Syllabus HOWARD C. MYERS v. THE UNITED STATES JOHN H. ARBLE v. THE UNITED STATES CHARLES C. MARTIN v. THE UNITED STATES No. 43673 WALTER O. PLITZ v. THE UNITED STATES No. 43674 GEORGE H. SPITZ v. THE UNITED STATES [Decided January 6, 1941. Defendant's motion for new trial overruled March 12, 1941] On the Proofs Bxtra pay for overtime; customs employees.-It is held that the plaintiffs, customs inspectors at the port of Detroit from September 1, 1931, to August 31, 1937, are entitled to extra compensation as fixed by section 5 of the Act of 1911, as amended by the Act of 1920, for services performed between the hours of 5 o'clock postmeridian and 8 o'clock antemeridian, or on Sundays or holidays, and the Government is liable for such extra compensation. Same; meaning of “overtime" under the statute.-Where the statute plainly states that the services rendered after 5 o'clock in the afternoon and before 8 o'clock in the morning or on Sundays and holidays shall be "overtime," no other meaning can be given to the term "overtime." Same; liability of the Government.-Where the statute provides that extra compensation due to customs employees for overtime work at night or on Sundays or holidays shall be paid to the collector of customs by the owner, master or consignee of such vessel to which a special license or permit is granted for lading or unlading at night or on Sundays or holidays; it is held that such provision does not relieve the Government from liability for extra pay for services during the periods fixed under the statute. Same; authority of customs collector.-Where the statute gives to the collector of customs authority to adjust the working day of customs employees to correspond with the customary daylight working periods at certain ports, it is held that such provision granting such authority does not affect or alter the length of the working day for customs employees or the overtime pay fixed by the statute. Reporter's Statement of the Case The Reporter's statement of the case. Mr. Robert M. Drysdale for the plaintiffs. 92 C. Cls. Mr. J. Frank Staley, with whom was Mr. Assistant Attorney General Francis M. Shea, for the defendant. Messrs. Paul Campbell and Lucian Y. Ray were on the briefs. The court made special findings of fact as follows: 1. Each of the plaintiffs is a citizen of the United States and resident of Detroit, Michigan. 2. Each of the plaintiffs was a customs inspector at the port of Detroit from September 1, 1931, to August 31, 1937, during which period the salary of an inspector was $2,100 per annum. 3. At the port of Detroit, there were at all times herein involved the following stations where customs inspectors rendered services with respect to goods, merchandise, passengers and baggage arriving on, over, or under the Detroit river, to wit: Detroit and Windsor Ferry. Detroit and Canada Tunnel. Ambassador Bridge. Michigan Central Tunnel. Wabash Railway Ferries. Pere Marquette Railway Ferries. The Detroit and Windsor Ferry was at all times herein involved an international line of ferry boats operating between Windsor, Ontario, Canada, and Detroit, Michigan, carrying passengers, baggage, and merchandise, and operating continuously from 5 A. M. until 2 A. M. of the following day. Services rendered by customs inspectors at this station consisted of inspection of pedestrians and vehicular traffic, commercial busses, and commercial importations arriving from Windsor; inspection of merchandise brought in by pedestrians, automobile or truck, including passengers' baggage; examination of goods entering in bond for transportation through the United States and of goods for exportation to foreign countries, with benefit of drawback or otherwise. 447 Reporter's Statement of the Case The Walkerville Ferry was at all times herein involved an international line of ferry boats operating daily from 2 A. M. to 5:30 A. M. of the following day between Walkerville, Ontario, Canada, and the port of Detroit. Inspectors performed services at this station identical with those performed at the Detroit and Windsor Ferry station with the exception that no commercial busses crossed on the Walkerville Ferry boats. The Detroit and Canada Tunnel, opened to traffic Novem-ber 3, 1930, was at all times herein involved a tube under the Detroit river connecting Windsor, Ontario, Canada, and Detroit, Michigan, through which passed vehicular traffic carrying passengers and merchandise. Services by inspectors. included all those performed at the Walkerville Ferry station and in addition thereto inspection of passengers and their baggage carried by a line of commercial busses operated through the tunnel by the Detroit and Canada Tunnel Company. The tunnel never closed and traffic through it was continuous twenty-four hours per day. The Ambassador Bridge, opened to traffic November 15, 1929, was at all times herein involved a bridge over the Detroit river connecting Sandwich, Ontario, and Detroit, Michigan. Traffic was continuous for twenty-four hours per day and included foot passengers, vehicular traffic, commercial trucks and busses. Services performed by customs inspectors were identical with those performed at the Detroit and Windsor Ferry station. The Michigan Central Tunnel is a tube connecting