B-163654, SEP. 14, 1970

B-163654, SEP. 14, 1970

COMPENSATION OVERTIME -- TRAVEL TIME ANSWERING A SERIES OF QUESTIONS CONCERNING WHETHER RETURN TRAVEL OF AIRCRAFT MECHANICS BY N-182 AIRPLANE CARRYING SPECIAL EQUIPMENT FOR AIRPLANE BREAKDOWN REPAIR WORK CONSTITUTES WORK FOR OVERTIME COMPENSATION PURPOSES. WHEN AIRPLANE MECHANICS ARE REQUIRED TO DEPART EARLY BY N-182 BECAUSE OF NEED TO REPAIR ANOTHER AIRPLANE AT HOME BASE; SERVICE OF CREW REQUIRED AT HOME BASE OR ELSEWHERE; AND WEATHER CONDITIONS OR TERRAIN TO BE COVERED NECESSITATE EARLY DEPARTURE OR DELAY THE TRAVEL, THE TRAVEL MAY BE CONSIDERED WORK.

TO MR. SHAFFER:

THIS REFERS TO LETTER OF JULY 8, 1970, FROM THE ACTING ADMINISTRATOR REQUESTING A DECISION FROM OUR OFFICE CONCERNING THE PAYMENT OF OVERTIME COMPENSATION FOR TRAVEL TIME UNDER THE PROVISIONS OF 5 U.S.C. 5544(A), AS ADDED BY PUBLIC LAW 90-206 OF DECEMBER 16, 1967, WHICH READS AS FOLLOWS:

" *** TIME SPENT IN A TRAVEL STATUS AWAY FROM THE OFFICIAL DUTY STATION OF AN EMPLOYEE SUBJECT TO THIS SUBSECTION IS NOT HOURS OF WORK UNLESS THE TRAVEL (I) INVOLVES THE PERFORMANCE OF WORK WHILE TRAVELING, (II) IS INCIDENT TO TRAVEL THAT INVOLVES THE PERFORMANCE OF WORK WHILE TRAVELING (III) IS CARRIED OUT UNDER ARDUOUS CONDITIONS, OR (IV) RESULTS FROM AN EVENT WHICH COULD NOT BE SCHEDULED OR CONTROLLED ADMINISTRATIVELY."

THE INFORMATION FURNISHED SHOWS THAT AT THE AERONAUTICAL CENTER, AT OKLAHOMA CITY, THE FEDERAL AVIATION ADMINISTRATION (FAA) MAINTAINS AN AIRCRAFT SERVICE BASE WITH A STAFF OF AIRCRAFT MECHANICS WHOSE DUTIES INCLUDE MAKING ENGINE CHANGES AND OTHER REPAIRS ON FAA REGIONAL AIRCRAFT THAT SUFFER BREAKDOWNS EN ROUTE WITHIN A CERTAIN AREA. WHEN SUCH A BREAKDOWN OCCURS, THE MECHANICS GENERALLY TRAVEL TO THE SITE OF THE BREAKDOWN ON N-182, A SPECIALLY EQUIPPED FAA AIRCRAFT, PERFORM THE REQUIRED REPAIR WORK, AND RETURN.

THE N-182 AIRPLANE CARRIES SPECIAL EQUIPMENT AND SPARE PARTS, INCLUDING A SPARE ENGINE, WHEN NEEDED. ON THE RETURN TRIP IT CARRIES ANY DAMAGED ENGINE OR PARTS INVOLVED IN THE BREAKDOWN. THE MECHANICS TRAVEL ON THE N- 182 IN A GROUP BUT THE AIRCRAFT IS OPERATED BY A SEPARATE CREW.

WE AGREE THAT THE MECHANICS' TRAVEL TO THE SITE OF A BREAKDOWN IS COVERED UNDER CLAUSE (IV) OF THE CITED LAW SINCE IT RESULTS FROM EVENTS THAT CANNOT BE SCHEDULED OR CONTROLLED ADMINISTRATIVELY, ASSUMING OF COURSE THAT AN EMERGENCY IS INVOLVED WHICH LIKEWISE DOES NOT PERMIT SCHEDULING OR CONTROL OF THE TRAVEL. COMPARE B-169078, APRIL 22, 1970.

