B-131808, SEP. 13, 1957

B-131808: Sep 13, 1957

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THE STANDBY TIME AT THEIR RESPECTIVE HOMES WHICH ARE NOT LOCATED AT OR WITHIN THE CONFINES OF THE LABORATORY BUT WHICH ARE DESIGNATED AS THEIR DUTY STATIONS FOR STANDBY TIME PURPOSES. HIS STATION" IS SPECIFIC AND LIMITED. SUCH DESIGNATION IS MADE. THE EMPLOYEE IS ENTITLED TO PREMIUM COMPENSATION ON AN ANNUAL BASIS UNDER THE PROVISIONS OF SECTION 401 (1). WE CONCUR WITH THE COMMISSION'S INTERPRETATION AND HAVE AUTHORIZED FAVORABLE ACTION IN THIS CASE.

B-131808, SEP. 13, 1957

TO HONORABLE HARRIS ELLSWORTH, CHAIRMAN UNITED STATES CIVIL SERVICE COMMISSION.

IN OUR LETTER OF JUNE 24, 1957, TO YOU, WE QUESTIONED THE ADMINISTRATIVE INTERPRETATION OF SECTION 25.253 (B) (3) OF YOUR REGULATIONS BY THE NAVAL RESEARCH LABORATORY IN AUTHORIZING THEREUNDER PREMIUM COMPENSATION FOR STANDBY TIME ON AN ANNUAL BASIS FOR THREE HEALTH PHYSICISTS WHO PERFORMED A 40 HOUR TOUR OF DUTY AT THEIR OFFICIAL DUTY STATION, THE NAVAL RESEARCH LABORATORY, AND THE STANDBY TIME AT THEIR RESPECTIVE HOMES WHICH ARE NOT LOCATED AT OR WITHIN THE CONFINES OF THE LABORATORY BUT WHICH ARE DESIGNATED AS THEIR DUTY STATIONS FOR STANDBY TIME PURPOSES. YOU FURNISHED YOUR VIEWS ON THE MATTER IN YOUR LETTER OF AUGUST 23, 1957, TO OUR OFFICE.

THE LANGUAGE OF SECTION 401 (1) 68 STAT. 1111,"AT, OR WITHIN THE CONFINES OF, HIS STATION" IS SPECIFIC AND LIMITED. YOUR LETTER CONCERNING THAT LANGUAGE AND THE LANGUAGE OF SECTION 25.253 (B) (3) IMPLEMENTING THE STATUTORY LANGUAGE EXPRESSES THE VIEW OF THE COMMISSION THAT WHEN ADMINISTRATIVE NECESSITY EXISTS FOR DESIGNATING AN EMPLOYEE'S HOME AS A DUTY STATION FOR STANDBY DUTY, AND SUCH DESIGNATION IS MADE, THE EMPLOYEE IS ENTITLED TO PREMIUM COMPENSATION ON AN ANNUAL BASIS UNDER THE PROVISIONS OF SECTION 401 (1), ABOVE, IF OTHERWISE PROPER. WE CONCUR WITH THE COMMISSION'S INTERPRETATION AND HAVE AUTHORIZED FAVORABLE ACTION IN THIS CASE.