Biggs v. United States

152 Ct. Cl. 545
CourtUnited States Court of Claims
DecidedMarch 1, 1961
DocketNo. 184-59
StatusPublished
Cited by9 cases

This text of 152 Ct. Cl. 545 (Biggs 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
Biggs v. United States, 152 Ct. Cl. 545 (cc 1961).

Opinion

Per Curiam

: This is a suit by wage board employees of the Department of the Navy to recover overtime pay.

Plaintiffs were employed at the Mare Island Ammunition Depot Annex, Vallejo, California, but on the days for which overtime pay is claimed they were detailed to work at the United States Naval Ammunition Depot, Concord, California. Concord was approximately 25 miles from Mare Island and approximately one hour was required to travel between the two locations. When employees at Mare Island were scheduled for work at Concord, free Government transportation by bus was provided, but there was no requirement that it be utilized; employees were free to use their private automobiles if they so desired.

Plaintiffs’ normal workday began at 7:30 a.m., but when detailed to Concord their actual workday commenced at 8:30 a.m., although they were paid for the hour from 7:30 a.m. to 8:30 a.m. which was spent in travel. Plaintiffs worked until 4:15 p.m., at which time the normal workday was completed. Government transportation was again made available for travel back to Mare Island, the arrival time there being approximately 5:15 p.m.

Plaintiffs seek to recover overtime pay, as provided for by 5 U.S.C. § 913 (1958 Ed.), for the one hour travel time from Concord back to Mare Island after the close of the normal workday. This section provides that wage board employees shall be entitled to overtime pay in accordance with section 673c, which provides for overtime pay at not less than time and one-half.

We do not think they are entitled to recover. 5 U.S.C. § 912b (1958 Ed.), applicable to classified workers, provides for payment for travel time outside the usual hours of work on a regularly scheduled workday, only where such travel [547]*547involves wort enronte or is carried out under arduous conditions. While this statute does not apply to employees whose compensation is fixed by wage boards, the regulations of the Department of the Navy set up the same standards for wage board employees. (See Finding 8.) This regulation is sensible, and is binding on employees accepting employment after its promulgation. However, plaintiffs performed no work enroute home, nor was that travel under arduous conditions. Government transportation by bus was furnished, but plaintiffs were free to travel to and from work in their private automobiles, if they chose to do so. There was nothing arduous about it, at least no more so than travel on a crowded city bus, which countless employees do every day.

A somewhat similar question was before this court in Aheam v. United States, 142 Ct. Cl. 309, cert. denied, 364 U.S. 932. There plaintiffs, firefighters at the United States Naval Base at Newport, Bhode Island, claimed that time spent by travel in boats furnished by the Navy to and from island fire stations was “employment” under section 201 of the Federal Employees Pay Act of 1945, and was compensable as overtime. We held that it was not, stating at page 313:

We think the time spent in this travel is no more com-pensable than the time spent by any employee in going from his home to his work.

See also Post v. United States, 121 Ct. Cl. 94, 98-99; Sirmon v. Cron & Gracey Drilling Corp., 44 F. Supp. 29, 31; Dollar v. Caddo River Lbr. Co., 43 F. Supp. 822.

Plaintiffs are not entitled to recover. Their petition will be dismissed.

It is so ordered.

EINDINGS OF FACT

The court, having considered the evidence, the report of Trial Commissioner, C. Murray Bernhardt, and the briefs and argument of counsel, makes findings of fact as follows:

1. Plaintiffs were at all times material herein employed by the Department of the Navy at the United States Naval Ammunition Depot-Concord with Mare Island Annex, Cali[548]*548fornia. Plaintiffs were wage board employees whose principal duties involved ammunition production work and handling.

2. On December 23, 1957, the Naval Ammunition Depot Mare Island, Vallejo, California, was consolidated with the Naval Magazine, Port Chicago, California, under a single command, and redesignated and renamed the United States Naval Ammunition Depot-Concord with Mare Island Annex. Prior to consolidation the Naval Ammunition Depot Mare Island was primarily a facility for renovation of gun ammunition although it had the capacity for assembly of new and complete rounds of ammunition. However, in 1957 the Bureau of Ordnance, Department of the Navy, began a new policy of assigning all new ammunition work to inland depots. This policy had its effect on the Mare Island Depot and production work there dropped to a point where it was impossible to achieve economical utilization of manpower and facilities. Conversely, the Naval Magazine Port Chicago was subjected to frequent periods of peak workload at the piers in accomplishing its mission of meeting ammunition transshipment demands of the Naval fleet. To meet manpower requirements during these periods of heavy ship loading, civilian personnel, trained in the rudiments of ammunition handling, were called upon to provide the necessary manpower reserve. By consolidating the Naval Ammunition Depot Mare Island and the Naval Magazine Port Chicago the Navy was able to generate the needed reserve manpower pool for periods of peak pier workload at Concord and at the same time stabilize the workload at the Mare Island Depot.

3. (a) It was evident that Concord would be assuming new missions of high priority and accordingly it was deemed advantageous to protect and maintain the highly skilled personnel at the Mare Island Depot for future reassignment to this area as the conventional ammunition work branched out at Concord.

(b) Prior to consolidation, a reduction in force of personnel at the Naval Magazine Port Chicago was effected. Production workers at Mare Island Depot were not subject to any reduction in force action despite the fact that pro[549]*549grammed workload at Mare Island would not support the labor force there. Maximum job protection to the production workers was assured from the outset of consolidation by having these workers commute to Concord as the workload shifted to that location.

4. To meet peak ship loading requirements at Concord and to assure that the maximum labor force of the Command was utilized, production workers from Mare Island were to be detailed on a rotational basis to Concord. Every effort was made to see that these work details would result in minimum hardships to Mare Island personnel. Several methods were considered in this regard. One method would be to periodically adjust the labor force at both locations and reassign Mare Island personnel to Concord. As both Mare Island and Concord were in the same commuting area, the employee would then, if he desired to remain employed by Concord, be required to travel on his own time and at his own expense to Concord and work a full eight hour day. This would have been the most economical method. Another method would be to detail personnel to Concord and pay mileage for travel by private conveyance. This would require the employee to travel on his own time and work a full eight hour day. Again, the tendency of the workers to commute by means of car pools would reduce the mileage payments required by this method.

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Bluebook (online)
152 Ct. Cl. 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/biggs-v-united-states-cc-1961.