B-133935, NOV. 18, 1957

B-133935: Nov 18, 1957

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THE REASON FOR THE DISALLOWANCE WAS THAT THIS OVERTIME SERVICE. WAS NOT ADMINISTRATIVELY APPROVED. WAS PROMULGATED AFTER COMPLETION OF THE SERVICES FOR WHICH YOU NOW CLAIM COMPENSATION AND YOU FURTHER POINT OUT THAT YOU WERE IGNORANT OF THE REGULATIONS REQUIRING ADMINISTRATIVE APPROVAL OF OVERTIME AND RELIED ON ORAL ASSURANCES FROM YOUR SUPERIOR OFFICER WHICH ASSURANCES WERE NEVER TRANSLATED INTO ADMINISTRATIVE ACTION. THE AIR FORCE REGULATIONS APPLICABLE TO THE PERIOD OF YOUR CLAIM WERE AFM 40-1. - "NONWORK TRAVEL TIME OCCURRING ON ANY DAY OUTSIDE THE EMPLOYEE'S REGULARLY SCHEDULED TOUR OF DUTY HOURS GENERALLY WILL NOT SERVE AS A BASIS FOR SALARY PAYMENT.'. THESE REGULATIONS WERE SUPERSEDED BY AFM 40-1.

B-133935, NOV. 18, 1957

TO MR. WILBURN A. MOBBS:

YOUR LETTER OF SEPTEMBER 17, 1957, REQUESTS REVIEW OF OUR SETTLEMENT OF SEPTEMBER 20, 1956, WHICH DISALLOWED YOUR CLAIM FOR OVERTIME COMPENSATION FOR TRAVEL TIME AFTER COMPLETION OF YOUR REGULAR 40-HOUR WORKWEEK AS SAFETY ENGINEER AT GRANDVIEW AIR FORCE BASE, MISSOURI, DURING THE PERIOD APRIL 26, 1954, THROUGH OCTOBER 8, 1955. THE REASON FOR THE DISALLOWANCE WAS THAT THIS OVERTIME SERVICE, CONSISTING OF NONWORK TRAVEL TIME, WAS NOT ADMINISTRATIVELY APPROVED. IN YOUR REQUEST FOR REVIEW YOU POINT OUT THAT ONE OF THE REGULATIONS QUOTED TO YOU IN OUR SETTLEMENT, NAMELY, PARAGRAPH 11C (1) GRANDVIEW AIR FORCE BASE REGULATIONS 40-6, JULY 17, 1956, WAS PROMULGATED AFTER COMPLETION OF THE SERVICES FOR WHICH YOU NOW CLAIM COMPENSATION AND YOU FURTHER POINT OUT THAT YOU WERE IGNORANT OF THE REGULATIONS REQUIRING ADMINISTRATIVE APPROVAL OF OVERTIME AND RELIED ON ORAL ASSURANCES FROM YOUR SUPERIOR OFFICER WHICH ASSURANCES WERE NEVER TRANSLATED INTO ADMINISTRATIVE ACTION.

THE AIR FORCE REGULATIONS APPLICABLE TO THE PERIOD OF YOUR CLAIM WERE AFM 40-1, AF P9.1, PARAGRAPH 16A (4), OCTOBER 23, 1950, WHICH PROVIDES---

"NONWORK TRAVEL TIME OCCURRING ON ANY DAY OUTSIDE THE EMPLOYEE'S REGULARLY SCHEDULED TOUR OF DUTY HOURS GENERALLY WILL NOT SERVE AS A BASIS FOR SALARY PAYMENT.'

ON MARCH 25, 1955, THESE REGULATIONS WERE SUPERSEDED BY AFM 40-1, AF P9.1, PARAGRAPH 15A (4) WHICH ELABORATED THE PREVIOUS REGULATIONS AS FOLLOWS:

"NONWORK TRAVEL TIME OCCURRING OUTSIDE THE EMPLOYEE'S REGULARLY SCHEDULED TOUR OF DUTY HOURS WILL NOT SERVE AS A BASIS FOR SALARY PAYMENT, EXCEPT WHEN THE TRAVEL IS PERFORMED UNDER EXTREMELY ARDUOUS CONDITIONS AS THE RESULT OF UNUSUAL CIRCUMSTANCES WHICH MAKE THE TRAVEL TIME INSEPARABLE FROM WORK DUTY.'

THIS LATTER REGULATION IS STILL IN EFFECT. THE PURPOSE OF THESE REGULATIONS IS MERELY TO EXPLAIN AND IMPLEMENT THE BASIC STATUTORY LAW WHICH IS SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 296, PROVIDING---

"SEC. 201. OFFICERS AND EMPLOYEES TO WHOM THIS TITLE APPLIES SHALL, IN ADDITION TO THEIR BASIC COMPENSATION, BE COMPENSATED FOR ALL HOURS OF EMPLOYMENT, OFFICIALLY ORDERED OR APPROVED, IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK, AT OVERTIME RATES AS FOLLOWS: * * *"

THIS STATUTE IS STILL IN FORCE WITHOUT MATERIAL AMENDMENT.

OUR OFFICE HAS HELD THAT THE TERM "HOURS OF EMPLOYMENT" AS USED IN THE STATUTE DOES NOT INCLUDE TRAVEL TIME OUTSIDE THE BASIC WORKWEEK OR THE REGULARLY ORDERED OVERTIME HOURS UNLESS THE TRAVEL BE PERFORMED UNDER CONDITIONS SO UNUSUAL AS TO WARRANT A CONCLUSION THAT SUCH TRAVEL WAS INSEPARABLE FROM WORK OR EMPLOYMENT.

CONSEQUENTLY, EVEN IF THERE WERE NO REGULATIONS ON THE SUBJECT YOUR CLAIM WOULD STILL BE BARRED BECAUSE THE REQUIREMENTS OF THE STATUTE HAVE NOT BEEN MET, SINCE, NOT ONLY DOES THE RECORD LACK ANY ADMINISTRATIVE REQUIREMENT OF THE ALLEGED ARDUOUS TRAVEL, BUT THE AIR FORCE HAS EXPRESSLY DENIED THAT APPROVAL OF OVERTIME WORK WAS GIVEN IN YOUR CASE. THEREFORE, UPON REVIEW OUR SETTLEMENT OF SEPTEMBER 20, 1956, IS SUSTAINED.