B-147190, FEB. 28, 1964

B-147190, FEB. 28, 1964

TO MR. JOHN S. BRADFORD:

ON OCTOBER 25, 1963, YOU REQUESTED US TO RECONSIDER THE CONCLUSION STATED IN OUR LETTER OF DECEMBER 1, 1961, TO YOU, TO THE EFFECT THAT YOUR CLAIM OF JANUARY 31, 1950, WAS ONE FOR TWO DAYS' EXTRA COMPENSATION UNDER THE ACT OF MARCH 2, 1931, FOR SUNDAY AND HOLIDAY WORK AS AN EMPLOYEE OF THE IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE, AND NOT FOR OVERTIME COMPENSATION SUCH AS WOULD STOP THE RUNNING OF THE TEN-YEAR PERIOD SPECIFIED IN THE ACT OF OCTOBER 9, 1940, FOR FILING CLAIMS IN THE GENERAL ACCOUNTING OFFICE. YOU SAY THAT WE FAILED TO QUOTE IN OUR LETTER THE FIRST PARAGRAPH OF YOUR 1950 CLAIM LETTER AND YOU CONTEND IN SUBSTANCE THAT SAID PARAGRAPH WAS SUFFICIENT TO TOLL THE TEN-YEAR STATUTE OF LIMITATIONS WITH RESPECT TO THE CLAIM YOU NOW HAVE ASSERTED FOR OVERTIME COMPENSATION UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945.

THE PARAGRAPH IN QUESTION, TOGETHER WITH THE PORTION OF YOUR CLAIM LETTER PREVIOUSLY QUOTED IN OUR LETTER OF DECEMBER 1, 1961, ARE AS FOLLOWS:

"I HEREBY MAKE CLAIM FOR EXTRA COMPENSATION DUE ME, AS A PATROL INSPECTOR, U.S. IMMIGRATION AND NATURALIZATION SERVICE BORDER PATROL, UNDER ACT OF MARCH 2, 1931 (U.S.C. 109A OR 46 STAT. 1467) AND THE MEYERS DECISION (U.S. VS MEYERS, 320 U.S. 561) AND THE RENNER-KRUPP DECISION (U.S. COURT OF CLAIMS, MAY 6, 1946, NUMBERS 46368 AND 46355) AND THE COMPTROLLER'S DECISION OF APRIL 22, 1931 AND SEPT. 30, 1946 (B-60339) AND ANY OTHER COURT DECISIONS THAT ARE APPLICABLE. AND ANY RULINGS THAT APPLY.

"/1) SUNDAY AND HOLIDAYS COMPENSATION AS FOLLOWS:

"/A) TWO DAYS PAY FOR DUTY OF AT LEAST ONE HOUR AND NOT MORE THAN EIGHT HOURS, WITHIN THE 24 HOUR PERIOD FROM MIDNIGHT TO AND INCLUDING MIDNIGHT:

"/B) TWO DAYS PAY FOR DUTY OF AT LEAST ONE HOUR AND NOT MORE THAN EIGHT HOURS, WITHIN THE 24 HOUR PERIOD FROM 12 MIDNIGHT TO AND INCLUDING MIDNIGHT--- LESS EXTRA COMPENSATION PREVIOUSLY PAID ME AT THE "OVERTIME" RATE OF ONE-HALF DAY'S PAY FOR EACH TWO-HOUR PERIOD ON SUCH DAYS WHEN I RECEIVED LESS THAN FOUR ONE-HALF DAYS UNITE (SIC) OF PAY:

"/C) TWO DAYS PAY FOR DUTY OF AT LEAST ONE HOUR AND NOT MORE THAN EIGHT HOURS, WITHIN THE 24 HOUR PERIOD FROM 12 MIDNIGHT TO AND INCLUDING MIDNIGHT ON WARTIME HOLIDAYS, THAT IS, HOLIDAYS DECLARED REGULAR WORKING DAYS BY ADMINISTRATIVE ORDER (JAN. 1, 1942 THROUGH JULY 5, 1945).'

WE REGARD THE QUOTED FIRST PARAGRAPH AS MERELY RECITING THE AUTHORITIES UPON WHICH YOU RELIED FOR THE ALLOWANCE OF THE CLAIM FOR THE TWO DAYS' EXTRA COMPENSATION FOR SUNDAY AND HOLIDAY WORK THEREAFTER SPECIFIED IN DETAIL AND NOT AS HAVING ANY EFFECT TO ENLARGE THE SCOPE OF YOUR SPECIFIC CLAIM. THEREFORE, OUR PREVIOUS ACTION IS SUSTAINED.

REFERRING TO YOUR STATEMENT TO THE EFFECT THAT IN 1950 THE FEDERAL EMPLOYEES PAY ACT OF 1945 PROVIDED FOR 15 PERCENT PREMIUM COMPENSATION, WE POINT OUT THAT SUCH PREMIUM COMPENSATION WAS AUTHORIZED FOR THE FIRST TIME BY A STATUTE APPROVED SEPTEMBER 1, 1954 (PUBLIC LAW 763), AND THAT THE IMMIGRATION AND NATURALIZATION SERVICE DID NOT BEGIN TO PAY IT UNTIL APRIL 24, 1955.

WE HAVE NOT AS YET DECIDED WHAT ACTION WE WILL TAKE ON CLAIMS SUCH AS YOURS IN THE LIGHT OF THE DECISION OF THE UNITED STATES COURT OF CLAIMS ON JULY 12, 1963, IN THE CASE OF KENNETH S. ADAMS, ET AL. V. UNITED STATES, (CT.CL. NO. 66-59), CITED BY YOU, AND OTHERS, SINCE NO FINAL MONEY JUDGMENTS HAVE BEEN ISSUED IN ANY OF THOSE CASES. WHEN A DECISION IS REACHED AS TO THE ACTION TO BE TAKEN ON CLAIMS OF THIS CLASS PENDING HERE, YOUR CLAIM WILL BE PROCESSED ALONG WITH THE OTHERS.