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B-148783, FEB. 12, 1963

B-148783 Feb 12, 1963
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IMMIGRATION AND NATURALIZATION SERVICE WHILE YOU WERE STATIONED AT NASSAU. WE HAVE CONSIDERED THE ARGUMENTS YOU PRESENT BUT ARE NOT PERSUADED THAT THE OVERTIME COMPENSATION PROVISIONS OF THE ACT OF MARCH 2. WHICH ARE APPLICABLE TO OVERTIME PERFORMED "IN CONNECTION WITH THE EXAMINATION AND LANDING OF PASSENGERS AND CREWS OF STEAMSHIPS. OR OTHER VEHICLES ARRIVING IN THE UNITED STATES FROM A FOREIGN PORT" ARE APPLICABLE TO THE OVERTIME SERVICES YOU PERFORMED IN NASSAU IN CONNECTION WITH THE DEPARTURE OF AIRPLANES FROM THAT FOREIGN PORT BOUND FOR A PORT IN THE UNITED STATES. TO YOU IS AFFIRMED AND YOUR CLAIM DISALLOWED.

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B-148783, FEB. 12, 1963

TO MR. A. A. NAKELA:

ON JANUARY 19, 1963, YOU REQUESTED THAT WE RECONSIDER OUR DECISION TO YOU OF SEPTEMBER 5, 1962, B-148783, BY WHICH WE SUSTAINED OUR OFFICE SETTLEMENT DISALLOWING YOUR CLAIM FOR ADDITIONAL OVERTIME COMPENSATION AS AN EMPLOYEE OF THE DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE WHILE YOU WERE STATIONED AT NASSAU, BAHAMAS, BETWEEN AUGUST 1, 1959, AND AUGUST 19, 1961. YOUR LETTER OF JANUARY 23, 1963, SUPPLEMENTING THAT REQUEST HAS ALSO BEEN RECEIVED.

WE HAVE CONSIDERED THE ARGUMENTS YOU PRESENT BUT ARE NOT PERSUADED THAT THE OVERTIME COMPENSATION PROVISIONS OF THE ACT OF MARCH 2, 1931, CH. 368, 46 STAT. 1467, AS AMENDED, 5 U.S.C. 342C, WHICH ARE APPLICABLE TO OVERTIME PERFORMED "IN CONNECTION WITH THE EXAMINATION AND LANDING OF PASSENGERS AND CREWS OF STEAMSHIPS, TRAINS, AIRPLANES, OR OTHER VEHICLES ARRIVING IN THE UNITED STATES FROM A FOREIGN PORT" ARE APPLICABLE TO THE OVERTIME SERVICES YOU PERFORMED IN NASSAU IN CONNECTION WITH THE DEPARTURE OF AIRPLANES FROM THAT FOREIGN PORT BOUND FOR A PORT IN THE UNITED STATES.

THEREFORE, OUR DECISION OF SEPTEMBER 5, 1962, TO YOU IS AFFIRMED AND YOUR CLAIM DISALLOWED. ANY FURTHER ACTION YOU MAY WISH TO TAKE IN THE MATTER SHOULD BE IN THE FORM OF A SUIT IN THE UNITED STATES COURT OF CLAIMS.

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