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B-147880 1 (1976-07-08)

handle is hein.gao/gaobaddbf0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION ~OF THE UNITED STATES WASHINGT.ON, D.C. 20548 FIL E: DATE: MATTER OF: Overtime compensation * Civilan guards* Frankford Arsenal DIGEST: Under the doctrine of res tudicata- the overtime claims of members of the civilian security force employed by the Department of the Army at the Frankford Arsenal, whose claim were denied by the Court of Claims in bantom v. United States, 165 Ct. .l. 312 (1964), may not be reconsidered by the Army or the General Accounting Office. Under 28 U.S.C. 2519, the Court of Claims' determination in favor of the Govermment bars any further claim arising out of the same matter. This decialon involves the claimA of M1essrs. Generosa J. Foglia, Robert G. Rare and Daniel T. Pelligrine for overtime compensation in connection With duties performed as civilian security policemen employed by the Department of the lArgy at the FranfIord Arsenal, Philadelphia, Pennsylvania, The claims of these individuals and others similarly mployed were initially disallowed by our Claims Division in 1961. The disallowances of the claims of two of the employees similarly situated were sustained by our decisions B-145842, August 28, 1961, and B-147034, September 21, 1961. The claimants named above initiated appeals under the Court of Clais holding in EuZie L. Baylor et al. v. United Statest 198 Ct. Cl. 331 (1972) and our decision 53 Comp. Gen. 4839 (974). The claims in question have been forwarded to this Office by the Department of the Army as doubtful claims pursuant to B-174069, September 11, 1974, wierein we held that employing agencies should pay all appeals supported by facts meeting the bnvior case criteria and that only dubtful apeals should be forwarded for consideration by the Comptroller General. The Department of the Army is in doubt as to the proper disposition of thnese particular claims in part because they were considered and specifically denied by the Court of Claims in Valter E. Bautrn, Jr. et al. v. United States, 165 Ct. Cl. 312, cer. den. 379 U.S;. b9j (1964). These claims are representative of similar ones pending before the Department of the Army. Messrs. Foglia, Hart and Pelligrine were three of the 96 plaintiffs involved in the Bentom case, each of whom claimed a total of one hour per day overtime compensation, consisting of 30 minutes for early reporting and 30 nminutes for a lunch period which they claimed vas not duty-free. The Court of Claims denied their claim

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