Jose T. Acfalle v. United States

Appellants’ action under the Tucker Act is for wages allegedly due them as civilian employees of the United States Navy at Guam. The court below granted the motion of the United States for summary judgment. We affirm.

Appellants were rated under applicable Navy Regulations as laborers, but allegedly worked more than 50% of their time as stevedores. They were paid stevedores’ wages for the time they so worked, and laborers’ wages for the balance of the time. By this action they seek stevedores’ wages for all time worked. They base their claim on the Navy’s General Wage Service “Definitions of Civilian Ungraded Ratings— Stevedore”, NAVEXOS P-1005-089 (Revised 6/62) which states in part under “Explanatory Notes”:

It is the plaintiffs’ contention that they are not contesting an improper rating, but rather are seeking the proper pay for the “laborer” rating to which they do not object. The difficulty with this is that they claim increased pay only because, they contend, NAYEXOS P-1005-089 requires that they be rated as stevedores if they perform that work more than 50% of the time. So the increased pay depends upon a change of rating.

An administrative appeal to the Chief of…