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B-186957 1 (1977-02-09)

handle is hein.gao/gaobadecf0001 and id is 1 raw text is: 





                                                     Charles Browne
 4tS                                                       CiY.Pers.
                               o\ THE COMPTROLLER URNERAL
 a' DECISION . .'4.J OP THE UNITNO STATEa
                                         WASHINGTON, D.C. a054



             FILE; - B-186957-                  DATE:  Nbruary  9, 197'

.            MATTER OF:      Felipe Lagnas - Overtime Compensation


             DIGEST:     Philippine national employed as security
                         guard at U.S. Naval Base in Philippines
                         seeks overtime compensation for preshift
                         muster and late relief resulting from use
                         of Governent  transportation. In identical
                         case involving same administrative report,
                         B-118417, December 3, 1974, we disallowed
                         appeal of fellow guard., Facts ihow that
                         international agreements and U.S. law
                         require Navy to pay overtime in conformance
                         with local practice. Local practice in
                         Philippines is not to pay overtime for
                         muster anad late relief. Certificate of
                         settlement affirmed.

                By a letter dated April 5, 1976, W'. Felipe Lagnas,a Philippine
            national, appealed Certificate of Settlement No. Z-2415686, issued
            October 20, 1972, by our.Transportation ard Claims Division (now
            Claims Division) which d:.sallowed his claim for overtime compen-
            sation. The claim based on muster time and late relief arose
            incident to his employment as a civilian security guard at the
            U.S. Naval Base, Subic Bay, Philippines, from the time he was hired
            to the present.

                Mr. Lagnas is claiming 45 minutes daily for muster and late
            relief for the period of his employment as a civilian security
            guard. He contends that the guards were required to report for
            duty prior to the beginning of their assigned shifts so that they
            could stand inspection, be advised of any special instructions, and
            drar their weapons. In addition, he contends that, because 'of
            the transportation arrangenents, the relief guards.were usually
            late in arriving at their posts. He estimated that the preshift
            duties amounted to about 15 minutes per day and the late relief
            time was about 30 minutes per day.

                In 8-118417, December 3, 1974, we considered the appeal of a
            certificate of settlement issued to a fellow guard of the claimant,
            based on Identical facts including the same administrative report.
            The facto in that decision (copy ehclosed) show that the Navy
            under applicable laws, regulations, treaties, and employment
            agreements pays overtime in conformity with local practice and that







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