B-143919, SEP. 30, 1960

B-143919: Sep 30, 1960

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ARE AS FOLLOWS: MR. SALADIN IS A WAGE BOARD EMPLOYEE. HIS TOUR OF DUTY IS 8:00 A.M. HE WAS AUTHORIZED TO TRAVEL FROM TRACY. PER DIEM WAS AUTHORIZED AT $12 A DAY FOR THE FIRST 21 DAYS AND AT $8 A DAY THEREAFTER. IN PROCESSING THE TRAVEL VOUCHER THREE DAYS PER DIEM WAS ADMINISTRATIVELY DEDUCTED FOR EXCESS TRAVEL TIME ON THE BASIS THAT SINCE MR. HIS PER DIEM SHOULD BE COMPUTED ON THE BASIS THAT HE COULD HAVE TAKEN AN AIRPLANE FROM BALTIMORE FRIENDSHIP AIRPORT AT 6:45 P.M. - WHERE FOR TRAVELER'S PERSONAL CONVENIENCE OR THROUGH THE TAKING OF LEAVE THERE IS INTERRUPTION OF TRAVEL OR DEVIATION FROM THE DIRECT ROUTE. THE PER DIEM IN LIEU OF SUBSISTENCE ALLOWED WILL NOT EXCEED THAT WHICH WOULD HAVE BEEN INCURRED ON UNINTERRUPTED TRAVEL BY A USUALLY TRAVELED ROUTE.'.

B-143919, SEP. 30, 1960

TO MR. WILLIAM J. RIDER, AUTHORIZED CERTIFYING OFFICER, BUREAU OF RECLAMATION:

YOUR LETTER OF AUGUST 26, 1960, TRANSMITTED HERE ON SEPTEMBER 7, 1960, BY THE CHIEF, DIVISION OF PROGRAM COORDINATION AND FINANCE, REQUESTS OUR DECISION WHETHER A SUPPLEMENTAL PAYROLL VOUCHER IN FAVOR OF MR. JAMES H. SALADIN, JR., FOR $143.33 REPRESENTING 21 1/2 HOURS OF OVERTIME AT $6.62 PER HOUR, WHILE TRAVELING, MAY BE CERTIFIED FOR PAYMENT.

THE FACTS, AS STATED IN YOUR LETTER, ARE AS FOLLOWS: MR. SALADIN IS A WAGE BOARD EMPLOYEE; HIS TOUR OF DUTY IS 8:00 A.M. TO 4:30 P.M., MONDAY THROUGH FRIDAY; HE WAS AUTHORIZED TO TRAVEL FROM TRACY, CALIFORNIA, HIS OFFICIAL STATION, TO WASHINGTON, D.C., AND RETURN DURING THE PERIOD BEGINNING ON OR ABOUT APRIL 4, 1960, AND ENDING ON OR ABOUT MAY 7, 1960; AND PER DIEM WAS AUTHORIZED AT $12 A DAY FOR THE FIRST 21 DAYS AND AT $8 A DAY THEREAFTER.

MR. SALADIN LEFT TRACY AT 6:00 A.M. MONDAY, APRIL 4, AND ARRIVED IN WASHINGTON AT 8:20 P.M. THAT EVENING. HE COMPLETED HIS ASSIGNMENT AT THE CLOSE OF BUSINESS FRIDAY, APRIL 29, 1960. HE LEFT WASHINGTON AT 6:00 P.M.; FLEW TO MEMPHIS, TENNESSEE, FOR THE WEEKEND; TOOK ANNUAL LEAVE FOR PART OF MONDAY; LEFT MEMPHIS AT 3:00 P.M. MONDAY, MAY 2, AND ARRIVED IN TRACY THAT EVENING AT 1:15 P.M. HE CLAIMED PER DIEM FOR THE TRIP THROUGH MONDAY, MAY 2.

IN PROCESSING THE TRAVEL VOUCHER THREE DAYS PER DIEM WAS ADMINISTRATIVELY DEDUCTED FOR EXCESS TRAVEL TIME ON THE BASIS THAT SINCE MR. SALADIN ELECTED TO BEGIN TRAVEL FOR PERSONAL REASONS AT :00 P.M. ON FRIDAY, HIS PER DIEM SHOULD BE COMPUTED ON THE BASIS THAT HE COULD HAVE TAKEN AN AIRPLANE FROM BALTIMORE FRIENDSHIP AIRPORT AT 6:45 P.M. AND ARRIVED IN TRACY AT APPROXIMATELY 1:15 P.M., APRIL 29.

MR. SALADIN HAS PROTESTED THE DEDUCTION FOR EXCESS TRAVEL TIME AND IN ADDITION HAS SUBMITTED A CLAIM FOR OVERTIME COMPENSATION AT $6.62 PER HOUR FOR ACTUAL TRAVEL TIME OF 5 1/2 HOURS ON MONDAY, APRIL 4, AND 10 HOURS ON FRIDAY, APRIL 29, BASED ON THE CONSTRUCTIVE TRAVEL TIME USED BY THE ADMINISTRATIVE OFFICE IN COMPUTING HIS PER DIEM IN LIEU OF SUBSISTENCE.

