Request by Carrier for Expenses of Additional Help in Loading Shipment

The General Services Administration (GSA) determined that a carrier had overcharged for a driver's help in loading a shipment at the Military Ocean Terminal Bay Area (MOTBA), Oakland Army Base, California. Due to a collective bargaining agreement in effect at MOTBA, the contractor operating the pier was prohibited from loading; therefore, the carrier acted as an agent for the Government by engaging the services of an independent forklift operator. The firm contended that the carrier can legally rate the forklift charge as an accessorial service. GAO was asked to determine whether payment for the truck driver's help in loading was required by agreement between shipper and carrier. It was held that since the help was not authorized by the shipper as required by the Minimum Rate Tariff issued by the California Public Utilities Commission, no right to payment was established. The overcharge assessment by GSA was proper.