52 Reporter's Statement of the Case It was usual at Pinecreek for both customs and immigrant inspectors to work eight-hour overlapping shifts on weekdays and for each to man the port alone on alternate Sundays for the full day. The officer who worked alone on Sunday would take a weekday off in lieu of Sunday during the week fol lowing, when the officer who had been off duty on Sunday would man the port alone for the entire weekday. Occasionally, the plaintiff would relieve the immigrant inspector and substitute for him a day or more at a time, in case of emergencies, such as illness. In the event of extended absence of the immigrant inspector, special relief was provided by the immigration service. The arrangement with respect to Sundays applied also to regular holidays, and as a result the plaintiff worked about half the Sundays and half the regular holidays. On wartime holidays, that is, holidays proclaimed by the President during the war as workdays, the plaintiff and the immigrant inspector each worked at least eight hours. Plaintiff habitually ate the noon meal, and the evening meal when the port was open from 8 a. m. to 8 p. m., at the customs office, at the convenience of traffic and usually in ten or fifteen minutes. 5. Before July 1945, the plaintiff was not required to, and did not, keep official records of the days and hours he worked. The immigration service required such records of its inspectors, and the days and hours worked by the plaintiff are ascertained by reference to the immigrant inspector's time records, the assumption being that the plaintiff worked when the immigrant inspector or inspectors were off duty, and that when the two worked on the same day, there was usually an overlap of their time. The immigrant inspectors' records are supplemented by the plaintiff's personal record of his overtime, kept during the working arrangement with the immigrant inspector. Thereafter, official records were kept of plaintiff's time. 6. Beginning October 1, 1939, and ending July 4, 1945, the plaintiff's unpaid extra compensation for Sundays and regular holidays (not including wartime holidays), calculated at (1) two times the daily rate of the base salary for eight Reporter's Statement of the Case 109 C. Cls. hours, (2) one-half such daily rate for two-hour periods of overtime, and (3) the daily rate for four-hour periods of overtime, is as follows: Unpaid extra compensation calculated at one-half such daily rate for two-hour periods of overtime, and the daily rate for four-hour periods of overtime, is, for weekday service, that is, service on days other than regular holidays, wartime holidays and Sundays, as follows: Overtime-two-hour periods___ Subtotal__. $301.90 571.89 873.79 The plaintiff's unpaid extra compensation for wartime holidays, that is, holidays declared by administrative order or by the President to be days of work, calculated at two times the daily rate of the base salary for eight hours, onehalf such daily rate for two-hour periods of overtime, and the daily rate for four-hour periods of overtime, is as follows: 7. The amount sued upon has not been collected either by the plaintiff or by the defendant in whole or in part from the several owners, operators or agents of the highway vehicles, vessels or conveyances, or from other persons, engaged in highway travel at the port of Pinecreek, Minnesota, or in international transportation at Ashland, Wisconsin, where the services covered by plaintiff's claim were performed. The court decided that the plaintiff was entitled to recover. 52 Reporter's Statement of the Case MADDEN, Judge, delivered the opinion of the court: The questions in this case are the same as those involved in the case of Timothy E. O'Rourke, and are controlled by the decision in the latter case this day announced. As shown by our findings, the plaintiff is entitled to a judgment of $3,081.83. It is so ordered. JONES, Judge; WHITAKER, Judge; and LITTLETON, Judge, concur. WHALEY, Chief Justice, took no part in the decision of this case. OWEN C. OSTROOT v. THE UNITED STATES [No. 46816. Decided June 2, 1947. Defendant's motion for new trial overruled October 6, 1947] On the Proofs Overtime pay; inspector of customs at a port located on an international highway and free bridge.—Following the decision in the case of Timothy E. O'Rourke v. The United States, ante, p. 33; it is held that plaintiff is entitled to recover. The Reporter's statement of the case: Mr. Charles A. Horsky for the plaintiff. Miss Amy Ruth Mahin, and Messrs. Covington, Burling, Rublee, Acheson and Shorb were on the briefs. Mr. Alfred H. Golden, with whom was Mr. Assistant Attorney General John F. Sonnett, for the defendant. Miss Mae Helm and Mr. J. Frank Staley were on the brief. The court made special findings of fact as follows, upon the evidence and an agreed statement of facts entered into between the parties: 1. Plaintiff is a citizen of the United States and a resident of the State of Minnesota. 