REGARDING RETURN TRAVEL BY THE N-182 AIRPLANE, WE DO NOT VIEW CLAUSES (I), (II), OR (III) AS APPLICABLE. THEREFORE, WE WILL TREAT THE FOLLOWING CIRCUMSTANCES SET FORTH IN YOUR LETTER AS RELATING TO WHETHER RETURN TRAVEL BY N-182 OUTSIDE OF REGULAR DUTY HOURS CONSTITUTES WORK WITHIN THE MEANING OF CLAUSE (IV) ABOVE:

(1) WHEN THE SERVICES OF THE MECHANICS ARE REQUIRED AT THE HOME BASE BECAUSE OF HEAVY WORKLOAD OR SHORTAGE OF STAFFING.

(2) WHEN N-182 SHOULD BE IMMEDIATELY AVAILABLE AT THE HOME BASE IN THE EVENT OF NEED FOR REPAIR OF ANOTHER AIRCRAFT.

(3) WHEN N-182 AND/OR THE SERVICES OF THE CREW MEMBERS ARE REQUIRED AT THE HOME BASE OR ELSEWHERE.

(4) WHEN THE PILOT OF N-182 DETERMINES THAT WEATHER CONDITIONS OR TERRAIN TO BE COVERED REQUIRE AN EARLY DEPARTURE OR DELAY IN DEPARTURE FOLLOWING COMPLETION OF AIRCRAFT REPAIRS.

(5) WHEN OVERTIME PAY FOR RETURN TRAVEL OF MECHANICS DURING NONDUTY HOURS IS LESS THAN PER DIEM PAYMENTS FOR CREW MEMBERS OF N-182 AND MECHANICS.

AS WE UNDERSTAND THE OPERATIONS INVOLVING TRANSPORTATION OF MECHANICS TO AND FROM BREAKDOWN SITES BY MEANS OF THE N-182, IT MAY REASONABLY BE SAID THAT TRAVEL OF THE MECHANICS IS GENERALLY DEPENDENT UPON USE MADE OF THE AIRPLANE ITSELF. IT MAY BE IN SOME CASES THAT THE AIRPLANE COULD BE USED ONLY FOR THE PURPOSE OF TRANSPORTING REQUIRED PARTS AND EQUIPMENT LEAVING THE MECHANICS INVOLVED TO BE TRANSPORTED BY COMMERCIAL OR OTHER MEANS. HOWEVER, WE BELIEVE THE BETTER VIEW TO BE, ON THE BASIS OF OPERATIONAL AND COST FACTORS, THAT THE N-182 AND THE PERSONNEL TRANSPORTED THEREON ORDINARILY FUNCTION AS A UNIT IN CONNECTION WITH EMERGENCY REPAIR OF EQUIPMENT BREAKDOWNS AND THAT MECHANICS AS A MATTER OF ECONOMY SHOULD UTILIZE THE N-182 IF IT DEPARTS WHEN THEY REQUIRE TRANSPORTATION. TRANSPORTATION.

IN CONSIDERING THE VARIOUS REASONS SET FORTH WITH RESPECT TO CIRCUMSTANCES AFFECTING RETURN DEPARTURE TIME OF THE N-182, IT WOULD APPEAR THAT EARLY DEPARTURES UNDER (3) AND (4) WOULD CLEARLY MEET THE TEST OF BEING IN CONJUNCTION WITH EVENTS WHICH COULD NOT BE SCHEDULED OR ADMINISTRATIVELY CONTROLLED--ASSUMING THAT (3) RELATES TO NEEDS ARISING OUT OF EMERGENCY SITUATIONS AS DISTINGUISHED FROM GENERAL ON GOING NEEDS UNDER (1). AND WITH RESPECT TO (2), WE ASSUME IT IS HIGHLY DESIRABLE IF NOT IMPERATIVE THAT THE AIRPLANE ALSO DEPART AS SOON AS POSSIBLE AFTER AN EMERGENCY JOB IS COMPLETED.

