B-143074, SEP. 29, 1960

B-143074: Sep 29, 1960

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STEVENS WAS A MEMBER OF A SURVEY PARTY AT THE U.S. THE PERTINENT REGULATIONS ARE DEPARTMENT OF THE ARMY CIVILIAN PERSONNEL REGULATIONS. WHICH ARE IDENTICAL IN WORDING. PROVIDE: "THE ABOVE REGULATIONS GOVERNING TIME SPENT IN A TRAVEL STATUS AWAY FROM PERMANENT DUTY STATIONS UNDER OFFICIAL TRAVEL ORDERS ARE INAPPLICABLE TO SITUATIONS INVOLVING TRAVEL WHICH IS AN INHERENT PART OF. TIME SPENT IN SUCH INHERENT TRAVEL IS PAYABLE AT REGULAR OR OVERTIME RATES. NO TRAVEL ORDERS ARE ISSUED. THE EMPLOYEES ARE NOT IN A "TRAVEL STATUS" AS DEFINED IN PARAGRAPH 7-3A. READS AS FOLLOWS: "INCIDENTAL DUTIES DIRECTLY CONNECTED WITH THE PERFORMANCE OF A GIVEN JOB ARE CONSIDERED ASSIGNED DUTIES. TIME SPENT IN THEIR PERFORMANCE IS TO BE INCLUDED IN THE DAILY SCHEDULE OF WORKING HOURS.

B-143074, SEP. 29, 1960

TO THE SECRETARY OF THE ARMY:

ON AUGUST 8, 1960, THE ACTING ENGINEER COMPTROLLER, HEADQUARTERS, OFFICE OF THE CHIEF OF ENGINEERS, REQUESTED INFORMATION CONCERNING THE BASIS FOR OUR SETTLEMENT OF JULY 22, 1960, IN FAVOR OF CHARLES H. STEVENS, A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY. HE ALSO REQUESTED TO BE ADVISED WHETHER APPROXIMATELY 34 SIMILAR CLAIMS THE DISTRICT ENGINEER, VICKSBURG DISTRICT, HAS PENDING MAY BE PAID ON THE SAME BASIS AT THE INSTALLATION LEVEL.

MR. STEVENS WAS A MEMBER OF A SURVEY PARTY AT THE U.S. ARMY ENGINEER DISTRICT, VICKSBURG CORPS OF ENGINEERS, VICKSBURG, MISSISSIPPI. CLAIMED OVERTIME RATES FOR TIME REQUIRED TO TRAVEL FROM THE ASSEMBLY POINT TO THE SURVEY SITE AND RETURN EACH DAY DURING THE PERIODS MARCH 2 TO JUNE 26, AND JULY 13 TO AUGUST 19, 1959.

THE PERTINENT REGULATIONS ARE DEPARTMENT OF THE ARMY CIVILIAN PERSONNEL REGULATIONS, (7-12,"TRAVEL TIME INCIDENTAL TO WORK," DATED DECEMBER 9, 1957, AND JUNE 22, 1959, AND CPR H2.2-8, DATED NOVEMBER 3, 1954, AND CPR H2.2-7, DATED MARCH 2, 1959, WHICH SUPERSEDED CPR H2.2-8, NOVEMBER 3, 1954.

CPR P1.7-12 DATED DECEMBER 9, 1957, AND JUNE 22, 1959, WHICH ARE IDENTICAL IN WORDING, PROVIDE:

"THE ABOVE REGULATIONS GOVERNING TIME SPENT IN A TRAVEL STATUS AWAY FROM PERMANENT DUTY STATIONS UNDER OFFICIAL TRAVEL ORDERS ARE INAPPLICABLE TO SITUATIONS INVOLVING TRAVEL WHICH IS AN INHERENT PART OF, AND INSEPARABLE FROM, THE WORK ITSELF, AS ILLUSTRATED BELOW. TIME SPENT IN SUCH INHERENT TRAVEL IS PAYABLE AT REGULAR OR OVERTIME RATES, * * *. FOR EXAMPLE, THE DAY-TO-DAY ACTIVITIES OF A SURVEY PARTY INVOLVE TRAVEL BETWEEN AN ASSEMBLY POINT AND A SURVEY SITE, AND BETWEEN SURVEY SITES, AS A MATTER OF COURSE. NO TRAVEL ORDERS ARE ISSUED, AND THE EMPLOYEES ARE NOT IN A "TRAVEL STATUS" AS DEFINED IN PARAGRAPH 7-3A. ALL TIME SPENT IN TRAVELING BETWEEN THE ASSEMBLY POINT AND THE WORK SITE, OR BETWEEN WORK SITES, MAY BE COUNTED AS EMPLOYMENT FOR PAY PURPOSES.'

