B-148686, MAY 3, 1962

B-148686: May 3, 1962

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YOU WERE IN A POSITION SUBJECT TO THE CLASSIFICATION ACT OF 1949. GOVERNMENT TRANSPORTATION IS TO BE UTILIZED FROM FORT ARMSTRONG TO THE PROJECT SITE AND RETURN. YOU ARE TO BE IN A PAY STATUS DURING TRAVEL IN ONE DIRECTION ONLY. THAT MEMORANDUM WAS AMENDED BY ONE DATED JUNE 12. IS PERTINENT PART. READS AS FOLLOWS: "* * * YOU ARE TO BE IN A PAY STATUS DURING TRAVEL IN ONE DIRECTION ONLY- . THE CONTROLLING STATUTE IS SECTION 204 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. OR (2) WHEN THE TRAVEL INVOLVES THE PERFORMANCE OF WORK WHILE TRAVELING OR IS CARRIED OUT UNDER ARDUOUS CONDITIONS.'. THE PRESENT RECORD DOES NOT SHOW THAT TRAVEL PERFORMED BY YOU WAS CARRIED OUT UNDER ARDUOUS CONDITIONS OR THAT ANY ACTUAL WORK WAS PERFORMED WHILE TRAVELING.

B-148686, MAY 3, 1962

TO MR. WILBERT B. M. MINN:

YOUR LETTER OF APRIL 4, 1962, REQUESTS RECONSIDERATION OF OUR OFFICE SETTLEMENT OF DECEMBER 14, 1961, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT OF OVERTIME (TRAVEL TIME) PERFORMED DAILY BY YOU DURING THE PERIOD MARCH 23, 1958, TO FEBRUARY 17, 1959, AS AN EMPLOYEE OF THE UNITED STATES ARMY CORPS OF ENGINEERS, HONOLULU DISTRICT, PACIFIC OCEAN DIVISION. APPARENTLY, YOU WERE IN A POSITION SUBJECT TO THE CLASSIFICATION ACT OF 1949, AS AMENDED, 5 U.S.C. 1071.

THE RECORD INCLUDES A MEMORANDUM DATED MARCH 26, 1958, AUTHORIZING CERTAIN OVERTIME APPARENTLY AT THE JOB SITE. PARAGRAPH C OF THAT MEMORANDUM READS AS FOLLOWS:

"C. GOVERNMENT TRANSPORTATION IS TO BE UTILIZED FROM FORT ARMSTRONG TO THE PROJECT SITE AND RETURN. YOU ARE TO BE IN A PAY STATUS DURING TRAVEL IN ONE DIRECTION ONLY--- BETWEEN FORT ARMSTRONG AND THE JOB SITE--- AND IN A NONPAY STATUS IN THE OTHER DIRECTION.'

THAT MEMORANDUM WAS AMENDED BY ONE DATED JUNE 12, 1958. PARAGRAPH 2, IS PERTINENT PART, READS AS FOLLOWS:

"* * * YOU ARE TO BE IN A PAY STATUS DURING TRAVEL IN ONE DIRECTION ONLY- -- BETWEEN THE JOB SITE AND FORT ARMSTRONG--- AND IN A NONPAY STATUS IN THE OTHER DIRECTION.'

THE CONTROLLING STATUTE IS 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. 1109, 5 U.S.C. 912 (B) WHICH READS AS FOLLOWS:

"S 912B. TIME IN TRAVEL STATUS.

"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 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.'

THE PRESENT RECORD DOES NOT SHOW THAT TRAVEL PERFORMED BY YOU WAS CARRIED OUT UNDER ARDUOUS CONDITIONS OR THAT ANY ACTUAL WORK WAS PERFORMED WHILE TRAVELING. NORMAL AUTOMOBILE TRAVEL MAY NOT BE VIEWED AS TRAVEL UNDER ARDUOUS CONDITIONS. SEE ENCLOSED COPIES OF OUR DECISIONS B-120896, OCTOBER 7, 1954, AND B-134442, JANUARY 12, 1958. IN THE CIRCUMSTANCES, NO STATUTORY AUTHORITY EXISTS FOR PAYMENT TO YOU OF ADDITIONAL COMPENSATION AS CLAIMED FOR "TRAVEL TIME" ON THE PRESENT RECORD. SEE BIGGS, ET AL. V. UNITED STATES, CT.CL.NO. 184-59, DECIDED MARCH 1, 1961, CONCERNING A SITUATION SIMILAR TO YOURS IN WHICH THE COURT DENIED JUDGMENT IN FAVOR OF THE EMPLOYEES.

UPON REVIEW OUR OFFICE SETTLEMENT OF DECEMBER 14, 1961, MUST BE AND IS HEREBY SUSTAINED.