B-135690, MAY 8, 1958

B-135690: May 8, 1958

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BEARDSLEY WAS ISSUED A TRAVEL ORDER TO EFFECT. UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED YOU ASK WHETHER THE RULE "THE EFFECTIVE DATE OF A CHANGE OF HEADQUARTERS IS THE DATE THE EMPLOYEE ARRIVES AT THE NEW STATION WITH KNOWLEDGE OF SUCH CHANGE" IS FOR APPLICATION IN THIS CASE. WHOSE OFFICIAL DUTY STATION WAS SYRACUSE. WAS DIRECTED UNDER OFFICIAL TRAVEL ORDER NO. 24. THE DECEMBER DUTY IN BUFFALO WAS FOR THE PURPOSE OF HELPING TO ALLEVIATE A BACKLOG OF WORK. AT THE SAME TIME HE WAS REQUIRED TO KEEP HIS WORK AT SYRACUSE CURRENT BEFORE OFFICIALLY CHANGING HIS DUTY STATION. THE VOUCHER BEFORE US SHOWS THAT ALL DUTY DURING DECEMBER 1957 WAS PERFORMED IN EITHER SYRACUSE OR BUFFALO. REPRESENTED WORK AS A SAFETY INSPECTOR AND HIS OFFICIAL DUTY STATION WAS SYRACUSE.

B-135690, MAY 8, 1958

TO MR. RAY E. SOLIDAY, AUTHORIZED CERTIFYING OFFICER, INTERSTATE COMMERCE COMMISSION:

ON MARCH 27, 1958, REFERENCE MMF, YOU SUBMITTED FOR OUR DECISION A VOUCHER FROM MR. ROBERT C. BEARDSLEY, SAFETY INSPECTOR, COVERING, IN PART, PER DIEM WHILE ON TEMPORARY DUTY AT BUFFALO, NEW YORK, FOR THE PERIODS DECEMBER 2 THROUGH 5, DECEMBER 9 THROUGH 12 AND DECEMBER 16 THROUGH 19, WITH INTERVENING DUTY AT SYRACUSE, NEW YORK, HIS PERMANENT DUTY STATION. YOU POINT OUT THAT ON NOVEMBER 27, 1957, MR. BEARDSLEY WAS ISSUED A TRAVEL ORDER TO EFFECT, ON OR ABOUT DECEMBER 22, 1957, A CHANGE IN HIS OFFICIAL DUTY STATION FROM SYRACUSE TO BUFFALO. UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED YOU ASK WHETHER THE RULE "THE EFFECTIVE DATE OF A CHANGE OF HEADQUARTERS IS THE DATE THE EMPLOYEE ARRIVES AT THE NEW STATION WITH KNOWLEDGE OF SUCH CHANGE" IS FOR APPLICATION IN THIS CASE.

THE RECORD SHOWS THAT MR. BEARDSLEY, WHOSE OFFICIAL DUTY STATION WAS SYRACUSE, NEW YORK, WAS DIRECTED UNDER OFFICIAL TRAVEL ORDER NO. 24, DATED JULY 1, 1957, COVERING TRAVEL FROM THAT DATE UNTIL JUNE 30, 1958, TO PERFORM TEMPORARY DUTY AT VARIOUS POINTS, INCLUDING BUFFALO, IN HIS CAPACITY AS SAFETY INSPECTOR. THE DECEMBER DUTY IN BUFFALO WAS FOR THE PURPOSE OF HELPING TO ALLEVIATE A BACKLOG OF WORK. AT THE SAME TIME HE WAS REQUIRED TO KEEP HIS WORK AT SYRACUSE CURRENT BEFORE OFFICIALLY CHANGING HIS DUTY STATION. MR. BEARDSLEY, THE RECORD SHOWS, ASSUMED THE DUTIES OF HIS NEW POSITION--- DISTRICT SUPERVISOR--- ON DECEMBER 27, WHEN HE ARRIVED IN BUFFALO UNDER TRAVEL ORDER NO. 503, DATED NOVEMBER 27, 1957, WHICH AUTHORIZED THE CHANGE OF DUTY STATION. THE VOUCHER BEFORE US SHOWS THAT ALL DUTY DURING DECEMBER 1957 WAS PERFORMED IN EITHER SYRACUSE OR BUFFALO.

SINCE THE WORK PERFORMED AT BUFFALO BY MR. BEARDSLEY DURING THE PERIODS FROM DECEMBER 2 TO 19, 1957, REPRESENTED WORK AS A SAFETY INSPECTOR AND HIS OFFICIAL DUTY STATION WAS SYRACUSE, NEW YORK, AND IN VIEW OF THE ADMINISTRATIVE EXPLANATION OF THE BASIS FOR THE TEMPORARY DUTY AT BUFFALO, AFTER KNOWLEDGE THAT HIS DUTY STATION SUBSEQUENTLY--- ON OR ABOUT DECEMBER 22--- WOULD BE CHANGED THERETO, PER DIEM IS AUTHORIZED FOR THE PERIODS OF TEMPORARY DUTY INVOLVED. THUS, THE FOREGOING RULE IS NOT FOR APPLICATION IN THIS CASE IN VIEW OF THE STATED FACTS AND CIRCUMSTANCES. THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.

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