B-141690, JAN. 25, 1960

B-141690, JAN. 25, 1960

TO MR. R. J. STOTZ:

THIS REFERS TO YOUR LETTER OF JANUARY 12, 1960, FILE DM:RWT:IMP 5330 SER. 222, WITH ENCLOSURES, REQUESTING OUR DECISION AS TO WHETHER ADDITIONAL COMPENSATION FOR OVERTIME SERVICES PROPERLY MAY BE CERTIFIED FOR PAYMENT TO THREE CIVILIAN EMPLOYEES OF THE NAVAL ORDNANCE LABORATORY TEST FACILITY, FORT LAUDERDALE, FLORIDA. THE SERVICES IN QUESTION INVOLVE THREE INDIVIDUALS--- PRESUMABLY EMPLOYED ON A PER ANNUM BASIS--- WHO ARE MEMBERS OF THE SECURITY FORCE ASSIGNED TO GUARD DUTY AT THE ABOVE- MENTIONED FACILITY.

NO VOUCHERS COVERING PAYMENT FOR OVERTIME SERVICES ACCOMPANIED YOUR LETTER. AS A CERTIFYING OFFICER YOU ARE NOT ENTITLED TO A DECISION EXCEPT AS TO A QUESTION OF LAW INVOLVED IN A PAYMENT ON A VOUCHER PRESENTED TO YOU FOR CERTIFICATION. 31 U.S.C. 82D. IN THIS CASE, THE REQUIREMENTS FOR VOUCHERS WILL BE WAIVED--- IT APPEARING THAT THE QUESTION OF LAW IS ACTUALLY BEFORE YOU IN CONNECTION WITH YOUR CERTIFICATION OF THE AMOUNTS DUE, IF ANY. 35 COMP. GEN. 28 (2ND PARAGRAPH); 26 ID. 797; 21 ID. 1128.

YOUR LETTER AND THE ENCLOSURES DISCLOSE THAT EACH EMPLOYEE MAINTAINS A DAILY EIGHT-HOUR WATCH AT AN ESTABLISHED GUARD POST LOCATION WHICH IS INACCESSIBLE BY MEANS OF AN ORDINARY PASSENGER CARRYING MOTOR VEHICLE. NOTE THAT IN ORDER TO MAINTAIN THE DESIRED ROUND-THE-CLOCK WATCH, IT IS NECESSARY TO REQUIRE EACH GUARD TO REPORT FOR DUTY AT BUILDING 15, BROWARD COUNTY INTERNATIONAL AIRPORT, ONE HOUR EARLY TO ENABLE HIM TO PICK UP A FOUR-WHEEL DRIVE GOVERNMENT-OWNED VEHICLE--- THE ONLY TYPE OF AVAILABLE VEHICLE REPORTED AS UNABLE--- FOR TRAVEL OVER THE SANDY BEACH ROAD TO AND FROM THE POST OF ASSIGNMENT LOCATED SOME 10 OR 15 MILES AWAY. THE GOVERNMENT-OWNED VEHICLE IS USED BY EACH EMPLOYEE FOR THE ROUND-TRIP TRAVEL BETWEEN BUILDING 15 AND THE PLACE WHERE HE DAILY PERFORMS AN EIGHT- HOUR WATCH.

YOU REPORT, ALSO, THAT WHILE PERFORMING TRAVEL VIA GOVERNMENT-OWNED VEHICLE, EACH GUARD IS REQUIRED TO MAKE ONE STOP OR SECURITY CHECK WHEN PASSING THE SOUTH PLOTTING TOWER LOCATED NEAR WHERE DANIA BEACH ROAD CONNECTS WITH HOLLYWOOD BEACH ROAD. HENCE, EACH EMPLOYEE PERFORMS TWO SECURITY CHECKS DAILY IN ADDITION TO THE REGULARLY PRESCRIBED TOUR OF DUTY. IT IS APPARENT FROM YOUR SUBMISSION THAT THE ABOVE-MENTIONED EMPLOYMENT ARRANGEMENT HAS BEEN IN OPERATION SINCE ON OR ABOUT DECEMBER 19, 1959, AND WILL BE CONTINUED UNTIL SUCH TIME AS AN ADEQUATE AND MORE ACCESSIBLE ROAD TO SUCH POST OF ASSIGNMENT CAN BE CONSTRUCTED.

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

"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 WORKSHEET, INCLUDING REGULARLY SCHEDULED OVERTIME HOURS, OR (2) WHEN THE TRAVEL INVOLVES THE PERFORMANCE OF WORK WHILE TRAVELING OR IS CARRIED OUT UNDER ARDUOUS CONDITIONS.'

YOU WILL OBSERVE THAT UNDER SUBSECTION (2) OF THE QUOTED STATUTORY PROVISIONS, THE PAYMENT OF OVERTIME COMPENSATION FOR TRAVEL TIME IS ALLOWABLE WHEN THERE IS ACTUAL PERFORMANCE OF WORK WHILE TRAVELING, OR THE TRAVEL IS CARRIED OUT UNDER ARDUOUS CONDITIONS MAKING THE TRAVEL INSEPARABLE FROM "WORK" OR "EMPLOYMENT" WITHIN THE MEANING OF THE OVERTIME STATUTES. SEE 34 COMP. GEN. 696; 33 ID. 274; 28 ID. 547, ID. 183.

IN LIGHT OF THE RULINGS JUST CITED, AND SINCE THE FACTS AS REPORTED ABOVE CLEARLY SHOW THAT EACH EMPLOYEE WAS REQUIRED AND DID ACTUALLY PERFORM SOME OFFICIALLY ASSIGNED DUTY OUTSIDE HIS REGULARLY SCHEDULED EIGHT-HOUR TOUR, WE ARE OF THE VIEW THAT THE EMPLOYEES IN QUESTION ARE ENTITLED TO OVERTIME COMPENSATION FOR SUCH SERVICES.