HE HAS ALSO CLAIMED OVERTIME COMPENSATION AT $6.62 PER HOUR, FOR TIME SPENT IN RETURN TRAVEL TO TRACY, CALIFORNIA, ON SATURDAY, MAY 21, 1960, UPON THE COMPLETION OF A TEMPORARY DUTY ASSIGNMENT IN SALT LAKE CITY. LEFT SALT LAKE CITY AT 7:00 A.M. AND ARRIVED IN TRACY AT 1:00 P.M.

SECTION 6.10 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES:

"INDIRECT-ROUTE OR INTERRUPTED TRAVEL.--- WHERE FOR TRAVELER'S PERSONAL CONVENIENCE OR THROUGH THE TAKING OF LEAVE THERE IS INTERRUPTION OF TRAVEL OR DEVIATION FROM THE DIRECT ROUTE, THE PER DIEM IN LIEU OF SUBSISTENCE ALLOWED WILL NOT EXCEED THAT WHICH WOULD HAVE BEEN INCURRED ON UNINTERRUPTED TRAVEL BY A USUALLY TRAVELED ROUTE.'

CONSEQUENTLY, UNDER THE REGULATION JUST QUOTED, AND THE RELATED FACTS AND CIRCUMSTANCES, PER DIEM FOR SATURDAY, APRIL 30, THROUGH MONDAY, MAY 2, WAS PROPERLY DISALLOWED.

WE HELD IN 27 COMP. GEN. 613 THAT WAGE BOARD EMPLOYEES, AS DISTINGUISHED FROM PER ANNUM EMPLOYEES, WOULD BE ENTITLED, UPON THE PROMULGATION OF OTHERWISE PROPER ADMINISTRATIVE REGULATIONS, TO OVERTIME COMPENSATION FOR TRAVEL TIME ON NON-WORKDAYS WHICH, WHEN ADDED IN AN AMOUNT EQUAL TO A NORMAL WORKDAY TO THE TIME WORKED, EITHER AT THEIR PERMANENT STATIONS OR WHILE TRAVELING, EXCEEDS 40 HOURS PER DIEM. ALSO, SEE B-135042, APRIL 21, 1958, COPY ENCLOSED.

PARAGRAPH 315.5.7 OF RECLAMATION INSTRUCTIONS, SERIES 310, PART 315, STATES IN PERTINENT PART:

"/2) TRAVEL TIME FALLING WITHIN THE EMPLOYEE'S REGULAR TOUR OF DUTY WILL BE CONSIDERED AS DUTY STATUS. TRAVEL TIME OCCURRING OUTSIDE THE REGULAR SCHEDULED DAILY HOURS OF DUTY ON EITHER A WORK DAY OR NONWORK DAY WILL NOT SERVE AS A BASIS FOR COMPENSATION.

"/3) TRAVEL TIME ON NONWORK DAYS DURING NORMAL WORK HOURS, IN AN AMOUNT NOT IN EXCESS OF THE LENGTH OF THE NORMAL WORKDAY, WILL BE ADDED TO THE HOURS CREDITED TOWARD COMPLETION OF THE EMPLOYEE'S REGULAR TOUR OF DUTY, AND COMPENSATION AT OVERTIME RATES WILL BE PAID FOR ALL HOURS IN EXCESS OF 40 WITHIN AN ADMINISTRATIVE WORKWEEK.'

SINCE THE TRAVEL ACTUALLY AND CONSTRUCTIVELY PERFORMED BETWEEN TRACY AND WASHINGTON OCCURRED ON REGULARLY SCHEDULED WORKDAYS, THE AMOUNT REPRESENTING OVERTIME COMPENSATION FOR SUCH TRAVEL TIME MAY NOT BE CERTIFIED FOR PAYMENT.

SINCE PAYMENT OF OVERTIME FOR TRAVEL ON NON-WORKDAYS WHICH OCCURS OUTSIDE THE EMPLOYEE'S NORMAL WORKING HOURS IS NOT AUTHORIZED UNDER THE REGULATIONS, THE AMOUNT REPRESENTING OVERTIME FOR TRAVEL ON SATURDAY, MAY 21, PRIOR TO 8:00 A.M., MAY NOT BE CERTIFIED FOR PAYMENT.

THE EMPLOYEE IS ENTITLED TO OVERTIME COMPENSATION FOR THE TIME SPENT IN TRAVEL BETWEEN 8:00 A.M. AND 1:00 P.M. SATURDAY, MAY 21. THEREFORE, THE PAYROLL VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT FOR $33.10 IF OTHERWISE CORRECT.

BUREAU VOUCHERS 89886 AND 89613 (TRAVEL VOUCHERS) ARE ALSO RETURNED HEREWITH. A COPY OF THIS DECISION IS BEING SENT TO THE CHIEF, DIVISION OF PROGRAM COORDINATION AND FINANCE PURSUANT TO HIS ..END :