B-177895, APR 6, 1973

B-177895, APR 6, 1973

STATUS OF OVERTIME CLAIM FOR SALARY FIXED BY CLASSIFICATION ACT V. PUBLIC LAW 575, 60 STAT. 747 - BARRING ACT REVIEW OF DISALLOWANCE OF CLAIM FOR OVERTIME AND NIGHT DIFFERENTIAL. DISALLOWANCE SUSTAINED BECAUSE CLAIMANT'S SALARY RATES WERE FIXED BY CLASSIFICATION ACT AND NOT SPECIAL LAW RELATING TO EMPLOYEES IN CERTAIN TRADES OR OCCUPATIONS WHOSE COMPENSATION WAS FIXED BY WAGE BOARDS OR OTHER WAGE-FIXING AUTHORITY.

TO MR. RAYMOND L. O'NEALL:

THIS IS IN REPLY TO YOUR LETTER DATED DECEMBER 12, 1972, REFERRING TO OUR LETTER OF NOVEMBER 16, 1972, TO THE HONORABLE LLOYD MEEDS, HOUSE OF REPRESENTATIVES, CONCERNING YOUR REQUEST FOR INFORMATION REGARDING YOUR CLAIM FOR ADDITIONAL PAY INCIDENT TO YOUR EMPLOYMENT BY THE WAR DEPARTMENT AT THE BELLINGHAM AIRPORT, WASHINGTON, DURING WORLD WAR II.

OUR LETTER STATED THAT SINCE YOU HAD NOT PRESENTED A CLAIM TO OUR OFFICE WITHIN 10 YEARS FROM THE DATE IT WAS ALLEGED TO HAVE ACCRUED, ANY CLAIM PRESENTED TO THIS OFFICE AT THIS TIME WOULD BE BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. YOUR LETTER OF DECEMBER 12, 1972, STATES THAT A CLAIM WAS FILED ON YOUR BEHALF BY ATTORNEY VERN C. HENRY IN 1947 OR 1948. WE ARE UNABLE TO IDENTIFY ANY CLAIM FILED BY YOUR ATTORNEY. HOWEVER, OUR RECORDS INDICATE THAT YOU FILED A CLAIM FOR OVERTIME AND NIGHT DIFFERENTIAL PAY ALLEGED TO HAVE BEEN DUE UNDER THE PROVISIONS OF PUBLIC LAW 575, 79TH CONGRESS, APPROVED JULY 31, 1946, 60 STAT. 747, WITH THE CIVILIAN PAYROLL ADMINISTRATION DIVISION, ARMY FINANCE CENTER, WHICH WAS REFERRED TO OUR OFFICE FOR SETTLEMENT ON AUGUST 10, 1948.

THE RECORD INDICATES THAT YOUR CLAIM COVERED THE PERIOD APRIL 1, 1943, TO AUGUST 25, 1945, WHEN YOU WERE EMPLOYED BY THE WAR DEPARTMENT AS A FIREFIGHTER AT PAINE FIELD, EVERETT, WASHINGTON, AND THE ARMY AIR FIELD, BELLINGHAM, WASHINGTON, RESPECTIVELY. YOUR SALARY RATES WERE FIXED IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923, AS AMENDED. YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION SETTLEMENT CERTIFICATE DATED OCTOBER 15, 1948, COPY ENCLOSED, ON THE BASIS THAT YOUR SALARY WAS FIXED BY A SPECIFIC STATUTE AND PUBLIC LAW 575, SUPRA, RELATES ONLY TO THOSE GOVERNMENT EMPLOYEES AND FORMER EMPLOYEES IN CERTAIN TRADES OR OCCUPATIONS WHOSE COMPENSATION WAS FIXED BY WAGE BOARDS OR OTHER WAGE FIXING AUTHORITIES, AND WHO RECEIVED OVERTIME PAY IN ACCORDANCE WITH SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, FOR OVERTIME WORK PERFORMED AT NIGHT OR ON SHIFTS REQUIRING NIGHT WORK.

WE HAVE CONSIDERED YOUR LETTER AS A REQUEST FOR REVIEW OF THE DISALLOWANCE OF YOUR CLAIM. PUBLIC LAW 575, SUPRA, CONFERRED NO NEW OR ADDITIONAL RIGHTS TO OVERTIME COMPENSATION, BUT MERELY PROVIDED A MORE EXPEDITIOUS METHOD OF SETTLING CERTAIN CLAIMS BY EMPLOYEES WHOSE WAGES WERE FIXED BY WAGE BOARDS OR SIMILAR AUTHORITY, WHO WORKED NIGHT SHIFTS AND HAD BEEN PAID FOR OVERTIME, LEAVE OR HOLIDAY RATES APPLICABLE TO DAY WORK INSTEAD OF NIGHT WORK. SINCE YOUR SALARY RATES WERE FIXED PURSUANT TO THE CLASSIFICATION ACT, THE ABOVE-CITED ACT HAS NO APPLICATION TO YOUR CASE. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.