B-120894, JUNE 23, 1955, 34 COMP. GEN. 696

B-120894, JUNE 23, 1955, 34 COMP. GEN. 696

COMPENSATION - OVERTIME - TRAVEL TIME - EMERGENCY DUTY EMPLOYEES WHO ARE ENGAGED IN MAINTENANCE OF MICROWAVE STATIONS LOCATED IN REMOTE MOUNTAINOUS AREAS AND ARE CALLED FOR EMERGENCY REPAIR DUTY DURING NON-WORK PERIODS MAY BE PAID OVERTIME FOR TRAVEL TIME BETWEEN OFFICIAL HEADQUARTERS AND THE STATION AT WHICH THE EMERGENCY EXISTS. 34 COMP. GEN. 248, MODIFIED.

COMPTROLLER GENERAL CAMPBELL, TO J. E. PERRY, DEPARTMENT OF THE INTERIOR, JUNE 23, 1955:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 8, 1955, RELATIVE TO OUR DECISION DATED NOVEMBER 23, 1954, 34 COMP. GEN. 248. IT WAS HELD IN THE DECISION (QUOTING FROM THE SYLLABUS) AS FOLLOWS:

THE TIME CONSUMED BY A PER ANNUM EMPLOYEE OUTSIDE HIS REGULAR 40 HOUR WORKWEEK IN TRAVELING BY PRIVATELY-OWNED AUTOMOBILE AND A GOVERNMENT VEHICLE IN CONNECTION WITH OFFICIAL DUTIES IN REPAIRING A POWER TRANSMISSION LINE MAY NOT BE REGARDED AS WORK, AND THE PAYMENT OF OVERTIME COMPENSATION UNDER SECTION 201 OF FEDERAL EMPLOYEES PAYACT OF 1945 IS LIMITED TO THE ACTUAL TIME SPENT AT WORK. * * *

THIS EMPLOYEE IS ONE OF A GROUP ASSIGNED TO THE MAINTENANCE OF MICROWAVE STATIONS, A PART OF THE BONNEVILLE POWER TRANSMISSION SYSTEM WHICH EXTENDS THROUGHOUT MUCH MOUNTAINOUS COUNTRY IN THE PACIFIC NORTHWEST. EMERGENCY SITUATIONS DEVELOP WHICH REQUIRE IMMEDIATE ATTENTION IN ORDER TO PREVENT OR MITIGATE THE EFFECT OF INTERRUPTIONS TO ELECTRIC SERVICE THAT COULD POSSIBLY RESULT IN DAMAGE TO THE SYSTEM AND LOSS OF REVENUE TO THE GOVERNMENT AS WELL AS TO USERS OF THE POWER. AS A PROTECTIVE MEASURE AGAINST THE POSSIBILITY OF SUCH DAMAGE CERTAIN EMPLOYEES ARE DESIGNATED TO PERFORM MAINTENANCE, REPAIR, AND TESTING OPERATIONS ON THE SYSTEM, IN ADDITION TO OTHER ASSIGNED DUTIES. TOOLS AND AUTOMOTIVE EQUIPMENT ARE STORED AT STRATEGIC POINTS WHERE THESE EMPLOYEES ARE ASSIGNED HEADQUARTERS FOR THE PERFORMANCE OF REGULAR DUTIES.

YOU NOW POINT OUT THAT THE EFFECTIVENESS OF MICROWAVE COMMUNICATION IS DEPENDENT UPON LOCATION AND, WHERE POSSIBLE, THE STATIONS ARE LOCATED ON THE HIGHEST PEAKS IN THE AREA TO BE SERVED, OFTEN AT CONSIDERABLE DISTANCES FROM MAIN HIGHWAYS AND ACCESSIBLE ONLY OVER ACCESS ROADS. WIND, RAIN, HEAVY SNOW, AND FREEZING TEMPERATURES AGGRAVATE TRANSMISSION AND COMMUNICATION PROBLEMS IN THE PACIFIC NORTHWEST APPROXIMATELY EIGHT MONTHS OF EVERY YEAR. AS A RESULT, EMPLOYEES ENGAGED IN MAINTENANCE WORK MAY BE CALLED OUT DURING NONWORK PERIODS SEVERAL TIMES A WEEK FOR EMERGENCY DUTY. FURTHER, YOU SAY THAT UNDER THE TERMS OF THE COLLECTIVE LABOR AGREEMENT ENTERED INTO PURSUANT TO THE BONNEVILLE PROJECT ACT, PUBLIC LAW 329, 50 STAT. 731, AS AMENDED, TRAVEL TIME SUCH AS HERE INVOLVED WOULD BE CONSIDERED TO BE SHOP-TO-SHOP TIME IF PERFORMED BY HOURLY EMPLOYEES.

IN THE LIGHT OF THE CIRCUMSTANCES NOW PRESENTED OVERTIME COMPENSATION PAID TO EMPLOYEES WHO ARE ASSIGNED TO DUTY AS DESCRIBED IN YOUR SUBMISSION MAY INCLUDE THE TIME CONSUMED OUTSIDE OF THEIR REGULAR TOUR OF DUTY IN TRAVEL BETWEEN THEIR OFFICIAL HEADQUARTERS AND THE PARTICULAR MICROWAVE STATION AT WHICH THE EMERGENCY EXISTS. SEE B 62159, DECEMBER 31, 1946; 24 COMP. GEN. 557. THE DECISION OF NOVEMBER 23, 1954, 34 COMP. GEN. 248, IS MODIFIED ACCORDINGLY.

THE VOUCHER, RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE PROPER.

CONCERNING YOUR REQUEST FOR COMMENTS ON INSTRUCTIONS ISSUED BY YOUR ADMINISTRATION AND ON THE OPINION OF YOUR GENERAL COUNSEL, WHICH ACCOMPANIED YOUR LETTER, NO RIGID RULE MAY BE FIXED OR STATED FOR DETERMINING IN ALL CASES WHEN TRAVEL TIME OUTSIDE AN EMPLOYEE'S PRESCRIBED TOUR OF DUTY IS COMPENSABLE AT OVERTIME RATES UNDER SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 296. IN THOSE CASES WHERE THE PAYMENT OF OVERTIME COMPENSATION FOR TRAVEL TIME HAS BEEN AUTHORIZED BY US THE TRAVEL INVOLVED THE ACTUAL PERFORMANCE OF WORK OR WAS CARRIED OUT UNDER ARDUOUS CONDITIONS MAKING THE TRAVEL INSEPARABLE FROM "WORK" OR "EMPLOYMENT" WITHIN THE MEANING OF THE OVERTIME STATUTES. SEE 28 COMP. GEN. 183; ID. 547; 33 ID. 274. CF. 30 ID. 72.