B-134442, FEB. 12, 1958

B-134442: Feb 12, 1958

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THE GROSS AMOUNT STATED ON THE VOUCHER IS $74.67. 30 IN RESPONSE TO NOTIFICATION FROM AN AUTHORIZED OFFICIAL THAT AN AIRWAYS OPERATIONS FACILITY WAS NOT PERFORMING NORMALLY. VANGSNESS CLAIMS OVERTIME COMPENSATION FOR SUCH TRAVEL TIME ON THE BASIS THAT TRAVEL BETWEEN COMPONENTS OF A COMPLETE SYSTEM IS ACTUALLY A PART OF NORMAL MOVEMENTS OF A TECHNICIAN SERVICING THE SYSTEM AND SHOULD BE CONSIDERED AS WORK TIME RATHER THAN TRAVEL TIME. IS AS FOLLOWS: "TIME IN TRAVEL STATUS "SEC. 204. OR (2) WHEN THE TRAVEL INVOLVES THE PERFORMANCE OF WORK WHILE TRAVELING OR IS CARRIED OUT UNDER ARDUOUS CONDITIONS.'. DECISIONS OF OUR OFFICE HOLDING THAT OVERTIME IS PAYABLE TO PER ANNUM EMPLOYEES FOR TRAVEL TIME WHEN TRAVEL IS CARRIED OUT UNDER ARDUOUS CONDITIONS MAKING THE TRAVEL INSEPARABLE FROM WORK OR WHEN THE TRAVEL INVOLVES THE ACTUAL PERFORMANCE OF WORK RECOGNIZE THE RESTRICTED BASIS OF PAYMENT SET FORTH IN THE AFOREMENTIONED STATUTE.

B-134442, FEB. 12, 1958

TO MR. GEORGE J. MALONEY, AUTHORIZED CERTIFYING OFFICER, C/O BUDGET AND FINANCE OFFICE:

YOUR LETTER OF NOVEMBER 4, 1957, FORWARDED HERE NOVEMBER 19 BY THE BUDGET AND FINANCE OFFICE, CIVIL AERONAUTICS ADMINISTRATION, WASHINGTON, D.C., REQUESTS OUR DECISION CONCERNING THE AMOUNT PROPERLY FOR CERTIFICATION ON THE ENCLOSED PAYROLL VOUCHER STATED IN FAVOR OF KENNETH L. VANGSNESS, SUPERVISORY ELECTRONICS MAINTENANCE TECHNICIAN.

THE GROSS AMOUNT STATED ON THE VOUCHER IS $74.67, AND COVERS OVERTIME COMPENSATION FOR TIME ACTUALLY WORKED BY MR. VANGSNESS ON EMERGENCY CALL BACKS OUTSIDE OF THE REGULAR FORTY HOUR ADMINISTRATIVE WORK WEEK AND INCLUDES TIME NECESSARY TO TRAVEL FROM THE FIRST PLACE OF DUTY TO OUTLYING FACILITIES AND RETURN TRAVEL TIME TO THE ORIGINAL PLACE OF DUTY. THE RECORD SHOWS THAT AFTER THE NORMAL FORTY HOUR ADMINISTRATIVE WORK WEEK MR. VANGSNESS REPORTED FOR OVERTIME DUTY ON MAY 24, 26, AND 30 IN RESPONSE TO NOTIFICATION FROM AN AUTHORIZED OFFICIAL THAT AN AIRWAYS OPERATIONS FACILITY WAS NOT PERFORMING NORMALLY. AFTER CHECKING THE EQUIPMENT AT FIRST DUTY POINT TO DETERMINE THE SOURCE OF THE MALPERFORMANCE, MR. VANGSNESS TRAVELED TO THE MALFUNCTIONING FACILITY, AND UPON RESTORING THE FACILITY TO NORMAL OPERATION HE RETURNED TO ORIGINAL DUTY POINT. THE TIME SPENT IN TRAVELING TO AND FROM FIRST DUTY POINT AND THE MALFUNCTIONING FACILITY IN CONNECTION WITH THESE EMERGENCY CALL BACKS VARIED FROM TWENTY MINUTES TO TWO HOURS. MR. VANGSNESS CLAIMS OVERTIME COMPENSATION FOR SUCH TRAVEL TIME ON THE BASIS THAT TRAVEL BETWEEN COMPONENTS OF A COMPLETE SYSTEM IS ACTUALLY A PART OF NORMAL MOVEMENTS OF A TECHNICIAN SERVICING THE SYSTEM AND SHOULD BE CONSIDERED AS WORK TIME RATHER THAN TRAVEL TIME.

SECTION 204 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 5 U.S.C.912B, AS ADDED BY SECTION 205 (6) OF PUBLIC LAW 763, APPROVED SEPTEMBER 1, 1954, 68 STAT. 1110, IS AS FOLLOWS:

"TIME IN TRAVEL STATUS

"SEC. 204. FOR THE PURPOSES OF THIS ACT, TIME SPENT IN A TRAVEL STATUS AWAY FROM THE OFFICIAL-DUTY STATION OF ANY OFFICER OR EMPLOYEE SHALL BE CONSIDERED AS HOURS OF EMPLOYMENT ONLY WHEN (1) WITHIN THE DAYS AND HOURS OF SUCH OFFICER'S OR EMPLOYEE'S REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK, INCLUDING REGULARLY SCHEDULED OVERTIME HOURS, OR (2) WHEN THE TRAVEL INVOLVES THE PERFORMANCE OF WORK WHILE TRAVELING OR IS CARRIED OUT UNDER ARDUOUS CONDITIONS.'

DECISIONS OF OUR OFFICE HOLDING THAT OVERTIME IS PAYABLE TO PER ANNUM EMPLOYEES FOR TRAVEL TIME WHEN TRAVEL IS CARRIED OUT UNDER ARDUOUS CONDITIONS MAKING THE TRAVEL INSEPARABLE FROM WORK OR WHEN THE TRAVEL INVOLVES THE ACTUAL PERFORMANCE OF WORK RECOGNIZE THE RESTRICTED BASIS OF PAYMENT SET FORTH IN THE AFOREMENTIONED STATUTE.

IN THE INSTANT CASE, WE HOLD THAT THE TRAVEL OF MR. VANGSNESS DOES NOT COME WITHIN THE PURVIEW OF THE ABOVE-QUOTED STATUTE FOR WHICH OVERTIME WOULD BE PAYABLE SINCE THE EVIDENCE OF RECORD DOES NOT SHOW ACTUAL WORK WAS PERFORMED WHILE TRAVELING OR THAT THE TRAVEL WAS CARRIED OUT UNDER ARDUOUS CONDITIONS. THEREFORE, THE OVERTIME CLAIMED FOR TRAVEL TIME IS NOT ALLOWABLE.

ACTION ON THE VOUCHER SHOULD BE TAKEN ACCORDINGLY.