B-128400, AUG. 27, 1956

B-128400, AUG. 27, 1956

TO MR. GEORGE S. TOBIAS:

REFERENCE IS MADE TO YOUR LETTER REQUESTING RECONSIDERATION OF SETTLEMENT OF JUNE 18, 1947, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION ALLEGED TO BE DUE FOR OVERTIME SERVICES RENDERED AS AN EMPLOYEE OF THE WAR DEPARTMENT (NOW DEPARTMENT OF THE ARMY) PHILADELPHIA SIGNAL DEPOT, PHILADELPHIA, PENNSYLVANIA, DURING THE PERIOD DECEMBER 20, 1941, TO FEBRUARY 28, 1942.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOU, A PER ANNUM EMPLOYEE, DID NOT OCCUPY A POSITION WITHIN THE CLASSES ENUMERATED IN THE ACT OF OCTOBER 21, 1940, 54 STAT. 1205 (PUBLIC LAW 873), AND YOU HAD NOT BEEN DESIGNATED AS ENTITLED TO OVERTIME COMPENSATION UNDER THE ACT OF JUNE 3, 1941, 55 STAT. 241.

THE ACT OF OCTOBER 21, 1940, AUTHORIZED OVERTIME COMPENSATION TO PER ANNUM EMPLOYEES OF THE WAR DEPARTMENT WITHIN THE FOLLOWING DESCRIBED CLASSES: PROFESSIONAL AND SUBPROFESSIONAL EMPLOYEES, BLUEPRINTERS, PHOTOSTAT AND ROTAPRINT OPERATORS, INSPECTORS, STOREKEEPERS, TOOLKEEPERS, AND SHOP SUPERINTENDENTS OF THE CAF SERVICE. THIS ACT WAS FOLLOWED BY THE ACT OF JUNE 3, 1941, WHICH AUTHORIZED THE PRESIDENT OF THE UNITED STATES TO ISSUE REGULATIONS FOR THE PAYMENT OF OVERTIME COMPENSATION TO EMPLOYEES WHOSE OVERTIME WORK WAS ESSENTIAL TO AND DIRECTLY CONNECTED WITH THE EXPEDITIOUS PROSECUTION OF THE OVERTIME WORK UPON WHICH THE EMPLOYEES ENUMERATED IN THE ACT OF OCTOBER 21, 1940, WERE ENGAGED. BY EXECUTIVE ORDER NO. 8837, JULY 30, 1941, THE PRESIDENT ISSUED REGULATIONS UNDER THE ACT OF JUNE 3, 1941, AND AUTHORIZED SECRETARY OF WAR OR SUCH SUBORDINATE OFFICERS AS HE MIGHT DESIGNATE TO DETERMINE WHICH PER ANNUM EMPLOYEES WERE PERFORMING SERVICES ENTITLING THEM TO OVERTIME COMPENSATION UNDER SUCH ACT.

IT WILL BE OBSERVED FROM THE ABOVE-CITED ACT AND EXECUTIVE ORDER THAT, BEFORE OVERTIME COMPENSATION COULD HAVE BEEN PAID TO PER ANNUM EMPLOYEES FOR THE PERIOD COVERED BY YOUR CLAIM, IT WAS ESSENTIAL THAT AN ADMINISTRATIVE DETERMINATION BE MADE THAT THE SERVICES PERFORMED WERE ,ESSENTIAL TO AND DIRECTLY CONNECTED WITH THE EXPEDITIOUS PROSECUTION OF THE OVERTIME WORK" UPON WHICH THE EMPLOYEES ENUMERATED IN THE ACT OF OCTOBER 21, 1940, WERE ENGAGED. HOWEVER, SUCH DETERMINATION HAD TO BE MADE WHILE THE ACTS INVOLVED WERE STILL IN EFFECT, OR PRIOR TO DECEMBER 1, 1942, BECAUSE ALL OF THE REGULATIONS ISSUED BY THE PRESIDENT PURSUANT THERETO, OR ANY ADMINISTRATIVE AUTHORITY TO MAKE CERTIFICATION THEREUNDER, EXPIRED BY OPERATION OF LAW AT THAT TIME.

YOUR EMPLOYMENT IN THE SIGNAL DEPOT, WAS NOT ONE OF THE OCCUPATIONS ENUMERATED IN THE ACT OF OCTOBER 10, 1940, AND IT IS ADMINISTRATIVELY REPORTED THAT YOU WERE NOT DESIGNATED AS ENTITLED TO OVERTIME COMPENSATION UNDER THE ACT OF JUNE 3, 1941.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM WAS PROPER AND UPON REVIEW SAID ACTION IS SUSTAINED.