About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-186796 1 (1976-09-21)

handle is hein.gao/gaobadcyp0001 and id is 1 raw text is: 5 'i-THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: DATE:S ' B-186796 MATTER OF: Otis T. Stoddard, Jr., Alfred A. Baker, Victor J. Billings, Jr. - Request for DIGEST: waiver of erroneous overpayment of pay Federal employees request waiver of debt arising because of overpayment of salary due to administrative failure to terminate night differential upon transfer of workshift and location and failure to substitute partial night differential for hours worked after 6 p.m. Claims against employees are waived under authority of 5 U. S. C. § 5584 (1970) under circumstances where administrative deter- mination is made that employees are free from fault in the matter and where facts show the Government must share a part of the respon- sibility for the overpayments. This action is in response to a request made by Messrs. Otis T. Stoddard Jr., Alfred A. Baker, and Victor J. Billings, Jr., for reconsideration of the decision of our Claims Division denying their request for waiver of over- payment pursuant to 5 U. S. C. § 5504 (1970). This matter was forwarded by letter dated March 10, 1976, from the United States Department of the Navy, Naval Air Systems Command, Washington, D. C. The employees perform lithographic work at the Naval Air Systems Command, Jefferson Plant, Washington, D. C. They were originally employed at the Main Navy location of the Com- mand, where a straight 8-hour night-shift differential was paid. In May 1970, the Command moved to Jefferson Plaza but the 8-hour night shift was unable to continue because the air condi- tioning unit at Jefferson Plaza was closed down at 7:30 p.m. The Civil Service Commission regulations in effect at the time, Federal Personnel Manual Supplement 532-1, subchapter S8-4, para. c (Inst. 1, February 21, 1969) provided that an authorized night-shift differential will be paid for the entire shift when half or more of the regularly scheduled hours fall between the hours of 6 p.m. and 6 a.m. When less than half of the regularly sched- uled hours fall between 6 p.m. and 6 a.m. the employee will be paid the authorized night-shift differential for each hour of work performed between those hours. Since the employees here worked

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most