Aldridge v. United States

479 F.2d 1365, 202 Ct. Cl. 365, 1973 U.S. Ct. Cl. LEXIS 76
CourtUnited States Court of Claims
DecidedJune 20, 1973
DocketNo. 411-66; No. 426-69
StatusPublished
Cited by7 cases

This text of 479 F.2d 1365 (Aldridge v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aldridge v. United States, 479 F.2d 1365, 202 Ct. Cl. 365, 1973 U.S. Ct. Cl. LEXIS 76 (cc 1973).

Opinion

Per Curiam :

These cases come before the court on plaintiffs’ exceptions to a recommended decision filed November 24, 1972, by Trial Commissioner Mastin G. White pursuant to Rule 134(h). The court has considered the cases on the briefs and oral argument of counsel. Since the court agrees with the decision, as hereinafter set forth, it hereby affirms and adopts the same as the basis for its judgment in this case. Therefore, plaintiffs are not entitled to recover and the petitions are dismissed.

[367]*367OPINION OP COMMISSIONER

White, Oommissioner;

In these two civilian pay cases, which were consolidated for trial purposes, a total of 89 plaintiffs are suing the defendant for additional compensation with respect to the period that began on January 9, 1964, and ended on June 1,1964.

It is my opinion that the plaintiffs are not entitled to recover.

At the time that is involved in the present litigation, the plaintiffs were working as civilian policemen in the Canal Zone and were assigned to the Cristobal Police District. The entire Canal Zone, covering a geographical area of approximately 550 square miles, was divided into two police districts, the Cristobal Police District, on the Caribbean side of the Canal Zone, and the Balboa Police District, on the Pacific side of the Canal Zone. The Cristobal Police District covered an area of approximately 355 square miles.

Because of incursions into the Canal Zone by riotous and destructive Panamanian mobs over a period of several days beginning on January 9, 1964 (see findings N-6), and because of subsequent apprehension concerning the possible renewal of such trouble, the plaintiffs and other police personnel assigned to the Cristobal Police District (as well as police personnel assigned to the Balboa Police District) were required to perform many hours of overtime duty during the period that began on January 9, 1964, and ended on June 1,1964 (see findings 7 and 8). Throughout this period, the plaintiffs received their regular pay for hours on duty up to 8 in a day and 40 in a week, and they received overtime pay for all time on duty in excess of 8 hours in any day or in excess of 40 hours in any week.

The plaintiffs contend in the present action, however, that the restrictions which were imposed by competent authority on their personal activities during their off-duty time were of such a nature that, except for the time spent in eating and sleeping, they should be regarded as having been on “standby duty” all the time when they were technically off duty during the period January 9-June 1, 1964; and, therefore, that [368]*368all of their off-duty time during the period in question actually constituted compensable hours of work, with the exception of the time spent in eating and sleeping.

'Because it was thought necessary that policemen of the Cristobal Police District, while off duty during the period in question, should be available for an immediate call to duty if an emergency should arise, the following restrictions were imposed by competent authority on the personal activities of the policemen while in an off-duty status:1

(1) They were forbidden to go outside the geographical boundaries of the district.

;(2) They were required to be either at their quarters or at some other place within the district where they could be reached by telephone for an immediate call to duty.

(3) A policemen, before leaving his quarters to go to another place that had a telephone, was required to telephone the Desk 'Sergeant at the Cristobal Police ‘Station, inform him of such intention, and furnish him the telephone number of the place to which the policeman was going.

(4) A policeman, upon returning to his quarters from another place, was required to telephone the Desk Sergeant and inform him of such return.

With respect to geographical restriction (1) previously mentioned, the District Police Commander in charge of the Cristobal Police District had the authority to permit a policeman to leave the district if the official believed that such an exception was warranted by an emergency situation; and on one occasion the District Police Commander did permit a plaintiff to go into the Balboa 'Police District for a few hours on an off-duty day. Also, after April 2, 1964, policemen of the Cristobal Police District who were scheduled for leave in the United States were allowed to go to the United States in accordance with the schedule.

As the plaintiffs and other policemen of the Cristobal Police District were forbidden during the period January 9-June 1,1964, to spend off-duty time at places (even if within the district) that did not have telephones, the plaintiffs and [369]*369tbeir colleagues were denied tbte privilege of participating in such, recreational activities within the district as hunting, fishing, boating, picnicking, and going to the beach while off duty.

On the other hand, the plaintiffs (and their colleagues) actually had great freedom of movement and activity within the district while off duty during the period in question, since the Cristobal Police District covered approximately 355 square miles and there were many different types of places within the district which were equipped with telephones and to which off-duty policemen were free to go during their off-duty time, provided they notified the Desk Sergeant at the Cristobal Police Station in advance of such intention. Included among the places to which policemen were free to go and spend off-duty time were churches, commissaries (grocery stores), theatres, barber shops, cleaning and pressing shops, bowling alleys, social clubs, golf clubs, swimming pools, hobby shops, a clothing store, a first-aid station, a gymnasium, a library, a hospital, and a YMCA. In addition, virtually all of the civilian and military quarters located within the Cristobal Police District were equipped with telephones, and off-duty policemen were free to visit the homes of their friends within the district. Also, there were schools at each of the civilian communities within the Cristobal Police District, the schools were equipped with telephones, and policemen could visit the schools if they had occasion to go there during off-duty time (e.y., to attend PTA meetings).

If the off-duty time of the plaintiffs during the period January 9-June 1,1964, constituted “hours of work” because of the restrictions imposed by competent authority on the plaintiffs’ personal activities, the Canal Zone Government was obligated by 5 U.S.C. § 911 (1964)2 to compensate the plaintiffs for their off-duty time (with the exception of time devoted to eating and sleeping). However, it is my opinion that considerable violence to the English language would be done by a holding to the effect that the plaintiffs were engaged in “work” for the Government while they were attend[370]

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Bluebook (online)
479 F.2d 1365, 202 Ct. Cl. 365, 1973 U.S. Ct. Cl. LEXIS 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aldridge-v-united-states-cc-1973.