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

B-201250,B-201252,B-203524,B-204298 1 (1981-09-22)

handle is hein.gao/gaobadjsy0001 and id is 1 raw text is: 0,9 -%LE C' /C?~~ -) THE COlPTROLER GENERAL DECISION * o OF THE UNITED STATES WAS HINGTON, 0.C. 20548 FILE: B-201252, B-201250, DATE: September 22, 1981 B-203524, and B-204298 MATTER OF: James Jones, et al. - Overtime pay - Evidence to support claim DIGEST: In the absence of official records, claims of Army employees for overtime pay may be paid under best available evidence rule to the extent that the work schedules substan- tiate the employees' claims. The issue presented here is whether the evidence submitted by 22 employees of the Food Service Division, Womack Army Hospital, Fort Bragg, North Carolina, for overtime pay, for the years prior to 1975, is suffi- cient to support their claims. For the reasons set forth below, we hold that the evidence is sufficient to support payment of the claims. These claims arose out of our decision, Council and Washburn, 58 Comp. Gen. 347 (1979), in which we held that these same employees who frequently worked two 8-hour shifts within a 24-hour period, but not within the same calendar day, were entitled to over- time compensation for work in excess of 8 hours during the day which was defined in the collective-bargain- ing agreement. The record showed that since 1968 the Food Service Division scheduled its employees on an early/late tour of duty involving two overlapping shifts, 0500 to 1330 and 1100 to 1930 daily. It was determined that approximately four times per pay period, employees who worked the 1100 to 1930 shift one day would work the 0500 to 1330 shift the fol- lowing day. This would result in 6 hours of overtime for the employeet on the second day if the definition of workday, contained in the collective-bargaining aggreement, was applicable. We held that since the Army had the discretion to establish work schedules and order and approve overtime, the Army had apparent- ly exercised that discretion by entering into the collective-bargaining agreement which defined a work- day as the 24-hour period beginning with the employee's shift. In effect, the Army had also authorized overtime work where the employee worked more than 8 hours during a 24-hour period. ~q

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