B-141389, JAN. 5, 1960
Highlights
YOUR QUESTION NOW CONCERNS THE SOLE POINT WHETHER THE TRAVEL PERFORMED BY YOU WAS UNDER ARDUOUS CONDITIONS. SINCE THE FACTS IN YOUR CASE AS WELL AS THE REASONS FOR ITS DISALLOWANCE ARE FULLY SET FORTH IN OUR SETTLEMENT THERE IS NO NEED TO REPEAT THEM HERE. THE LONG ESTABLISHED RULE IS THAT TRAVEL TO BE ARDUOUS MUST BE SUCH AS TO BE INSEPARABLY CONNECTED WITH THE WORK TO BE PERFORMED. A COPY OF THE LAST IS ENCLOSED. NORMAL AUTOMOBILE TRAVEL BETWEEN POINTS WHERE WORK IS TO BE PERFORMED MAY NOT. COPIES OF WHICH ALSO ARE ENCLOSED.
B-141389, JAN. 5, 1960
TO MR. VINCENT BRUCK:
IN YOUR UNDATED LETTER, POSTMARKED NOVEMBER 20, 1959, YOU REQUEST RECONSIDERATION OF OUR OFFICE SETTLEMENT DATED SEPTEMBER 25, 1959, WHICH DISALLOWED YOUR CLAIM FOR OVERTIME COMPENSATION INCIDENT TO DUTIES PERFORMED BY YOU AS A PER ANNUM EMPLOYEE OF THE DEPARTMENT OF THE ARMY AT THE SIGNAL LABORATORY, FORT MONMOUTH, NEW JERSEY. YOUR QUESTION NOW CONCERNS THE SOLE POINT WHETHER THE TRAVEL PERFORMED BY YOU WAS UNDER ARDUOUS CONDITIONS.
SINCE THE FACTS IN YOUR CASE AS WELL AS THE REASONS FOR ITS DISALLOWANCE ARE FULLY SET FORTH IN OUR SETTLEMENT THERE IS NO NEED TO REPEAT THEM HERE.
THE LONG ESTABLISHED RULE IS THAT TRAVEL TO BE ARDUOUS MUST BE SUCH AS TO BE INSEPARABLY CONNECTED WITH THE WORK TO BE PERFORMED. DECISIONS ILLUSTRATIVE OF THAT RULE MAY BE FOUND IN 34 COMP. GEN. 696, 26 COMP. GEN. 433; AND B-118805, DATED APRIL 7, 1954. A COPY OF THE LAST IS ENCLOSED.
NORMAL AUTOMOBILE TRAVEL BETWEEN POINTS WHERE WORK IS TO BE PERFORMED MAY NOT, HOWEVER, BE VIEWED AS TRAVEL UNDER "ARDUOUS CONDITIONS.' SEE B- 134442, DATED FEBRUARY 12, 1958, AND B-120896, DATED OCTOBER 7, 1954, COPIES OF WHICH ALSO ARE ENCLOSED.
THE TRAVEL PERFORMED BY YOU, CLEARLY APPEARS TO FALL WITHIN THE LATTER CATEGORY AND THEREFORE WE MUST SUSTAIN OFFICE SETTLEMENT OF SEPTEMBER 25, 1959.