B-149425, OCT. 8, 1962

B-149425, OCT. 8, 1962

TO MR. MURRAY E. GOTTESMAN:

YOUR LETTER OF JUNE 28, 1962, ASKS IN VIEW OF CERTAIN WRITTEN INSTRUCTIONS, COPIES OF WHICH YOU HAVE FURNISHED, THAT WE RECONSIDER THE CLAIMS OF LAWRENCE R. BILELLO, CHARLES JOHNSON, VICTOR SCHOENENBERGER, ARTHUR DIANOTTO, SALVATORE C. PIPITONE, AND MATALO MANNINO, FOR ADDITIONAL COMPENSATION.

THE RECORDS SHOW THAT EACH OF THE CLAIMANTS NAMED ABOVE HAVE EXECUTED A POWER OF ATTORNEY AUTHORIZING YOU TO REPRESENT THEM IN CONNECTION WITH THEIR CLAIMS. FURTHER, THE RECORDS SHOW THAT OUR CLAIMS DIVISION DISALLOWED THE CLAIMS OF LAWRENCE P. BILELLO, SALVATORE C. PIPITONE, ARTHUR DAINOTTO, AND CHARLES JOHNSON, BECAUSE THE DEPARTMENT OF THE NAVY REPORTED THAT THE OVERTIME CLAIMED HAD NOT BEEN AUTHORIZED. WE HAVE NO RECORD OF CLAIMS FROM NATALE MANNINO AND VICTOR SCHOENENBERGER. THE ONLY INFORMATION WE HAVE FROM THOSE PERSONS IS THE POWER OF ATTORNEY EXECUTED BY EACH OF THEM DESIGNATING YOU TO REPRESENT THEM BEFORE OUR OFFICE.

THE INFORMATION FURNISHED WITH YOUR LETTER OF JUNE 28, 1962, CONTAINED IN THE COPIES OF THE TWO LETTERS SIGNED BY A. ARTHUR PALMA, QUARTERMAN, SHIP MAINTENANCE MECHANIC, IS TO THE EFFECT THAT CERTAIN EMPLOYEES WERE DIRECTED BY THE LETTER DATED AUGUST 13, 1946, TO MUSTER FOR ROLL CALL ALL ASSIGNED EMPLOYEES 15 MINUTES BEFORE THE START OF THE SHIFT AND CERTAIN OTHER EMPLOYEES WERE DIRECTED BY THE LETTER DATED NOVEMBER 18, 1946, TO REPORT AT LEAST 30 MINUTES BEFORE THE START OF THEIR WATCHES AND REMAIN UNTIL ALL MEN ON THEIR WATCHES HAD PUNCHED OUT. IN VIEW OF THE NATURE OF THE INFORMATION FROM THE DEPARTMENT OF THE NAVY IN CONNECTION WITH THE MATTER, WE WERE REQUIRED TO SECURE FURTHER INFORMATION FROM THE DEPARTMENT OF THE NAVY. WE HAVE RECEIVED A REPORT THEREON WHICH READS, IN PERTINENT PART, AS FOLLOWS:

"NAVAL SHIPYARD ORDER NO. 60-46 OF 7 MAY 1946 * * * AUTHORIZED OVERTIME NOT IN EXCESS OF 8 HOURS IN A 40 HOUR WEEK WHERE IT WAS NECESSARY TO WORK A LIMITED NUMBER OF EMPLOYEES IN THE CASE OF URGENT OR EMERGENCY JOBS. THIS COULD BE AUTHORIZED ONLY BY THE HEAD OF THE DEPARTMENT AND THERE IS NO RECORD OF SUCH AUTHORIZATION. THE ADMINISTRATIVE OFFICER HAD COGNIZANCE AND RESPONSIBILITY OF ALL SHIP MAINTENANCE MECHANICS UNTIL MAY 1950, AT WHICH TIME THAT RESPONSIBILITY WAS TRANSFERRED TO THE PRODUCTION OFFICER. AS STATED IN ENCLOSURE (3), IT WAS A PRODUCTION DEPARTMENT POLICY OF HAVING THE SHIP MAINTENANCE MECHANICS WORK ONLY THE REGULAR ASSIGNED SHIFTS WITH NO OVERTIME REQUESTED, SCHEDULED, OR ORDERED.'

THE PRODUCTION OFFICER REPORTS, IN PART:

"2. BASED ON A THOROUGH INVESTIGATION, IT WAS REVEALED THAT THE ADMINISTRATIVE OFFICER HAD COGNIZANCE AND RESPONSIBILITY OF ALL SHIP MAINTENANCE MECHANICS UNTIL MAY 1950, AT WHICH TIME THAT RESPONSIBILITY WAS TRANSFERRED TO THE PRODUCTION OFFICER. THE LATTER ASSIGNED THE SHIP MAINTENANCE MECHANICS TO SHOP 72 IN MAY 1950 CHANGING THAT ASSIGNMENT A YEAR LATER, TO SHOP 99. THIS DEPARTMENT CANNOT, THEREFORE, MAKE ANY FACTUAL COMMENT RELATIVE TO MR. PALMA'S TWO NOTICES SINCE HE WAS NOT FUNCTIONING AS AN EMPLOYEE OF THE PRODUCTION DEPARTMENT IN 1946. * * *

"3. A FURTHER CHECK OF RECORDS DISCLOSED NO AUTHORIZED EXCEPTION TO THE PRODUCTION DEPARTMENT POLICY OF HAVING THE SHIP MAINTENANCE MECHANICS WORK ONLY THE REGULAR ASSIGNED SHIFTS WITH NO OVERTIME REQUESTED, SCHEDULED, OR ORDERED. IN SUMMARY, THE CLAIMANTS HAVE NOT WORKED OVERTIME BETWEEN MAY 1950 AND 1959.'

YOU WILL SEE FROM THE INFORMATION FURNISHED BY THE DEPARTMENT OF THE NAVY THAT NO BASIS EXISTED IN VIEW OF NAVAL SHIPYARD ORDER NO. 60 46 OF 7 MAY 1946, FOR THE ISSUANCE OF THE LETTERS OF AUGUST 13 AND NOVEMBER 18, 1946. ON DISPUTED QUESTIONS OF FACT BETWEEN THE CLAIMANTS AND THE ADMINISTRATIVE OFFICERS OF THE GOVERNMENT THE ESTABLISHED RULE OF THE ACCOUNTING OFFICERS IS TO ACCEPT THE STATEMENT OF FACTS AS FURNISHED BY THE ADMINISTRATIVE OFFICERS IN THE ABSENCE OF EVIDENCE TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. 31 COMP. GEN. 288. THE COPIES OF THE LETTERS FURNISHED BY YOU CANNOT BE ACCEPTED AS OVERCOMING THE OFFICIALLY ESTABLISHED POLICY REGARDING THE AUTHORIZING OF OVERTIME AS REFLECTED BY NAVAL SHIPYARD ORDER NO. 60-46 OF 7 MAY 1946.

IN VIEW OF THE FOREGOING AND UPON THE PRESENT RECORD, OUR SETTLEMENT DISALLOWING THE CLAIMS OF LAWRENCE R. BILELLO, SALVATORE C. PIPITONE, ARTHUR DAINOTTO, AND CHARLES JOHNSON, MUST BE SUSTAINED.