B-131585, MAY 22, 1957

B-131585, MAY 22, 1957

TO MR. R. E. COOMBS:

YOUR LETTER OF APRIL 5, 1957, REQUESTS REVIEW OF THAT PART OF THE SETTLEMENT OF MARCH 22, 1957, WHICH DISALLOWED YOUR CLAIM FOR OVERTIME COMPENSATION FOR THE PERIOD JULY 1, 1942, TO NOVEMBER 14, 1942. THE DISALLOWANCE WAS FOR THE REASON THAT THE ACT OF JUNE 28, 1940, 54 STAT. 678, DOES NOT AUTHORIZE PAYMENT FOR OVERTIME SERVICES RENDERED BY AN ASSISTANT DIRECTOR OR ANY OF HIS ASSISTANTS.

SECTION 5/A) OF THE ACT OF JUNE 28, 1940, 54 STAT. 678, PROVIDES IN PERTINENT PART AS FOLLOWS:

"* * * THAT COMPENSATION FOR EMPLOYMENT IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK COMPUTED AT A RATE NOT LESS THAN ONE AND ONE-HALF TIMES THE REGULAR RATE SHALL BE PAID ONLY TO MONTHLY, PER DIEM, HOURLY, AND PIECE-WORK EMPLOYEES, WHOSE WAGES ARE SET BY THE ACT OF JULY 16, 1862 (12 STAT. 587), AS AMENDED OR MODIFIED; AND ALSO TO PROFESSIONAL AND SUBPROFESSIONAL EMPLOYEES AND TO BLUEPRINTERS, PHOTOSTAT AND ROTAPRINT OPERATORS, INSPECTORS, SUPERVISORY PLANNERS AND ESTIMATORS, AND SUPERVISORY PROGRESSMEN, AND ASSISTANTS TO SHOP AND PLANT SUPERINTENDENTS OF THE CAF SERVICE, AS DEFINED BY THE CLASSIFICATION ACT OF MARCH 4, 1923 (42 STAT. 1488; U.S.C. 5, CH. 13), AS AMENDED: * * *"

THE SETTLEMENT ALLOWED YOU OVERTIME COMPENSATION FOR THE PERIOD MARCH 1 TO JUNE 30, 1942, AS YOU OCCUPIED DURING THAT PERIOD A POSITION DESIGNATED AS SUPERVISORY INSPECTOR IN THE UNITED STATES COAST GUARD HEADQUARTERS AT CINCINNATI, OHIO. EFFECTIVE JULY 1, YOU WERE TRANSFERRED TO WASHINGTON, D.C., AND YOUR POSITION AND TITLE WERE CHANGED TO "ASSISTANT TO ASSISTANT DIRECTOR.' FORM 50, NOTIFICATION OF PERSONNEL ACTION, DATED JUNE 22, 1942, WAS PROCESSED COVERING THE TRANSFER AND CHANGE OF JOBS. IN FIRST INDORSEMENT FROM THE CHIEF, CIVILIAN PERSONNEL DIVISION, UNITED STATES COAST GUARD, ST. LOUIS, MISSOURI, UPON YOUR LETTER OF OCTOBER 22, 1955, IT IS STATED THAT THE JOB TO WHICH YOU TRANSFERRED JULY 1, 1942, IS NOT ONE OF THE CLASSES DESIGNATED IN THE ACT OF JUNE 28, 1940, AS ENTITLED TO OVERTIME COMPENSATION.

YOUR REQUEST FOR REVIEW AMONG OTHER THINGS STATES:

"MY TITLE WAS CHANGED MANY TIMES BUT IN ALL CASES MY DUTY WAS IN/CONNECTION WITH THE INSPECTION OF SHIPS; IN OTHER WORDS I WAS A SUPERVISING INSPECTOR WITH AN INTERNATIONAL DISTRICT RATHER THAN A DISTRICT CONSISTING OF AN AREA WITHIN THE U.S. I DID IN FACT INSPECT HOSPITAL AND TROOP SHIPS AT THE REQUEST OF THE TRANSPORTATION CORP, U.S. ARMY, AS WELL AS CARGO AND TANKSHIPS.'

THE ACT OF JUNE 3, 1941, 55 STAT. 241, AUTHORIZES OVERTIME COMPENSATION TO BE PAID UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE TO "PER ANNUM EMPLOYEES IN THE FIELD SERVICE OF THE * * * COAST GUARD.' EXECUTIVE ORDER 8837 OF JULY 20, 1941, ISSUED UNDER THE FOREGOING STATUTE, AUTHORIZES OVERTIME COMPENSATION TO PER ANNUM EMPLOYEES IN THE FIELD SERVICES WHEN DESIGNATED BY THE HEAD OF THE DEPARTMENT AS PERFORMING WORK ESSENTIAL TO OR DIRECTLY CONNECTED WITH THE EXPEDITIOUS PROSECUTION OF THE WORK REQUIRED OF EMPLOYEES UNDER SECTION 5/A) OF THE ACT OF JUNE 28, 1940. YOUR SERVICES AS ASSISTANT TO ASSISTANT DIRECTOR WERE NOT IN THE FIELD SERVICE AND ACCORDINGLY DID NOT COME WITHIN THE PURVIEW OF THE ACT OF JUNE 3, 1941, OR EXECUTIVE ORDER 8837.