Windsor, Ontario, and Detroit, Michigan, owned by the Michigan Central Railway, through which the railway company operated its trains, both passenger and freight. Traffic here was continuous for twenty-four hours per day. Customs services at this station were performed at the passenger station and at the freight yard, services rendered by customs inspectors at the latter being in connection with the lading and unlading of merchandise for purposes of inspection, in connection with the transportation and exportation in bond, exportation with benefit of drawback, and the examination of intransit and other seals. At the passenger station services consisted of examination of passengers' bag Reporter's Statement of the Case 92 C. Cls. gage and merchandise and the lading and unlading of merchandise from passenger trains for purposes of inspection. The Wabash Railway Ferries and the Pere Marquette Railway Ferries were, at all times herein involved, lines of international railway car ferries, owned by the respective railway companies named, carrying freight cars exclusively except for a period in the beginning of the time herein involved when passenger cars were brought in on the Wabash Railway ferries. Services here performed by customs inspectors were identical with those performed at the freight station of the Michigan Central Tunnel. The Grand Trunk Railway Slip Dock was at all times herein involved the terminal for railway ferry boats carrying passenger and freight cars and arriving in Detroit, Michigan, from Windsor, Canada, on the Grand Trunk Railway Line. Services performed were identical with those rendered at the passenger station and the freight yard of the Michigan Central Tunnel. The Miller Ferry Line was at all times herein involved a ferry operating between Courtright, Ontario, Canada, and St. Clair, Michigan, carrying foot passengers, vehicular traffic and commercial trucks. Services performed consisted of inspection of pedestrians and persons riding in vehicles, their baggage, and the merchandise of commercial vehicles. Channels of transportation other than the Ambassador Bridge and the Detroit and Canada Tunnel had been in operation for years prior to November 15, 1929. 4. Before the opening of the Ambassador Bridge on November 15, 1929, all customs inspectors at the port of Detroit were assigned on eight-hour tours of duty, which might be any eight-hour period in the 24 hours of any day of the week, including Sundays or holidays. The inspectors did not receive overtime pay for nighttime service, that is, service performed between the hours of 5 p. m. and 8 a. m.; but they received overtime pay for service performed on Sundays or holidays. 5. After the opening of the Ambassador Bridge on November 15, 1929, a system of giving compensatory time off during the week following for service performed on Sundays and holidays in lieu of overtime pay at a part of the stations 447 Reporter's Statement of the Case at the port of Detroit was adopted. Customs inspectors were as before assigned on 8-hour tours of duty, which might be any 8-hour period of any day of the week, including Sundays or holidays. No overtime pay was received by inspectors for nighttime service, that is, for service performed between the hours of 5 p. m. and 8 a. m. At the first four stations and the freight depot of the Michigan Central referred to in Finding 3, the customs inspectors, including plaintiffs, for service performed on Sundays or holidays, received compensatory time off and did not receive overtime pay. At the last four stations and the passenger station of the Michigan Central referred to in Finding 3, the customs inspectors, including plaintiffs, for service performed on Sundays or holidays, received overtime pay and did not receive compensatory time off. At At the stations where compensatory time off was allowed for service on Sundays or holidays, the compensation of a customs inspector was at the rate of $2,100 per annum. stations where overtime pay was allowed for service on Sundays or holidays, the compensation of a customs inspector was at the rate of $2,100 per annum, plus overtime pay for Sundays and holidays. 6. Before November 15, 1929, the customs inspectors at the port of Detroit had an 8-hour day and a 56-hour week. After November 15, 1929, at the stations where compensatory time off was adopted, the customs inspectors had an 8-hour day and a 48-hour week. At the other stations the daily and weekly hours continued the same as before November 15, 1929. After March 3, 1931, the date of going into effect of the Saturday half holiday for federal employees, the hours per week were reduced to 44 hours and 52 hours respectively. 7. Each of the plaintiffs knew, at the time of his appointment as customs inspector at the port of Detroit, the practice in vogue of overtime pay for Sunday or holiday service at some stations and of compensatory time off for Sunday or holiday service at other stations, and that overtime for nighttime service, that is, between 5 p. m. and 8 a. m., was not paid. Each of the plaintiffs performed services both at the stations that allowed compensatory time off and at the stations that allowed overtime pay for services performed on Sundays or 291823-41-CC-vol. 92--31 |