B-145972, JUN. 30, 1961

B-145972: Jun 30, 1961

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THE PERTINENT FACTS ARE SET FORTH IN YOUR LETTER AS FOLLOWS: "2. THE EMPLOYEE WAS ISSUED TRAVEL ORDERS TO PROCEED TO POINT MUGU. THE EMPLOYEE WORKS IN A SHOP IN WHICH HE IS SUBJECT TO CHANGE OF SHIFT HOURS WITHOUT A THREE DAY NOTICE AND IS FREQUENTLY ASSIGNED TO PERFORM SIMILAR DRIVING DUTIES. PRIOR TO 31 JANUARY 1961 HE WAS NOTIFIED THAT HE WOULD BE ASSIGNED TO A 7:30 AM TO 4:00 PM SHIFT FOR THAT DATE. OVERTIME COMPENSATION IS CLAIMED FOR TEMPORARY DUTY TRAVEL PERFORMED BETWEEN 4:00 PM AND 10:00 PM ON THE BASIS THAT THE TRAVEL DUTY PERFORMED IS INSEPARABLE FROM WORK AND PART OF HIS USUAL DUTIES.'. SINCE THE EMPLOYEE WAS ENGAGED UPON THE ACTUAL PERFORMANCE OF WORK- - THAT OF DRIVING A TRUCK.

B-145972, JUN. 30, 1961

TO LIEUTENANT (JG) F. M. BOESE, DISBURSING OFFICER:

ON MAY 24, 1961, REFERENCE NCA121, THE COMPTROLLER OF THE NAVY FORWARDED TO US YOUR LETTER OF MAY 2, 1961, REFERENCES 7230 13.32/301, REQUESTING OUR DECISION WHETHER THE AMOUNT OF THE ACCOMPANYING VOUCHER, REPRESENTING OVERTIME COMPENSATION FOR TEMPORARY DUTY TRAVEL OUTSIDE THE HOURS OF THE DAILY TOUR OF DUTY, MAY BE PAID TO AN UNGRADED EMPLOYEE.

THE PERTINENT FACTS ARE SET FORTH IN YOUR LETTER AS FOLLOWS:

"2. ON 31 JANUARY 1961, THE EMPLOYEE WAS ISSUED TRAVEL ORDERS TO PROCEED TO POINT MUGU, CALIFORNIA, FOR THE PURPOSE OF DRIVING A TRUCK FROM THAT ACTIVITY TO THE LONG BEACH NAVAL STATION, LONG BEACH, CALIFORNIA, FOR LATER SHIPMENT TO SAN CLEMENTE ISLANDS.

"3. THE EMPLOYEE WORKS IN A SHOP IN WHICH HE IS SUBJECT TO CHANGE OF SHIFT HOURS WITHOUT A THREE DAY NOTICE AND IS FREQUENTLY ASSIGNED TO PERFORM SIMILAR DRIVING DUTIES. PRIOR TO 31 JANUARY 1961 HE WAS NOTIFIED THAT HE WOULD BE ASSIGNED TO A 7:30 AM TO 4:00 PM SHIFT FOR THAT DATE. THE TRAVEL ITINERARY SUPPORTING HIS TRAVEL CLAIM INDICATES THAT HE DEPARTED FROM SAN DIEGO BY GOVERNMENT AIR 8:30 AM AND ARRIVED AT POINT MUGU 10:30 AM; LEFT POINT MUGU 2:00 PM FOR LONG BEACH, DRIVING A GOVERNMENT TRUCK. HE ARRIVED AT THE LONG BEACH NAVAL STATION AT 6:30 PM, AND IMMEDIATELY CHECKED OUT; LEFT LONG BEACH, CALIFORNIA BY COMMERCIAL BUS AT 7:20 PM, AND ARRIVED SAN DIEGO 10:00 PM. OVERTIME COMPENSATION IS CLAIMED FOR TEMPORARY DUTY TRAVEL PERFORMED BETWEEN 4:00 PM AND 10:00 PM ON THE BASIS THAT THE TRAVEL DUTY PERFORMED IS INSEPARABLE FROM WORK AND PART OF HIS USUAL DUTIES.'

SINCE THE EMPLOYEE WAS ENGAGED UPON THE ACTUAL PERFORMANCE OF WORK- - THAT OF DRIVING A TRUCK--- UNTIL 6:30 P.M., WHEN HE CHECKED OUT AT LONG BEACH, HE IS ENTITLED TO OVERTIME COMPENSATION UNDER SECTION 23 OF THE ACT OF MARCH 28, 1934, AS AMENDED, 5 U.S.C. 673C, FOR SUCH WORKING TIME BETWEEN 4:00 P.M. AND 6:30 P.M., PROVIDED, OF COURSE, HE OTHERWISE WAS IN A PAY STATUS FOR FORTY HOURS DURING THE WEEK INVOLVED. 24 COMP. GEN. 65, 68; ID. 210, 213. YOUR DOUBT AS TO THIS PHASE OF THE MATTER APPEARS TO ARISE BECAUSE THE TRUCK-DRIVING DUTY CONSTITUTED A DETAIL FROM THE EMPLOYEE'S REGULAR ASSIGNMENT AS AN ENGINE MAN (HOISTING AND PORTABLE) AND BECAUSE NCPI 610.7-2C (4) PROVIDES THAT TRAVEL IS CONSIDERED TO CONSTITUTE A PART OF THE EMPLOYEE'S USUAL DUTIES AND TO BE INSEPARABLE FROM WORK IF SUCH TRAVEL IS REQUIRED, REGULARLY OR INTERMITTENTLY, THROUGHOUT THE EMPLOYEE'S "USUAL DAILY ASSIGNMENT.' FROM THE EXAMPLES CITED (SUCH AS INSPECTORS TRAVELING FROM PLANT TO PLANT), WE GATHER THAT THIS PORTION OF THE REGULATIONS REFERS PRIMARILY TO PERSONAL TRANSPORTATION FROM POINT TO POINT RATHER THAN, AS HERE, THE ACTUAL PERFORMANCE OF DUTY WHILE TRAVELING. WE DO NOT BELIEVE THAT THERE WAS ANY INTENT TO ATTEMPT TO RESTRICT THE STATUTORY RIGHT TO OVERTIME COMPENSATION FOR "LABOR.'

AS TO THE TIME BETWEEN 6:30 P.M. AND 10:00 P.M., THE EMPLOYEE WAS NOT PERFORMING ACTUAL WORK; AND WE DO NOT REGARD TRAVEL BY COMMERCIAL BUS, UNDER THE CIRCUMSTANCES HERE PRESENTED, AS ARDUOUS" SO AS TO CONSTITUTE COMPENSABLE TIME. SEE NCPI 610.7-2C (1); 7-3. THEREFORE, THE EMPLOYEE IS NOT ENTITLED TO OVERTIME COMPENSATION FOR SUCH TIME.

THE VOUCHER, WHICH PROPOSES PAYMENT OF OVERTIME COMPENSATION FOR THE FULL PERIOD BETWEEN 4:00 ..END :