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B-146595, AUG. 30, 1961

B-146595 Aug 30, 1961
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IT WAS ADMINISTRATIVELY REPORTED THAT AT THE TIME OF YOUR APPOINTMENT ON APRIL 25. ALL CIVILIAN GUARDS WERE REQUIRED TO BE AT THEIR PLACE OF DUTY AT THE SPECIFIED TIME AND THAT GOVERNMENT TRANSPORTATION WAS FURNISHED THOSE ON THE AFTERNOON AND NIGHT SHIFTS WHO DESIRED IT. IT WAS NOT MANDATORY THAT THE GUARDS USE THE GOVERNMENT TRANSPORTATION BUT IT WAS EACH GUARD'S RESPONSIBILITY TO BE AT HIS PLACE OF DUTY AT THE BEGINNING OF HIS SHIFT BY WHATEVER MEANS OF CONVEYANCE HE CHOSE. THE RECORD SHOWS THAT STATION CIVILIAN GUARD PERSONNEL WERE ON DUTY EIGHT AND ONE HALF HOURS WITH 30 MINUTES ALLOWED FOR LUNCH. OVERHAUL AND REPAIR CIVILIAN GUARDS WITH THE EXCEPTIONS OF THE SERGEANTS WERE REQUIRED TO WORK STRAIGHT EIGHT HOUR WATCHES AND WERE ALLOWED TO HAVE THEIR LUNCH ON THE JOB.

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B-146595, AUG. 30, 1961

TO MR. ANTHONY J. MASTRIANA:

ON JULY 26, 1961, YOU REQUESTED A REVIEW OF OUR SETTLEMENT OF JULY 18, 1961, WHICH DISALLOWED YOUR CLAIM FOR OVERTIME COMPENSATION ALLEGEDLY DUE AS A CIVILIAN GUARD AT THE UNITED STATES NAVAL AIR STATION, NORTH ISLAND, SAN DIEGO, CALIFORNIA. YOU ALSO AMENDED THAT CLAIM TO COVER OVERTIME COMPENSATION FOR SERVICES PERFORMED FOR 30 MINUTES EACH DAY DURING LUNCH PERIODS IN EXCESS OF EIGHT HOURS.

IT WAS ADMINISTRATIVELY REPORTED THAT AT THE TIME OF YOUR APPOINTMENT ON APRIL 25, 1960, ALL CIVILIAN GUARDS WERE REQUIRED TO BE AT THEIR PLACE OF DUTY AT THE SPECIFIED TIME AND THAT GOVERNMENT TRANSPORTATION WAS FURNISHED THOSE ON THE AFTERNOON AND NIGHT SHIFTS WHO DESIRED IT. THIS TRANSPORTATION LEFT ITS TERMINAL APPROXIMATELY 15 MINUTES PRIOR TO THE START OF THE SHIFT FOR THE PURPOSE OF POSTING THE GUARDS. IT WAS NOT MANDATORY THAT THE GUARDS USE THE GOVERNMENT TRANSPORTATION BUT IT WAS EACH GUARD'S RESPONSIBILITY TO BE AT HIS PLACE OF DUTY AT THE BEGINNING OF HIS SHIFT BY WHATEVER MEANS OF CONVEYANCE HE CHOSE.

CONCERNING YOUR LUNCH PERIOD WHILE WORKING AS A GUARD, THE RECORD SHOWS THAT STATION CIVILIAN GUARD PERSONNEL WERE ON DUTY EIGHT AND ONE HALF HOURS WITH 30 MINUTES ALLOWED FOR LUNCH. OVERHAUL AND REPAIR CIVILIAN GUARDS WITH THE EXCEPTIONS OF THE SERGEANTS WERE REQUIRED TO WORK STRAIGHT EIGHT HOUR WATCHES AND WERE ALLOWED TO HAVE THEIR LUNCH ON THE JOB.

UNDER SECTION 201 OF THE FEDERAL EMPLOYEES' PAY ACT OF 1945, 59 STAT. 296, AS AMENDED, 5 U.S.C. 911, ADMINISTRATIVE AUTHORIZATION OR APPROVAL IS A PREREQUISITE TO THE PAYMENT OF OVERTIME COMPENSATION. NO ADMINISTRATIVE AUTHORIZATION OR APPROVAL OF ANY OVERTIME SERVICE ALLEGED TO HAVE BEEN PERFORMED BY YOU HAS BEEN MADE IN YOUR CASE.

REGARDING YOUR STATEMENT THAT THE GUARD FORCE AT TERMINAL ISLAND, CALIFORNIA, WERE IN THE SAME CATEGORY AS YOU AND THEY WERE GRANTED OVERTIME PAY BY A FEDERAL COURT, YOU PROBABLY HAVE IN MIND CAGLE, ET AL. V. UNITED STATES, CT.CL. 34-59. JUDGMENT WAS ENTERED FOR THE PETITIONERS ON STIPULATION, SEPTEMBER 7, 1960. THE ACTION IN THAT CASE WOULD NOT BE APPLICABLE UNDER THE FACTS AND CIRCUMSTANCES SET FORTH IN YOUR CLAIM BECAUSE WE MUST ASSUME THAT SINCE THE JUDGMENT WAS BY STIPULATION THE PETITIONERS WERE ABLE TO SHOW THAT THEY HAD BEEN OFFICIALLY ORDERED TO WORK OVERTIME FOR A NUMBER OF HOURS SUFFICIENT TO JUSTIFY THE JUDGMENT, AS REQUIRED BY SECTION 201 OF THE FEDERAL EMPLOYEES' PAY ACT OF 1945, 59 STAT. 296, AS AMENDED, 5 U.S.C. 911.

THEREFORE, UPON THE PRESENT RECORD, WE MUST SUSTAIN THE ACTION TAKEN IN OUR SETTLEMENT OF JULY 18, 1961, AND WE MUST ALSO DISALLOW YOUR AMENDED CLAIM.

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