTHORITY EXISTED DURING THE PERIOD OF YOUR CLAIM FOR EARLY REPORTING OR LATE DEPARTURE. FURTHER, WE POINTED OUT THEREIN THAT WE CONSIDER CHANGING INTO AND OUT OF UNIFORMS AS DE MINIMIS AND THAT THE COURTS HAVE SO HELD. ADDITION YOU WILL NOTE THEREFROM THAT WE STATED WE COULD NOT ACCEPT THE ARGUMENT THAT THE ISSUANCE OF AN ADMINISTRATIVE ORDER EFFECTIVE OCTOBER 6, 1968, PROSPECTIVELY DIRECTING 20 MINUTES OVERTIME EACH DAY IN ADDITION TO THE NORMAL TOUR OF DUTY FOR EACH SECURITY GUARD HAD THE EFFECT OF LENDING VALIDITY TO YOUR CLAIM.
WE FIND NOTHING IN THE ADDITIONAL INFORMATION FURNISHED THAT HAS NOT ALREADY BEEN CONSIDERED AND ACCORDINGLY WE MUST SUSTAIN OUR DISALLOWANCE OF YOUR CLAIM.