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B-215821, AUG 22, 1984, OFFICE OF GENERAL COUNSEL

B-215821 Aug 22, 1984
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KANSAS 66102 DEAR SENATOR DOLE: WE HAVE RECEIVED YOUR LETTER DATED JULY 2. ANY SUCH ENTITLEMENT WOULD HAVE ARISEN FROM MR. WHAT IS AT ISSUE IS OUR DECISION DEPARTMENT OF ENERGY POWER SYSTEMS DISPATCHERS. A COPY OF WHICH IS ENCLOSED. HOWLETT IS TO REPRESENT HIS FATHER IN THIS MATTER. THE REQUEST SHOULD STATE THE ERRORS BELIEVED TO HAVE BEEN MADE IN OUR PRIOR DECISION WHICH WOULD FORM THE BASIS FOR A RECONSIDERATION. WE HAVE ENCLOSED A COPY OF OUR PRIOR DECISION. A COPY OF WHICH IS ENCLOSED. THE BURDEN IS ON THE CLAIMANT TO ESTABLISH THE LIABILITY OF THE UNITED STATES AND THE CLAIMANT'S RIGHT TO PAYMENT. OUR DECISIONS ARE BASED ON THE WRITTEN RECORD ONLY. WE HOPE THAT THIS INFORMATION IS HELPFUL.

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B-215821, AUG 22, 1984, OFFICE OF GENERAL COUNSEL

PRECIS UNAVAILABLE

THE HONORABLE ROBERT DOLE UNITED STATES SENATOR FRANKLIN SAVINGS BUILDING 4655 STATE AVENUE KANSAS CITY, KANSAS 66102

DEAR SENATOR DOLE:

WE HAVE RECEIVED YOUR LETTER DATED JULY 2, 1984, IN WHICH YOU FORWARDED TO US AN INQUIRY FROM MR. KERRY D. HOWLETT REGARDING THE ENTITLEMENT OF HIS FATHER-- WAYNE S. HOWLETT-- TO OVERTIME COMPENSATION UNDER THE FAIR LABOR STANDARDS ACT (FLSA). ANY SUCH ENTITLEMENT WOULD HAVE ARISEN FROM MR. WAYNE S. HOWLETT'S EMPLOYMENT AS A MEAT GRADER WITH THE DEPARTMENT OF AGRICULTURE DURING THE PERIOD FROM MAY 1, 1974, TO JULY 1, 1975.

ESSENTIALLY, WHAT IS AT ISSUE IS OUR DECISION DEPARTMENT OF ENERGY POWER SYSTEMS DISPATCHERS-- ENTITLEMENT TO FLSA OVERTIME, 61 COMP.GEN. 152 (1981), IN WHICH WE DETERMINED NOT TO ORDER RETROACTIVE PAYMENTS OF FLSA OVERTIME FOR THAT PERIOD TO THOSE EMPLOYEES IN MR. WAYNE S. HOWLETT'S SITUATION. IF MR. KERRY D. HOWLETT WISHES TO SEEK RECONSIDERATION OF OUR DECISION, HE MAY DO SO IN A LETTER ADDRESSED TO THE COMPTROLLER GENERAL, SUBJECT TO THE CONDITIONS SET OUT BELOW.

BY TIMELY FILING HIS CLAIM WITH US PREVIOUSLY, MR. WAYNE S. HOWLETT HAS TOLLED THE RUNNING OF OUR STATUTE OF LIMITATIONS IN THIS MATTER. UNDER SECTION 31.3, 4 C.F.R.-- A COPY OF WHICH IS ENCLOSED-- A CLAIM FILED BY A AGENT OR ATTORNEY MUST BE SUPPORTED BY A DULY EXECUTED POWER OF ATTORNEY OR OTHER DOCUMENTARY EVIDENCE OF THE AGENT'S OR ATTORNEY'S RIGHT TO ACT FOR THE CLAIMANT. IF MR. KERRY D. HOWLETT IS TO REPRESENT HIS FATHER IN THIS MATTER, HE MUST COMPLY WITH THIS REQUIREMENT.

THE REQUEST SHOULD STATE THE ERRORS BELIEVED TO HAVE BEEN MADE IN OUR PRIOR DECISION WHICH WOULD FORM THE BASIS FOR A RECONSIDERATION. WE HAVE ENCLOSED A COPY OF OUR PRIOR DECISION, SO THAT THE LEGAL REASONING CONTAINED THEREIN MAY BE ADDRESSED.

FURTHER, WE NOTE THAT UNDER SECTION 31.7, 4 C.F.R.-- A COPY OF WHICH IS ENCLOSED-- THE BURDEN IS ON THE CLAIMANT TO ESTABLISH THE LIABILITY OF THE UNITED STATES AND THE CLAIMANT'S RIGHT TO PAYMENT. OUR DECISIONS ARE BASED ON THE WRITTEN RECORD ONLY.

WE HOPE THAT THIS INFORMATION IS HELPFUL.

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