Robinson v. United States

5 Cl. Ct. 130, 1984 U.S. Claims LEXIS 1432
CourtUnited States Court of Claims
DecidedApril 17, 1984
DocketNo. 492-81C
StatusPublished
Cited by1 cases

This text of 5 Cl. Ct. 130 (Robinson 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
Robinson v. United States, 5 Cl. Ct. 130, 1984 U.S. Claims LEXIS 1432 (cc 1984).

Opinion

MEMORANDUM OF DECISION

WHITE, Senior Judge.

The plaintiff, Timothy E. Robinson, sues in this case because of his allegedly wrongful removal from his position as a journeyman welder at Tinker Air Force Base (Tinker AFB), Oklahoma, on November 24, 1978. He seeks back pay and restoration to his former position.

The complaint (then called a petition) was filed in this court’s predecessor, the United States Court of Claims, on August 12, 1981. It was transferred to this court on October 1, 1982, pursuant to section 403(d) of Public Law 97-164 (96 Stat. 25, 58).

On September 14, 1982, shortly before the case was transferred to this court, the defendant filed a motion for summary judgment. Subsequently, after briefs were filed by the parties, the motion was denied by this court (1 Cl.Ct. 440 (1983)).

Thereafter, a trial on the merits was held in Oklahoma City, Oklahoma, and the parties then filed briefs and proposed findings of fact.

The plaintiff was removed from his position by the Air Force because of his alleged “falsification of an official document.” The official document which the plaintiff allegedly falsified was his time card for the pay period beginning May 28, 1978, and ending June 10, 1978, and particularly the entries in the space for June 8, 1978, indicating that the plaintiff was on fulltime jury duty that day and was entitled to credit on the payroll at Tinker AFB for 8 hours of duty.

[132]*132The plaintiff contends before the court, first, that “there is not any evidence to show an intentional falsification”; and, second, that the plaintiffs discharge “was unduly harsh.” The proper consideration of these contentions requires a rather full summary of the facts.

Summary of the Facts

Before his removal, the plaintiff was employed as a journeyman welder at Tinker AFB. His hours of work were from 6:45 a.m. to 3:30 p.m., 5 days per week, Monday through Friday, with 45 minutes off for lunch at midday.

In the latter part of May or the early part of June 1978, the plaintiff received a subpoena directing him to report for jury duty to the Oklahoma County Courthouse in Oklahoma City at 8:00 a.m. each day during the week of June 5-9, 1978. The plaintiff showed the subpoena to his immediate supervisor at Tinker AFB; and the plaintiff requested leave for the week of June 5-9 so that he might perform the required jury service. The supervisor gave his consent; and he told the plaintiff that, when he returned to Tinker AFB, he should bring with him a certificate from the county showing the days on which the plaintiff performed jury duty. Oklahoma County customarily issued such certificates to jurors.

At the time involved here, it was customary, when an employee at Tinker AFB was subject to jury duty on a particular day, for the employee not to report for work at Tinker AFB in the morning, but to go directly from his or her home to the courthouse, arriving there before 8:00 a.m. If the employee was required to remain on call at the courthouse throughout the remainder of the normal working day at Tinker AFB, the employee was given credit for 8 hours of work at Tinker AFB and was paid by the Air Force for 8 hours of work (less any juror fee that the employee might receive for jury service).

If an employee who had been called for jury duty on a particular day was excused by the court before the end of the normal working day at Tinker AFB, the employee was expected to proceed to Tinker AFB and to work there for the remainder of the normal workday, if it was practicable to do so in view of the amount of time remaining in the workday, the distance involved in travelling from the courthouse to Tinker AFB, the type of transportation available to the employee, etc. If an employee failed to report to Tinker AFB for work in a situation where it was practicable to do so, the employee was charged with annual leave for the time he or she could have worked after being released from jury duty.

Each day on June 5, 6, and 7, 1978, the plaintiff reported to the Oklahoma County Courthouse before 8:00 a.m., and later served on a jury. He did not finish his work as a juror any day before 5:00 p.m.; and on June 7 he served on a jury until sometime between 6:00 and 6:15 p.m. As his normal workday at Tinker AFB ended at 3:30 p.m., the plaintiff was not subject to any requirement that he report to Tinker AFB for work on any of the 3 days.

On the morning of June 8, 1978, the plaintiff went from his home to the Oklahoma County Courthouse as usual; and, by 8:00 a.m., he was in the jury room where jurors customarily assembled at the beginning of the day. On each of the previous mornings, a judge had appeared in the assembly room at about 8:00 a.m., had taken the roll of the jurors, and had then assigned the jurors to different jury panels for the day. Approximately 25 other persons were in the assembly room with the plaintiff at 8:00 a.m. on June 8, waiting for a judge to appear. However, no judge appeared on the morning of June 8. At about 10:00 a.m. that morning, the plaintiff left the assembly room, went to the office of the clerk of the court, and reported that no judge had appeared in the assembly room. The plaintiff was then informed that all jurors had been excused from further jury duty that week at about 4:00 p.m. on June 7. Upon receiving this information, the plaintiff returned to the assembly room and informed the other occupants [133]*133that there would be no further jury duty during the remainder of the week. The plaintiff then left the county courthouse sometime between 10:15 and 10:30 a.m., went to the place where his automobile was parked, and returned to his home. He did not report to Tinker AFB for work at any time during June 8.

If, upon leaving the courthouse on June 8, the plaintiff had gone directly to Tinker AFB, his traveling time would have been approximately 30 minutes. Then, at midday, he would have been entitled to take 45 minutes off for lunch, but he could have worked for approximately 3 hours and 45 minutes.

It is the practice at Tinker AFB for the immediate supervisor in each unit to mark the time cards of the employees assigned to the unit. This is customarily done sometime between 8:00 a.m. and 10:00 a.m. each day, as the supervisor takes the roll of the employees assigned to the unit. The space for the particular day on the time card of each employee is marked to show whether the employee is present for duty or absent; and, if an employee is absent, his or her time card is marked to show the reason for the absence (e.g., whether the employee is on annual leave, or is absent without leave, or is absent to perform jury duty, etc.). If an employee is absent to perform jury duty, the space on the employee’s time card for that date is marked “JD” and a notation is also made to show that the employee is entitled to credit for 8 hours of work on that date.

For each of the 4 days, June 5, 6, 7, and 8, 1978, the plaintiff’s immediate supervisor, assuming that the plaintiff was performing fulltime jury duty, marked the plaintiff’s time card, in the space for the particular date, with the notation “JD” and an indication that the plaintiff was entitled to credit for 8 hours of work.

At 6:45 a.m. on June 9, 1978, the plaintiff reported to Tinker AFB for work as usual.

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Cite This Page — Counsel Stack

Bluebook (online)
5 Cl. Ct. 130, 1984 U.S. Claims LEXIS 1432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-united-states-cc-1984.