B-145587, MAY 17, 1961

B-145587: May 17, 1961

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GREEN WAS REQUIRED TO TRAVEL TO VARIOUS STATIONS IN HIS AREA BETWEEN JANUARY 24 AND JANUARY 28. GREEN WAS ORDERED TO PERFORM WORK AT THE WEATHER STATIONS ON THAT SATURDAY THE QUESTION ARISES AS TO WHETHER "ORDERED OVERTIME HOURS" INCLUDED NOT ONLY HIS ACTUAL WORKING TIME BUT ALSO THE TIME HE SPENT IN TRAVEL BETWEEN DUTY POINTS AND THAT HE IS. YOU SAY THAT YOU HAVE IN THE PAST AUTHORIZED COMPENSATORY TIME OR OVERTIME COMPENSATION ONLY FOR THE HOURS OF ACTUAL WORK ON NONWORKDAYS REGARDLESS OF THE NUMBER OF HOURS SPENT IN TRAVELING. YOU EXPRESS THE VIEW THAT IF YOU ARE AUTHORIZED TO INCLUDE TRAVEL TIME IN SUCH PAYMENTS OR GRANTS OF COMPENSATORY TIME IT WOULD "LESSEN ANY TENDENCY TO CONFINE TRIPS TO TRAVEL MONDAY THROUGH FRIDAY.'.

B-145587, MAY 17, 1961

TO MR. M. O. SWENSON, AUTHORIZED CERTIFYING OFFICER, WEATHER BUREAU:

ON APRIL 11, 1961, REFERENCE RO4-3.2, YOU REQUESTED OUR DECISION WHETHER YOU MAY APPROVE COMPENSATORY TIME OFF IN LIEU OF OVERTIME COMPENSATION FOR MR. SAMUEL D. GREEN, AN EMPLOYEE OF THE WEATHER BUREAU, UNITED STATES DEPARTMENT OF COMMERCE AT THE WEATHER BUREAU AIRPORT STATION, SALT LAKE CITY, UTAH, FOR TIME SPENT BY HIM DRIVING A GOVERNMENT-OWNED VEHICLE ON SATURDAY, JANUARY 28, 1961, HIS NORMAL NONWORKDAY, IN THE CIRCUMSTANCES SET OUT BELOW.

MR. GREEN'S DUTIES AS A FIELD AIDE REQUIRE HIM TO SPEND MUCH OF HIS TIME IN A TRAVEL STATUS AWAY FROM HIS ASSIGNED POST OF DUTY IN ORDER THAT HE MAY SUPERVISE, INSPECT, AND MAINTAIN OUTLYING WEATHER STATIONS. OCCUPIES A CLASSIFICATION ACT POSITION. BY TRIP AUTHORIZATION NO. 14, JANUARY 24, 1961, UNDER TRAVEL ORDER NO. SLC-64, JULY 1, 1960, MR. GREEN WAS REQUIRED TO TRAVEL TO VARIOUS STATIONS IN HIS AREA BETWEEN JANUARY 24 AND JANUARY 28. THE TRIP AUTHORIZATION INCLUDED ACTUAL PERFORMANCE OF WORK AT TWO WEATHER STATIONS ON SATURDAY, JANUARY 28, AND TRAVEL BETWEEN THE STATIONS AND BACK TO HIS OFFICIAL STATION. MR. GREEN WORKED 3 HOURS AND TRAVELED 5 HOURS ON THAT DAY. YOU POINT OUT THAT THE EMPLOYEE ELECTS TO RECEIVE COMPENSATORY OVERTIME IN LIEU OF OVERTIME PAY.

YOU SAY THAT SINCE MR. GREEN WAS ORDERED TO PERFORM WORK AT THE WEATHER STATIONS ON THAT SATURDAY THE QUESTION ARISES AS TO WHETHER "ORDERED OVERTIME HOURS" INCLUDED NOT ONLY HIS ACTUAL WORKING TIME BUT ALSO THE TIME HE SPENT IN TRAVEL BETWEEN DUTY POINTS AND THAT HE IS, THEREFORE, ENTITLED TO COMPENSATORY TIME OFF IN LIEU OF OVERTIME COMPENSATION FOR A TOTAL OF 8 HOURS. YOU POINT OUT THAT THE JOB DESCRIPTION APPLICABLE TO MR. GREEN'S POSITION INCLUDES THE DUTY OF DRIVING BETWEEN WEATHER STATIONS. YOU SAY THAT YOU HAVE IN THE PAST AUTHORIZED COMPENSATORY TIME OR OVERTIME COMPENSATION ONLY FOR THE HOURS OF ACTUAL WORK ON NONWORKDAYS REGARDLESS OF THE NUMBER OF HOURS SPENT IN TRAVELING. YOU EXPRESS THE VIEW THAT IF YOU ARE AUTHORIZED TO INCLUDE TRAVEL TIME IN SUCH PAYMENTS OR GRANTS OF COMPENSATORY TIME IT WOULD "LESSEN ANY TENDENCY TO CONFINE TRIPS TO TRAVEL MONDAY THROUGH FRIDAY.' YOU POINT OUT THAT THE EMPLOYEE MAY BE AWAY FROM HEADQUARTERS FOR AS LONG AS 3 WEEKS AT A TIME, AND THAT ON HIS TRIPS HE USUALLY IS ASSIGNED STATION VISITS ON SATURDAYS.

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

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

AN EMPLOYEE WHO IS ORDERED TO PERFORM OVERTIME DUTY AT A LOCATION OTHER THAN HIS DUTY STATION IS NOT ENTITLED TO OVERTIME COMPENSATION OR COMPENSATORY TIME OFF FOR THE TIME SPENT TRAVELING TO THE PLACE WHERE HE IS TO PERFORM DUTY--- OTHER THAN DURING REGULARLY SCHEDULED OVERTIME HOURS --- UNLESS TRAVEL IS ARDUOUS OR IN ITSELF INVOLVES WORK. THAT RULE MUST BE APPLIED EVEN THOUGH THE JOB DESCRIPTION OF THE EMPLOYEE INVOLVED REQUIRES THAT HE DRIVE IF DRIVING IS MERELY INCIDENT TO THE PERFORMANCE OF DUTY AT VARIOUS LOCATIONS. B-131470, MAY 31, 1957 (COPY ENCLOSED).

THEREFORE, AND SINCE THE RECORD DOES NOT ESTABLISH THAT THE EMPLOYEE HAS REGULARLY SCHEDULED OVERTIME HOURS, OVERTIME, OR COMPENSATORY TIME IN LIEU THEREOF, MAY NOT BE APPROVED FOR MR. GREEN WHILE HE WAS DRIVING BETWEEN POINTS AT WHICH HE ACTUALLY PERFORMED DUTY ON HIS NORMAL NONWORKDAYS.

THE DEPARTMENT OF COMMERCE FORM CD-81, OVERTIME AND/OR HOLIDAY WORK, WHICH WAS ATTACHED TO YOUR LETTER IS RETURNED AND MAY BE APPROVED ONLY FOR THE NUMBER OF HOURS MR. GREEN ACTUALLY WORKED.

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