B-159256, JUL. 29, 1966
Highlights
LEMOS WAS ASSIGNED TO DUTY AS A MECHANICAL ENGINEERING TECHNICIAN ON BOARD A RESEARCH VESSEL OPERATING FOR THE BUREAU OF MINES OFF THE COAST OF CALIFORNIA. APPEARS TO HAVE BEEN MR. GOODIER WAS WITHOUT AUTHORITY TO OFFICIALLY ORDER OR APPROVE OVERTIME SERVICES AS REQUIRED BY SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. LEMOS' POSITION WAS ONE FALLING WITHIN THE PURVIEW OF SECTION 208 OF THE ACT OF SEPTEMBER 1. SINCE WE HAVE NO INFORMATION THAT THE BUREAU OF MINES HAS APPLIED FOR THE APPROVAL OF THE CIVIL SERVICE COMMISSION TO ALLOW ADDITIONAL ANNUAL PREMIUM COMPENSATION FOR POSITIONS IN WHICH OVERTIME SERVICES OF OFFICERS OR EMPLOYEES CANNOT BE ADMINISTRATIVELY CONTROLLED. THE BUREAU OF MINES HAS ADVISED US THAT ITS REGULATIONS HAVE INCORPORATED THE FEDERAL PERSONNEL MANUAL WHICH PROVIDES IN CHAPTER 550 3 IN PART AS FOLLOWS: "* * * OVERTIME PAY IS PAID FOR WORK IN EXCESS OF 40 HOURS IN A WEEK.
B-159256, JUL. 29, 1966
TO AUTHORIZED CERTIFYING OFFICER, BUREAU OF MINES, UNITED STATES DEPARTMENT OF THE INTERIOR:
WE AGAIN REFER TO YOUR LETTER OF MAY 16, 1966, ENCLOSING A VOUCHER IN FAVOR OF MR. LOUIS J. LEMOS, A CIVILIAN EMPLOYEE OF THE BUREAU OF MINES, TIBURON, CALIFORNIA, FOR OVERTIME COMPENSATION DURING THE PERIOD MAY 10 THROUGH MAY 28, 1965. YOU ASK WHETHER THE VOUCHER PROPERLY MAY BE CERTIFIED FOR PAYMENT.
IT APPEARS THAT DURING THE PERIOD IN QUESTION MR. LEMOS WAS ASSIGNED TO DUTY AS A MECHANICAL ENGINEERING TECHNICIAN ON BOARD A RESEARCH VESSEL OPERATING FOR THE BUREAU OF MINES OFF THE COAST OF CALIFORNIA.
THE RECORD APPEARS TO ESTABLISH THAT IN ADDITION TO THE DUTIES OF HIS POSITION MR. LEMOS SERVED IN ADDITIONAL CAPACITIES WHILE ON THE CRUISE SUCH AS PARTY CHIEF, COOK, CREWMAN, ETC., AND THAT SUCH ADDITIONAL DUTIES SOMETIMES OCCUPIED HIS TIME FROM 6:30 A.M. TO 10 P.M.
MR. J. LESLIE GOODIER, PROJECT DIRECTOR, APPEARS TO HAVE BEEN MR. LEMOS' IMMEDIATE SUPERVISOR AT THE TIME OF THE CRUISE AND IN ADDITION TO RECOMMENDING A MONETARY SUPERIOR PERFORMANCE AWARD FOR MR. LEMOS IN OCTOBER 1965, RECOMMENDED ON MARCH 10, 1966 FAVORABLE CONSIDERATION OF HIS CLAIM FOR OVERTIME COMPENSATION.
AT THE TIME OF THE CRUISE MR. GOODIER WAS WITHOUT AUTHORITY TO OFFICIALLY ORDER OR APPROVE OVERTIME SERVICES AS REQUIRED BY SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 5 U.S.C. 911, AND IT DOES NOT APPEAR THAT ANY OFFICER OF THE BUREAU OF MINES HAVING SUCH AUTHORITY OTHERWISE INDUCED, ORDERED OR APPROVED SUCH SERVICES. FURTHER IT DOES NOT APPEAR THAT MR. LEMOS' POSITION WAS ONE FALLING WITHIN THE PURVIEW OF SECTION 208 OF THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 111, 5 U.S.C. 926 (2), SINCE WE HAVE NO INFORMATION THAT THE BUREAU OF MINES HAS APPLIED FOR THE APPROVAL OF THE CIVIL SERVICE COMMISSION TO ALLOW ADDITIONAL ANNUAL PREMIUM COMPENSATION FOR POSITIONS IN WHICH OVERTIME SERVICES OF OFFICERS OR EMPLOYEES CANNOT BE ADMINISTRATIVELY CONTROLLED.
THE BUREAU OF MINES HAS ADVISED US THAT ITS REGULATIONS HAVE INCORPORATED THE FEDERAL PERSONNEL MANUAL WHICH PROVIDES IN CHAPTER 550 3 IN PART AS FOLLOWS:
"* * * OVERTIME PAY IS PAID FOR WORK IN EXCESS OF 40 HOURS IN A WEEK. ALL HOURS OF WORK OFFICIALLY ORDERED OR APPROVED IN EXCESS OF THE EMPLOYEE'S BASIC WORKWEEK CONSTITUTE OVERTIME WORK. IT MAY BE EITHER PART OF THE REGULARLY SCHEDULED WORKWEEK OR IT MAY BE UNSCHEDULED WORK OF AN IRREGULAR OR OCCASIONAL NATURE. UNLESS IT IS INCLUDED IN THE REGULARLY SCHEDULED WORKWEEK, OVERTIME MUST BE ORDERED OR APPROVED IN WRITING BY AN OFFICER OR EMPLOYEE TO WHOM THE NECESSARY AUTHORITY HAS BEEN SPECIFICALLY DELEGATED.'
ALSO, THE BUREAU HAS CONCLUDED THAT MR. LEMOS' OVERTIME SERVICES WERE NOT ORDERED OR APPROVED WITHIN THE PURVIEW OF THE BUREAU'S REGULATIONS.
ON THE RECORD BEFORE US WE CONCUR IN THE CONCLUSION OF THE BUREAU OF MINES AND, THEREFORE, THE VOUCHER TRANSMITTED WITH YOUR LETTER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.