CPR H2.2-7, MARCH 2, 1959, WHICH REVISED CPR H2.2-8, NOVEMBER 3, 1954, BY ADDING THE FOLLOWING UNDERLINED PORTIONS OF THE REGULATIONS, READS AS FOLLOWS:

"INCIDENTAL DUTIES DIRECTLY CONNECTED WITH THE PERFORMANCE OF A GIVEN JOB ARE CONSIDERED ASSIGNED DUTIES, AND TIME SPENT IN THEIR PERFORMANCE IS TO BE INCLUDED IN THE DAILY SCHEDULE OF WORKING HOURS. THIS INCLUDES TIME SPENT IN TRAVEL WHICH IS AN INHERENT PART OF, AND INSEPARABLE FROM, THE WORK ITSELF (SEE CPR P1.7). * * * EXAMPLES OF SITUATIONS INVOLVING INCIDENTAL DUTIES ARE OUTLINED BELOW.

"C. THE DAY-TO-DAY ACTIVITIES OF A TOPOGRAPHIC SURVEY PARTY INVOLVE TRAVEL BETWEEN AN ASSEMBLY POINT AND A SURVEY SITE, AND BETWEEN SURVEY SITES, AS A MATTER OF COURSE. TIME SPENT IN SUCH TRAVEL IS INCLUDED IN THE ESTABLISHED TOUR OF DUTY.'

THE VICKSBURG DISTRICT RECEIVED THE REVISED CIVILIAN PERSONNEL REGULATIONS H2, DATED MARCH 2, 1959, ON MARCH 30, 1959. THE TOUR OF DUTY FOR SURVEY SECTION PERSONNEL WAS NOT CHANGED TO INCLUDE TRAVEL TIME BETWEEN THE ASSEMBLY POINT AND SURVEY SITE UNTIL AUGUST 17, 1959, WHEN A DETERMINATION WAS MADE THAT THE CLAIMANT AND OTHER MEMBERS OF HIS PARTY WERE IN A WORK STATUS DURING TRAVEL BETWEEN THE ASSEMBLY POINT AND SURVEY SITE. THE OFFICE OF THE CHIEF OF ENGINEERS REPORTED IN LETTER DATED APRIL 6, 1960, THAT THE LAST PREVIOUS DETERMINATION MADE WAS THAT TRAVEL STATUS WAS PROPER FOR THE TRAVEL BETWEEN THE ASSEMBLY POINT AND WORK SITE; THAT THE TRAVEL WAS PERFORMED OUTSIDE THE TOUR OF DUTY; AND, EXCEPT FOR THE PERIOD JULY 17 THROUGH AUGUST 7, THE TRAVEL WAS PURSUANT TO OFFICIAL ORDERS.

CPR P1.7-12, DECEMBER 9, 1957, AND JUNE 22, 1959, SPECIFICALLY STATE THAT TIME SPENT IN TRAVEL BETWEEN AN ASSEMBLY POINT AND SURVEY SITE IS AN INHERENT PART OF AND INSEPARABLE FROM THE WORK ITSELF; THAT THE EMPLOYEES ARE NOT IN A TRAVEL STATUS; AND THAT TIME SPENT IN SUCH INHERENT TRAVEL IS PAYABLE AT REGULAR OR OVERTIME RATES. THE PROVISIONS OF CPR H2.2-7, MARCH 2, 1959, FOLLOW THOSE OF CPR PL/7-12. BY VIRTUE OF THE REGULATIONS THE EMPLOYEES WERE IN A WORK STATUS DURING THE TIME SPENT IN TRAVEL BETWEEN THE ASSEMBLY POINT AND SURVEY SITE. WE SEE NO BASIS FOR AN ADMINISTRATIVE DETERMINATION OTHERWISE. THEREFORE, MR. STEVENS' CLAIM WAS ALLOWED FOR THE PERIODS MARCH 2, TO JUNE 26, AND JULY 13, TO AUGUST 18, 1959.

THE APPROXIMATELY 34 CLAIMS OF LIKE CHARACTER WHICH ARE BEFORE THE DISTRICT ENGINEER FOR CONSIDERATION MAY BE PAID AT THE INSTALLATION LEVEL WITHOUT THEIR REFERRAL TO OUR OFFICE.