Bowman v. United States

7 Cl. Ct. 302, 1985 U.S. Claims LEXIS 1065
CourtUnited States Court of Claims
DecidedJanuary 24, 1985
DocketNos. 393-82C, 394-82C and 395-82C
StatusPublished
Cited by2 cases

This text of 7 Cl. Ct. 302 (Bowman 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
Bowman v. United States, 7 Cl. Ct. 302, 1985 U.S. Claims LEXIS 1065 (cc 1985).

Opinion

OPINION

LYDON, Judge:

In these consolidated civilian pay actions, plaintiffs, civilian employees of the Department of the Army, Corps of Engineers, Pittsburgh District (Corps), seek to recover overtime compensation under the provisions of 5 U.S.C. § 5544(a) (1976).1

Plaintiffs’ position is that they are entitled to recover overtime compensation because they were required to remain on board the vessel on which they worked, during off-duty hours. Defendant, on the other hand, contends that plaintiffs were not required, within any sense of the applicable law, to remain on board the vessel during off-duty hours. Upon consideration of the entire trial record and after oral argument at the completion of the trial, the court finds that plaintiffs are not entitled to recover.

I.

The following narrative contains the court’s findings of fact.

Plaintiffs, Charles Robert Bowman (Bowman), Ralph E. Burwell (Burwell), and Kenneth F. Palmer (Palmer), during and throughout the 6 years preceding the filing of their complaints on August 9, 1982, worked in, on or around boats owned or used by the Corps. Plaintiffs claim that during the course of said employment they were required to remain on board the M/V (motor vessel) Chartiers even when not performing work incident to their employment. Plaintiffs seek to recover overtime compensation for those periods, during which they rarely performed work, when they were allegedly unable to leave the vessel. Plaintiffs maintain that their presence and availability on board the vessel during these off-duty periods benefited the Corps and was a burden to them.

Burwell had been employed by the Corps since 1976, and before, as a wage employee, Engineer-Diesel Electric. Burwell retired from his employment with the Corps effective January 26, 1984, although September 15,1983, was the last day he actually performed work for the Corps. Bowman and Palmer had been employed by the Corps since 1976, and before, as wage board employees, Derrickboat Operators. Both Bowman and Palmer were employed by the Corps at time of trial. During the claim period, plaintiffs, from time to time, were required to accompany work parties up and down the Allegheny, Monongahela and Ohio Rivers. This work assignment was known as “fleet duty.” These work parties performed tasks such as dredging and clearing the channel and repairing dam locks. The work party trips generally lasted for one or two weeks at a time..

Plaintiffs’ duties on the rivers, mentioned above, centered on the M/V Chartiers and two derrickboats, Derrickboat Monallo II and Derrickboat No. 7. The M/V Chartiers was used to tow the derrickboats and was also used to quarter and feed the work force. The M/V Chartiers was equipped with good kitchen and dining facilities and the Monallo and the M/V Chartiers were [304]*304both equipped with beds and lockers. The M/V Chartiers was in overall good to excellent condition and was repaired when needed. A cook was provided to prepare meals on the M/V Chartiers and a television set was also available on the vessel.2 A derrickboat is a floating crane. The derrick-boats were used to lift heavy equipment to and from the M/V Chartiers, other barges and boats, the shore, dams, locks and other places. They were also used to remove dead trees and other materials from the water (snagging) and in dredging operations.

From, and before, 1976, work on the river was generally conducted on a two-crew shift basis with 8 hours on (work) and 16 hours off (nonwork) for each shift, or a three-crew shift basis with each crew working 8 hours. Each crew shift included, at least, a master or pilot, an engineer and a deckhand for the M/V Chartiers, and an operator for the derrickboat. During the period from midnight (2400 hours) to 8:00 a.m. (0800 hours) the M/V Chartiers would usually be tied up somewhere with only a watchman on duty. However, if the site of the work was too far away from the Pittsburgh Engine Repair Station (PERS) a boatyard located on Neville Island, Pennsylvania (the plaintiffs duty station referred to as “home port”), to allow return travel within a reasonable time, work tours of 6 hours on and 6 hours off were also utilized prior to 1981. These shifts would begin and end as follows: 12:00 a.m. to 6:00 a.m.; 6:00 a.m. to 12:00 p.m.; 12:00 p.m. to 6:00 p.m. and 6:00 p.m. to 12:00 a.m. The record indicates that the 6 hours on — 6 hours off shifts were utilized a small percentage of the time, principally on dredging and snagging operations or occasionally in an emergency repair situation which necessitated traveling a great distance to reach the trouble spot.3 Where work was performed at a permanent location in conjunction with a shore-based work party, the 8-hour shift was customarily used. Since the beginning of 1981, however, the 8-hour shift, with 16 hours off, was the general work pattern followed except for certain emergencies when the 6-hour shift pattern was utilized.

The work shifts utilized were the result of the peculiar requirements of the work. Masters and pilots of vessels preferred the 6-hour shift pattern because piloting a vessel required continuous attention while the vessel was enroute and 6 hours at one time was a long enough duty period for this type of work.4 Further, some masters felt [305]*305the 6-hour shift made it more convenient to arrange meals. Most commercial tow boats on the rivers in question operated on a 6-hour shift pattern, known in the navigation industry as a “square shift.” On the other hand, plaintiffs favored at least an 8-hour shift pattern because it permitted them a longer period, after completion of their work shift, to go home, and remain there, before having to return to their work station on the river, i.e., aboard the M/V Chartiers and the derrickboats. Plaintiffs encountered difficulty, at times, in going home after their work shift was over if they had 6 rather than 16 off-duty hours, especially if they were a considerable distance from where their cars were parked, or their work position on the river was at a spot that was isolated from highways, etc. On weekends, if there was no emergency, Corps vans were generally provided to transport plaintiffs to and from the fleet location on the river after their shift was over to the area where their cars were parked.

On the 6-hour shift tour of duty, plaintiffs were in a work status for 12 hours, with the remaining 12 hours considered off-duty status. Plaintiffs were paid for 8 hours at straight time rates and 4 hours at overtime rates. While they were paid at overtime rates for all work in excess of 8 hours per day, they were also paid at overtime rates if they performed any unscheduled work during the off-duty period except in a few instances when an individual would work over into the next shift to help out a co-worker. Unscheduled overtime was ordinarily ordered before an employee went off his work shift. The evidence indicates that throughout the claim period on those rare occasions when plaintiffs were asked, prior to completion of their work shift, to work while on off-duty status, they were paid for this work at overtime rates. They were not paid for the time they were in an off-duty status and not working.

Employees who served aboard the M/V Chartiers and the derrickboats were informed prior to assuming their fleet work duties what the conditions of employment were.

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Cite This Page — Counsel Stack

Bluebook (online)
7 Cl. Ct. 302, 1985 U.S. Claims LEXIS 1065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowman-v-united-states-cc-1985.