B-158582, SEPT. 4, 1968

B-158582, SEPT. 4, 1968

TO CAPTAIN VERNE WILLIAMSON:

WE REFER TO YOUR LETTER OF JULY 19, 1968, REQUESTING REVIEW OF OUR SETTLEMENT DATED NOVEMBER 7, 1966, WHICH DISALLOWED YOUR CLAIM FOR 336 1/2 HOURS OF OVERTIME AND CALL BACK SERVICES AS A HARBOR PILOT EMPLOYED BY THE DEPARTMENT OF THE NAVY AT THE U.S. NAVAL STATION, MIDWAY ISLAND, DURING THE PERIOD SEPTEMBER 1959 TO OCTOBER 1961.

IN SUPPORT OF YOUR ORIGINAL CLAIM FOR OVERTIME DATED MAY 7, 1965, YOU SUBMITTED EXTRACTS FROM YOUR PERSONAL LOG BOOK REFLECTING DATE AND DURATION OF SHIP MOVEMENTS. THE DEPARTMENT OF THE NAVY HAS INDICATED THAT THE HARBOR RECORDS FOR THE PERIOD IN QUESTION HAVE BEEN DESTROYED.

YOU CONTEND THAT YOU WERE ADVISED BY THE INDUSTRIAL RELATIONS DEPARTMENT'S REPRESENTATIVE FROM BARBERS POINT, HAWAII, THAT THE OVERTIME COULD NOT BE ENTERED ON THE TIME CARDS AS THERE WAS NO AUTHORIZATION TO PAY OVERTIME EXCEPT FOR EMERGENCIES.

YOUR LETTER INDICATES THAT THERE WAS NO WRITTEN AGREEMENT AS TO PILOT UTILIZATION DURING THE PERIOD IN QUESTION BUT THAT ALL CIVILIAN EMPLOYEES EXCEPT FIRE DEPARTMENT PERSONNEL HAD A BASIC ADMINISTRATIVE WORKWEEK OF 40 HOURS MONDAY THROUGH FRIDAY 0730 HOURS TO 1630 HOURS WITH AN HOUR FOR LUNCH. IT IS YOUR POSITION THAT NONPILOT DUTIES WERE NOT MINIMAL AND THE COLLATERAL DUTIES OF SAFETY INSPECTOR AND WATERFRONT SUPERVISOR ASSIGNED DURING YOUR TENURE WERE ADJUSTED TO OCCUPY NONPILOT TIME DURING NORMAL WORKING HOURS.

WITH RESPECT TO THE PAYMENT OF OVERTIME THE STATUTE IN EFFECT FOR UNGRADED EMPLOYEES DURING THE PERIOD OF YOUR CLAIM PROVIDED FOR A REGULAR WORKWEEK OF 40 HOURS AND COMPENSATION FOR OVERTIME AT THE RATE OF NOT LESS THAN TIME AND ONE-HALF. SEE 5 U.S.C. 673C (1958 ED.). PERTINENT NAVY REGULATIONS IN EFFECT DURING THIS PERIOD REQUIRED OVERTIME TO BE AUTHORIZED OR LATER APPROVED IN WRITING BY COMPETENT AUTHORITY. SEE NCPI 85.3-2D AND NCPI 610.3-2D. YOUR CORRESPONDENCE MAKES IT CLEAR THAT THE OVERTIME WAS NOT AUTHORIZED OR APPROVED IN WRITING AND THAT IT WAS NOT REFLECTED ON YOUR TIME CARDS.

ALTHOUGH YOU ASSERT THAT YOUR COLLATERAL DUTIES OCCUPIED ALL THE NONPILOT TIME DURING NORMAL WORKING HOURS INFORMATION SUPPLIED BY THE AGENCY INDICATES THAT NONPILOT DUTIES OF HARBOR PILOTS WERE MINIMAL SINCE THERE WERE TWO NAVAL OFFICERS ASSIGNED TO THE HARBOR DEPARTMENT. IT ALSO APPEARS THAT ALTHOUGH WRITTEN RECORDS OF HARBOR PILOTS' WORK SCHEDULES FOR THE PERIOD SEPTEMBER 1959 TO OCTOBER 1961 HAVE BEEN DESTROYED THE LONGSTANDING PRACTICE FOR PILOTS WAS TO SPEND LESS THAN A FULL DAY IN THE OFFICE AND THEIR TOTAL ASSIGNED DUTIES AMOUNTED TO LESS THAN 8-HOUR DAYS AND 5-DAY WEEKS. IN FACT, YOUR SUCCESSOR, CAPTAIN YATES, AVERAGED ABOUT 2 -1/2 HOURS PER DAY IN THE PERFORMANCE OF COLLATERAL DUTIES. IN THIS REGARD IT IS NOTED THAT ONE OF THE TWO COLLATERAL DUTIES TO WHICH YOU WERE ASSIGNED BY THE COMMANDING OFFICER, MIDWAY ISLAND, THAT OF SAFETY INSPECTOR, REQUIRED THE INSPECTION OF ONLY ONE SHOP AREA A WEEK WHICH WOULD INVOLVE ONLY A SMALL PORTION OF YOUR OVERALL WORKING HOURS. MOREOVER, YOU WERE NOT ASSIGNED THAT DUTY UNTIL OCTOBER 24, 1960, HALFWAY THROUGH THE 2-YEAR CLAIM PERIOD.

IT HAS BEEN THE PRACTICE OF THIS OFFICE AS WELL AS THE COURT OF CLAIMS TO OFFSET ANY FREE TIME GRANTED TO AN EMPLOYEE AGAINST ANY OVERTIME SERVICES PERFORMED. THUS, EVEN IF THE OVERTIME WAS REQUIRED BY AN OFFICIAL AUTHORIZED TO ORDER IT, WE WOULD HAVE TO CONCLUDE THAT YOU HAD MORE THAN ENOUGH FREE TIME TO COMPENSATE YOU FOR SERVICES PERFORMED OUTSIDE YOUR REGULAR DUTY HOURS. BY REASON OF THE FOREGOINGOUR PRIOR SETTLEMENT DENYING YOUR CLAIM MUST BE SUSTAINED.