B-130921, APR. 5, 1957

B-130921: Apr 5, 1957

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IT IS BELIEVED THAT YOU HAVE REFERENCE TO THE CASE OF ALFRED C. WHICH WAS DECIDED JULY 12.

B-130921, APR. 5, 1957

TO MR. ROBERT C. MARTIN:

YOUR LETTER OF AUGUST 28, 1955, CONCERNS YOUR CLAIM FOR OVERTIME, HOLIDAY AND NIGHT DIFFERENTIAL PAY ALLEGED TO BE DUE AS AN EMPLOYEE OF THE UNITED STATES NAVAL GUN FACTORY, WASHINGTON, D.C.

IN VIEW OF YOUR STATEMENT THAT ON DECEMBER 9, 1946, YOU FORWARDED YOUR CLAIM TO THE NAVY DEPARTMENT AND ON DECEMBER 27, 1946, YOU RECEIVED FROM THAT DEPARTMENT APPLICATION BLANKS FOR RETROACTIVE NIGHT SHIFTPAY, THAT PART OF YOUR CLAIM PERTAINING TO NIGHT DIFFERENTIAL COMPENSATION HAS BEEN FORWARDED UNDER EVEN DATE TO THE DEPARTMENT OF THE NAVY, OFFICE, COMPTROLLER OF THE NAVY, CODE NCA-12, PENTAGON BUILDING, WASHINGTON 25, D.C. ANY FURTHER INQUIRIES WITH REGARD TO YOUR CLAIM FOR NIGHT DIFFERENTIAL COMPENSATION SHOULD BE ADDRESSED TO THAT DEPARTMENT.

IN YOUR LETTER OF AUGUST 28, 1955, YOU REFER TO A RECENT COURT DECISION THAT ALLOWED PER DIEM EMPLOYEES OF THE NAVY YARD ADDITIONAL COMPENSATION FOR WORK PERFORMED ON HOLIDAYS. IT IS BELIEVED THAT YOU HAVE REFERENCE TO THE CASE OF ALFRED C. BERGH, ET AL. V. THE UNITED STATES, WHICH WAS DECIDED JULY 12, 1955, IN THE UNITED STATES COURT OF CLAIMS. HOWEVER, THE UNITED STATES SUPREME COURT REVERSED THE DECISION OF THE COURT OF CLAIMS AND HELD IN UNITED STATES V. ALFRED C. BERGH, ET AL., NO. 17, DECIDED NOVEMBER 19, 1956, THAT GOVERNMENT PER DIEM EMPLOYEES WERE NOT ENTITLED UNDER A JOINT RESOLUTION OF CONGRESS OF JANUARY 6, 1885, 23 STAT. 516, TO AN ADDITIONAL DAY'S WAGE OR "GRATUITY PAY" FOR CERTAIN HOLIDAYS WORKED DURING WORLD WAR II. ..END :

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