2. Plaintiff was a duly appointed Inspector of Customs of the United States during the period covered by his claim, Reporter's Statement of the Case 109 C. Cls. viz., June 15, 1941 through July 4, 1945, serving in Customs District #36, State of Minnesota, under a seasonal temporary appointment from June 15, 1941 through October 31, 1941 and under a permanent appointment beginning January 9, 1942. His base salary during this period was $2,100 per annum through October 31, 1941; $2,000 from January 9, 1942 through December 21, 1942; $2,300 from December 22, 1942 through June 1944; $2,400 from July 1, 1944 through June 1945; $2,600 from April 1, 1945 through June 1945; and $2,980 beginning July 1, 1945. Plaintiff received his annual base salary, as augmented by the War Overtime Pay Acts (Joint Resolution of December 22, 1942 and the Act of May 7, 1943), for the period covered by his claim, said salary having been prorated on the basis of 12 monthly periods of 30 days each and received by plaintiff in semimonthly installments paid, prior to December 1944, on the middle and last days of the calendar month in which the services were performed. 3. All of the services covered by plaintiff's claim were performed by him on Sundays and holidays in connection with traffic over the public highway and free bridge at the Port of Pigeon River Bridge, Minnesota, a port of entry located on the international vehicular highway and bridge between the United States and Canada at that point. The United States Customs Office at Pigeon River Bridge, Minnesota, is on the public highway and about 100 feet from the international free bridge which crosses the Pigeon River. Near the Customs Office are a hotel, cabins and a bus depot for the accommodation of the travelling public. The Customs Office was open for business during the period in question for 17 hours a day, traffic being admitted continuously from 6 A. M. to 11 P. M., 7 days a week. Traffic consisted of trucks and busses, private automobiles and other vehicles, and persons entering on foot. At the port of Pigeon River Bridge dutiable merchandise entered the United States and the duty thereon was collected by the Customs Officers. All merchandise was subject to Customs treatment, whether dutiable or not. Logging supplies and fish were among the principal commodities imported. Com 57 Reporter's Statement of the Case mercial importations involving formal entry procedures were not handled at the port on Sundays and holidays, except where immediate delivery procedures were complied with, as prescribed by the Customs Regulations. Other merchandise and baggage might enter the United States or be exported to foreign countries at any hour that the Customs Office was open for business, and service for seventeen hours a day, seven days a week, was necessary to protect the revenue of the Government. Busses with passengers and baggage arrived and departed on schedule 7 days a week during the period in question. In addition, chartered busses might on occasion enter with passengers from Canada. All outgoing automobiles of Canadian registry required an inspection at this, as at other border ports. A touring certificate is issued for such vehicle on entry into the United States. This is checked by Customs officers when the automobile leaves the United States in order to certify that it is the same automobile and equipment described in the permit before it can be taken out of the country. All persons entering on foot or by vehicle from Canada and their baggage were inspected by United States Customs officials. Traffic of private vehicles and persons on foot requiring inspectional services on Sundays and holidays, during the winter months, was heavier than on weekdays. Sunday and holiday private vehicular and foot traveler traffic is substantial at this port throughout the year. From May 1, 1941 to October 1, 1945, by reason of wartime statutes and restrictions the Customs officers at Pigeon River Bridge were required to check all outgoing traffic into Canada, in order to assist with enforcement of such statutes as the Export Control Act and the Trading with the Enemy Act, and regulations promulgated by the Office of International Trade Operations and the Federal Bureau of Investigation. 4. The Port of Pigeon River Bridge was manned through most of each year within the period from May 1, 1941 to October 1, 1945 by three Customs officers, a Deputy Collectorin-Charge, and two Inspectors. Two seasonal inspectors |