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DATE: December 20, 29r7
Ambrose W. J. Clay et al. - Overtime Compensation
Payment of overtime claims presented by employees
of the Veterans Administration Hospital on the
basis of Eugie L. Ba lor v. United States,
198 Ct. Cl. 331 (1972, for uniform chtnging
time may not be allowed. Irreconcilable conflict
exists between employees and agency version of
che facts. GAO decidet claims on basis of written
record and does not conduct adversary hearings.
Where factual dispute cannot be resolved without
adversary proceeding, GAO's practice is to resolve
such disputes in Covernment's favor.
This action is.a consideration of the claims of Messrs. Ambrose W.
J. .Clay, WilLiam Ellis, Arnold Sloss, James Spencer, and Richard 0.
Yates for overtime compensation for performance of preliminary and
postliminary functions as employees of the Veierans Administration
(VA) HospitaL, Nash-rile, Tennessee. The claims are made on the
basis of the holding by the Court of Claims in Eugie L. Baylor et al. V.
United'States, 198 Ct. Cl. 331 (1972). Mr. Clay's claim is an
appeal from our Claims Division settlement dated November 30, 1976,
disallowing his claim.
The record shows that the claimants have been employed by the
VA as operating r-om staff personnel in the Surgical Service. The
Jobs -involved require a change from usual attire to an appropriate
uniform prior to the start of duty and change out of uniform at the
close of a work shift. The emploveos contend that the VA never
afforded time to complete their clothes change requirements, which
resulted in-them having to report 10 minutes earlier than the shift
actually began and remaining 10 minutes after it ended.
The hospital director reports that although the employees in
the operating room are re uired to be in the locker- rocm or the
operating room at the time their tour of duty is scheduled to begin,
they are then allowed a tasonsble amount of time (normally no more
than 10 minutes) to change into scrub clothes and report for assign-
ment. -The director further states that toward -the completion of
their tour of duty, they are relieved of their assignment in order
that they may change out of scrub clothes and report off duty at the
scheduled time. To our knowledge the claimants were never required to
dress outside of their tours of duty at anytime and not be compensated
therefor.
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FILE: 1-18461
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