Graham v. United States

3 Cl. Ct. 791, 1983 U.S. Claims LEXIS 1557, 99 Lab. Cas. (CCH) 34,476
CourtUnited States Court of Claims
DecidedNovember 30, 1983
DocketNo. 358-81C
StatusPublished
Cited by3 cases

This text of 3 Cl. Ct. 791 (Graham 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
Graham v. United States, 3 Cl. Ct. 791, 1983 U.S. Claims LEXIS 1557, 99 Lab. Cas. (CCH) 34,476 (cc 1983).

Opinion

MEMORANDUM OF DECISION

WHITE, Senior Judge.

The plaintiffs are 43 individuals who were employed by the Department of the Army as civilian fire fighters and assigned to the Fort Bliss Fire Department before, during, and after the period which began on March 17, 1976, and ended on February 23, 1977. (For the sake of convenience, this period will generally be referred to hereafter as “the period in question.”)

The plaintiffs’ basic claims, as set out in the complaint,1are similar and are to the effect that, during the period in question, the Chief of the Fort Bliss Fire Department “required Employees to report to their work area in a dress uniform at the beginning of their duty shifts and to leave the work area in a dress uniform at the end of their duty shifts approximately twenty-four (24) hours later”; and that “the additional time required of Employees for changing into and out of uniforms from and after March 17, 1976, constituted work,” for which the plaintiffs should receive compensation at the overtime rate.

It is concluded that the plaintiffs are not entitled to recover.

The Facts

The fire fighters of the Fort Bliss Fire Department are assigned to, and work out of, different fire stations, located at Fort Bliss, at Biggs Field, at Beaumont Army Hospital, and at McGregor Range. All the fire stations are within the general vicinity of El Paso, Texas.

Members of the Fort Bliss Fire Department are a uniformed force. They were [792]*792subject at all relevant times to the provisions of chapter 5 of Army Regulation 670-10, covering the subject of “Uniforms and Allowances for Civilian Fire Fighters.” Chapter 5 provided in part as follows:

5-3. Policy. Civilian fire fighters will be uniformed for the purpose of ready identification in the performance of official duty. Uniform design and color will be in accordance with requirements specified in paragraph 5-6.
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5-5. Appearance. Installation commanders will take such steps as are necessary to insure that employees’ uniforms meet minimum standards prescribed by this regulation, that employees are properly attired, and that uniforms are kept clean and neat.

Paragraph 5-6 of chapter 5 dealt with “Items of uniform.” It provided in general language (among other things) that the standard uniform color for civilian fire fighters should be blue; that the cap should be a fireman type and of a similar or identical fabric as the uniform; that the necktie should be a plain black four-in-hand; that the coat should be of a woolen or worsted fabric; and that the trousers should be of a conventional type, matching the coat in col- or and fabric.

Supplementary directives, prescribing more specifically the uniform for members of the Fort Bliss Fire Department, were issued from time to time by the responsible authority at Fort Bliss.

Before the period in question, the winter uniform prescribed for members of the Fort Bliss Fire Department — commonly referred to as the winter class A uniform — included a dark-blue woolen jacket (the style of the jacket was changed at least once before the period in question) and trousers, dark-blue fireman-type cap, blue long-sleeved shirt, black tie, black shoes, and certain stripes, patches, and insignia. The summer class A uniform did not include a jacket or necktie, the dark-blue trousers were of a lightweight material, and the blue shirt was short-sleeved and was worn open at the collar.

The Fort Bliss fire fighters received from the Department of the Army an initial clothing allowance for the purchase of their first class A winter and summer uniforms, and they subsequently received an annual clothing allowance out of which they were required to finance the necessary cleaning of the class A uniforms and the purchase of any uniform items that had to be replaced.

Except for the conduct of inspections within the areas for which they were responsible, members of the Fort Bliss Fire Department did not wear the class A uniform while engaged in the performance of their duties. In'stead, they wore gray cotton work clothes, consisting of shirt and trousers, which the fire fighters purchased with their own funds at stores such as J.C. Penny Company or Montgomery Ward & Company. The work shirt was usually long-sleeved in winter and short-sleeved in summer. (Witnesses sometimes referred to the gray work clothing as the “work uniform” — although it was not prescribed by regulation or official directive — and sometimes as “the grays.”)

The regularly prescribed tours of duty for a Fort Bliss fire fighter consisted at all relevant times of three 24-hour shifts each week, making a total of 72 hours of duty per week.

Before, during, and for at least a time after the period in question, the shifts at the various fire stations began at 8 a.m. and ended 24 hours later, at 8 a.m. the next day. The members of one shift at a station began their prescribed 24-hour tour of duty at the same time as the members of the immediately preceding shift at the same station completed their prescribed 24-hour tour of duty.

At 8 a.m., as members of a shift began their 24-hour tour of duty at a fire station, they were required to stand a roll-call formation. The members of the same shift, as they completed their 24-hour tour of duty at 8 a.m. the next day, were required to stand another roll-call formation. Thus, each fire fighter customarily stood a total of six roll-call formations each week, three [793]*793at the beginning of the 24-hour tours of duty and three at the conclusion of the tours of duty.

After reporting to their respective fire stations for a 24-hour tour of duty, Fort Bliss fire fighters customarily received from their supervisors, before the beginning roll-call formation, information concerning the nature of their initial work assignments (i.e., whether they were to perform inspection duties or some other type of work).

Before the period in question, Fort Bliss fire fighters who were scheduled to begin a 24-hour shift on a particular day would ordinarily put on their work clothes at home, travel to the fire station in work clothes, and, unless the first work assignment was the performance of inspection duties, would stand the beginning roll-call inspection in work clothes. If a fire fighter’s initial assignment was to perform inspection duties, he would usually change from work clothes into the class A uniform at the station before the roll-call formation, and stand the formation in the class A uniform. Fire fighters were not compensated for the time spent in putting on work clothes at home or in changing into the class A uniform at the station.

As a matter of common practice before the period in question, Fort Bliss fire fighters ordinarily stood the roll-call formation at the end of a 24-hour shift in work clothes, and then wore the work clothes home.

Before the period in question, it sometimes happened that a Fort Bliss fire fighter would expect to go from the fire station to a destination other than home at the end of a 24-hour shift. If so, the fire fighter generally carried civilian clothing to the station2 and then, if the work load permitted, he would take a few minutes just before the end of the 24-hour shift and change from work clothes into civilian clothes.

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Related

Bull v. United States
68 Fed. Cl. 212 (Federal Claims, 2005)
Adams v. United States
65 Fed. Cl. 217 (Federal Claims, 2005)
Riggs v. United States
21 Cl. Ct. 664 (Court of Claims, 1990)

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Bluebook (online)
3 Cl. Ct. 791, 1983 U.S. Claims LEXIS 1557, 99 Lab. Cas. (CCH) 34,476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-united-states-cc-1983.