B-158582, FEB. 19, 1969
Highlights
ADVISED THAT WE WERE REFERRING THE MATTER TO THE DEPARTMENT OF THE NAVY FOR ANOTHER REPORT WHICH HAS NOW BEEN RECEIVED. THE DEPARTMENT OF THE NAVY AGAIN REPORTS THAT YOU HAVE BEEN COMPENSATED FOR ALL OVERTIME AND CALL-BACK TIME AUTHORIZED OR APPROVED AND THAT THE INSPECTION WORK PERFORMED BY YOU. WAS WITHIN YOUR PRESCRIBED TOUR OF DUTY AND WAS SUPPLEMENTAL TO YOUR PILOT WORK WHICH APPARENTLY DID NOT REPRESENT A FULL 8-HOUR DAY. NO RESPONSE WAS RECEIVED FROM HIM. A CONTACT WAS MADE WITH CAPTAIN J. WHO WAS THE COMMANDING OFFICER DURING THE PERIOD OF YOUR EMPLOYMENT AT MIDWAY. AS TO YOUR COMMENTS TO THE EFFECT THAT THERE IS NO AUTHORIZATION FOR THE GRANTING OF COMPENSATORY OVERTIME TO UNGRADED EMPLOYEES.
B-158582, FEB. 19, 1969
TO MR. VERNE WILLIAMSON:
YOUR LETTER OF OCTOBER 30, 1968, ASKS THAT FURTHER CONSIDERATION BE GIVEN YOUR CLAIM FOR COMPENSATION FOR OVERTIME INCLUDING CALL-BACK TIME ALLEGEDLY PERFORMED WHILE SERVING AS A HARBOR PILOT AT MIDWAY ISLAND FROM 1959 TO 1961. OUR LETTER OF DECEMBER 4, 1968, TO YOU, ADVISED THAT WE WERE REFERRING THE MATTER TO THE DEPARTMENT OF THE NAVY FOR ANOTHER REPORT WHICH HAS NOW BEEN RECEIVED.
THE DEPARTMENT OF THE NAVY AGAIN REPORTS THAT YOU HAVE BEEN COMPENSATED FOR ALL OVERTIME AND CALL-BACK TIME AUTHORIZED OR APPROVED AND THAT THE INSPECTION WORK PERFORMED BY YOU, REGULARLY OR FROM TIME TO TIME AS ADMINISTRATIVELY AUTHORIZED, WAS WITHIN YOUR PRESCRIBED TOUR OF DUTY AND WAS SUPPLEMENTAL TO YOUR PILOT WORK WHICH APPARENTLY DID NOT REPRESENT A FULL 8-HOUR DAY. WE REQUESTED THE NAVY DEPARTMENT TO CONTACT D. L. KERFOOT, LCDR, USN (RET.), WHOM YOU MENTIONED IN YOUR REQUEST FOR RECONSIDERATION, BUT NO RESPONSE WAS RECEIVED FROM HIM. A CONTACT WAS MADE WITH CAPTAIN J. B. BURKS, USN (RET.), WHO WAS THE COMMANDING OFFICER DURING THE PERIOD OF YOUR EMPLOYMENT AT MIDWAY. HE RESPONDED THAT YOU HAD PERFORMED VERY SATISFACTORILY IN ALL OF YOUR WORK THERE BUT THAT NO BASIS EXISTED FOR COMPENSATING YOU FOR THE OVERTIME AND CALL-BACK TIME CLAIMED.
AS TO YOUR COMMENTS TO THE EFFECT THAT THERE IS NO AUTHORIZATION FOR THE GRANTING OF COMPENSATORY OVERTIME TO UNGRADED EMPLOYEES, YOU MAY BE ADVISED THAT REGARDLESS THEREOF THIS HAS NOT PREVENTED THE COURTS AND OUR OFFICE FROM DEDUCTING FREE TIME FROM OVERTIME IN THE SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES.
IT LONG HAS BEEN THE RULE OF THIS OFFICE WHERE THE INFORMATION FURNISHED BY THE CLAIMANT AND THE ADMINISTRATIVE OFFICE IS CONTRADICTORY TO ACCEPT THE INFORMATION OF THE ADMINISTRATIVE OFFICE IN THE ABSENCE OF EVIDENCE TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. NOTHING FURNISHED BY YOU SERVES TO OVERCOME THE REPORT OF THE DEPARTMENT OF THE NAVY.
IN VIEW THEREOF WE MUST SUSTAIN OUR DECISION B-158582, SEPTEMBER 4, 1968, AFFIRMING THE DISALLOWANCE OF YOUR CLAIM FOR COMPENSATION FOR OVERTIME AND CALL-BACK TIME DURING 1959 TO 1961 WHILE EMPLOYED AT MIDWAY ISLAND.