ACCORDINGLY, WHENEVER EARLY DEPARTURES OF THE N-182 ARE REQUIRED UNDER (2), (3), AND (4) THE TRAVEL TIME OF MECHANICS CARRIED SHOULD BE CONSIDERED AS HOURS OF WORK.

WE ASSUME THAT UNDER (1) AND WITH RESPECT TO DELAYED DEPARTURES UNDER (4), THE MECHANICS REQUIRE RETURN TRANSPORTATION EARLIER THAN THE N-182 IS PREPARED TO DEPART. ORDINARILY, IN LINE WITH THE RATIONALE EXPRESSED HEREIN, IF AN ACCELERATED DEPARTURE OF THE N-182 IS MADE UNDER (1) TO ACCOMMODATE THE NEED FOR MECHANICS, OR THE MECHANICS UNDER (4) AWAIT DELAYED DEPARTURE OF THE N-182 THOUGH OTHER MEANS OF TRANSPORTATION ARE AVAILABLE AND IN EACH CASE TRAVEL TIME OUTSIDE OF REGULAR WORK HOURS RESULTS, SUCH TRAVEL TIME WOULD NOT BE CONSIDERED COMPENSABLE AS HOURS OF WORK.

HOWEVER, BECAUSE OF THE UNLIKELIHOOD THAT A SITUATION UNDER (1) WOULD EXIST TO THE EXCLUSION OF (2); OF THE FACT THAT COST CONSIDERATIONS INVOLVING BASIC TRANSPORTATION (AS WELL AS PER DIEM PAYMENTS AS SUGGESTED IN (5)) MAKE IT IMPRUDENT NOT TO UTILIZE THE N-182 WHEN IT IS RETURNING FROM A JOB; AND OF THE OVERALL CONCEPT OF TRANSPORTING MECHANICS BY MEANS OF THE N-182, IT IS OUR VIEW THAT ALL RETURN TRAVEL TIME ABOARD THE N-182 FALLS WITHIN THE PURVIEW OF 5 U.S.C. 5544(A)(IV) AS HOURS OF WORK.

THE ACTING ADMINISTRATOR RAISES THE FOLLOWING ADDITIONAL QUESTIONS:

"COINCIDENTALLY, IT MAY SOMETIMES HAPPEN THAT THE WORK OF THE MECHANICS AT A BREAKDOWN SITE IS FINISHED AT OR ABOUT THE TIME WHEN THEIR REGULARLY SCHEDULED ADMINISTRATIVE WORK-WEEK ENDS. IF, IN SUCH A SITUATION, THEY TRAVEL BACK ON FRIDAY NIGHT, SATURDAY, OR SUNDAY, IS THE TRAVEL COMPENSABLE ON THE GROUND THAT THEY WOULD NOT BE ENTITLED TO PER DIEM OVER THE WEEKEND AND THAT THE TRAVEL TIME CAN THEREFORE NOT BE CONTROLLED REALISTICALLY (FPM LETTER 550-52, CASE NO. 5, PP. (7) TO (8))? DOES THE APPLICABILITY OF THIS RULE DEPEND ON WHETHER THE TRAVEL TO THE TEMPORARY DUTY STATION WAS COVERED UNDER SUBDIVISION (IV)?"

IN LIGHT OF OUR ANSWERS TO THE PREVIOUS QUESTIONS, NEED FOR AN ANSWER TO THESE ADDITIONAL QUESTIONS WOULD APPEAR TO RELATE ONLY TO SITUATIONS INVOLVING TRAVEL BY COMMERCIAL MEANS. IN ANY EVENT, CONSIDERED TOGETHER EACH OF THE TWO QUESTIONS IS ANSWERED IN THE AFFIRMATIVE. SEE B-169078, DATED APRIL 22, 1970.