B-114780, JAN. 3, 1957

B-114780: Jan 3, 1957

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WE QUESTIONED CERTAIN PAY VOUCHERS WHICH WERE ADMINISTRATIVELY APPROVED AND PAID WITHOUT EVIDENCE OF THE DAYS ON WHICH SERVICES WERE RENDERED BY EMERGENCY BOARD MEMBERS APPOINTED BY THE PRESIDENT PURSUANT TO THE RAILWAY LABOR ACT. THIS MATTER WAS THE SUBJECT OF OUR LETTER OF SEPTEMBER 19. IN LETTER DATED SEPTEMBER 26 THE EXECUTIVE SECRETARY SAYS IT WAS THEIR UNDERSTANDING THAT DETAILED WORK REPORTS. AS FOLLOWS: "EACH MEMBER OF THE BOARD IS TO RECEIVE COMPENSATION AT THE RATE OF $100.00 PER DAY FOR EACH DAY THAT HE IS ACTUALLY ENGAGED IN THE PERFORMANCE OF HIS DUTIES OR IN TRAVEL IN CONNECTION THEREWITH. ADDITION EACH MEMBER OF THE BOARD WILL BE ALLOWED $12.00 PER DIEM IN LIEU OF SUBSISTENCE WHILE SO ENGAGED AWAY FROM HIS HOME OR AWAY FROM HIS REGULAR PLACE OF BUSINESS.'.

B-114780, JAN. 3, 1957

TO LEVERETT EDWARDS, CHAIRMAN, NATIONAL MEDIATION BOARD:

IN OUR AUDIT OF CIVILIAN PAYROLLS AT THE NATIONAL MEDIATION BOARD, WE QUESTIONED CERTAIN PAY VOUCHERS WHICH WERE ADMINISTRATIVELY APPROVED AND PAID WITHOUT EVIDENCE OF THE DAYS ON WHICH SERVICES WERE RENDERED BY EMERGENCY BOARD MEMBERS APPOINTED BY THE PRESIDENT PURSUANT TO THE RAILWAY LABOR ACT, 45 U.S.C. 160. THIS MATTER WAS THE SUBJECT OF OUR LETTER OF SEPTEMBER 19, 1956, TO MR. E. C. THOMPSON, EXECUTIVE SECRETARY, NATIONAL MEDIATION BOARD. IN LETTER DATED SEPTEMBER 26 THE EXECUTIVE SECRETARY SAYS IT WAS THEIR UNDERSTANDING THAT DETAILED WORK REPORTS--- SUCH AS REQUIRED OF NEUTRAL ARBITRATORS AND REFEREES UNDER SECTIONS 3 AND 7 OF THE RAILWAY LABOR ACT, 45 U.S.C. 153 AND 157--- WOULD NOT APPLY IN THE CASE OF EMERGENCY BOARD MEMBERS.

OUR RECORDS SHOW THAT THE LETTERS OF APPOINTMENT OF INDIVIDUALS TO EMERGENCY BOARDS USUALLY PROVIDE, IN PART, AS FOLLOWS:

"EACH MEMBER OF THE BOARD IS TO RECEIVE COMPENSATION AT THE RATE OF $100.00 PER DAY FOR EACH DAY THAT HE IS ACTUALLY ENGAGED IN THE PERFORMANCE OF HIS DUTIES OR IN TRAVEL IN CONNECTION THEREWITH. ADDITION EACH MEMBER OF THE BOARD WILL BE ALLOWED $12.00 PER DIEM IN LIEU OF SUBSISTENCE WHILE SO ENGAGED AWAY FROM HIS HOME OR AWAY FROM HIS REGULAR PLACE OF BUSINESS.'

THE QUESTION AS TO THE NECESSITY OF EVIDENCE OF SERVICE RENDERED ON DAYS FOR WHICH COMPENSATION IS CLAIMED BY EMERGENCY BOARD MEMBERS AROSE IN 1953 CONCERNING THE COMPENSATION OF MR. FRANK M. SWACKER WHO WAS CHAIRMAN OF EMERGENCY BOARD NO. 91 CREATED BY EXECUTIVE ORDER DATED AUGUST 4, 1950. IN THAT CASE, MR. LEWIS, AUTHORIZED CERTIFYING OFFICER, NATIONAL MEDIATION BOARD, WAS ADVISED ON JUNE 26, 1953, THAT THE EXCEPTION IN THAT CASE WOULD BE REMOVED BUT THAT "IN FUTURE CASES, HOWEVER, IT WILL BE NECESSARY TO TAKE EXCEPTION TO PAYMENT OF COMPENSATION (TO EMERGENCY BOARD MEMBERS) FOR DAYS ON WHICH NO WORK IS PERFORMED UNDER AN APPOINTMENT AUTHORIZING COMPENSATION FOR "EACH DAY ACTUALLY ENGAGED IN THE PERFORMANCE OF YOUR DUTIES OR IN TRAVEL IN CONNECTION THEREWITH" "--- QUOTING FROM THE PRESIDENT'S LETTER TO MR. SWACKER DATED AUGUST 7, 1950--- OR SIMILAR LANGUAGE. ALSO SEE THE PRESIDENT'S LETTER DATED NOVEMBER 7, 1955, APPOINTING MR. G. ALLEN DASH, JR., TO THE EMERGENCY BOARD CREATED BY EXECUTIVE ORDER NO. 10643.

WE HAVE NOT RECEIVED ANY SUBSEQUENT EVIDENCE OR INFORMATION IN THIS MATTER WHICH WOULD WARRANT A DIFFERENT INTERPRETATION OF THE APPOINTMENTS. HOWEVER, WE WILL NOT REQUIRE EMERGENCY BOARD MEMBERS TO FURNISH DETAILED REPORTS AS ARE SUBMITTED BY NEUTRAL ARBITRATORS AND REFEREES OF SPECIAL BOARDS. IT IS NECESSARY, NEVERTHELESS, THAT VOUCHERS OF EMERGENCY BOARD MEMBERS UNDER APPOINTMENTS SUCH AS HERE INVOLVED CONTAIN A STATEMENT THAT WORK OR TRAVEL REQUIRED UNDER THE APPOINTMENT WAS PERFORMED ON THE DAYS FOR WHICH COMPENSATION IS CLAIMED.

IN VIEW OF THE MISUNDERSTANDING IN THE MATTER, NO EXCEPTION WILL BE TAKEN ON EMERGENCY BOARD MEMBERS' VOUCHERS ALREADY PROCESSED NOTWITHSTANDING THE ABSENCE OF THE REQUISITE STATEMENT COVERING THE WORK OR TRAVEL PERFORMED.