B-150099, OCT. 31, 1962

B-150099: Oct 31, 1962

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THE RECORD SHOWS THAT A MILITARY FLIGHT MISSION WAS DIRECTED TO EFFECT REPAIR AND RECOVERY OF A DISABLED AIRCRAFT. YOU WERE INSTRUCTED TO ACCOMPANY THE MILITARY FLIGHT AND EFFECT CERTAIN REPAIRS IN ORDER TO MAKE THE DISABLED AIRCRAFT OPERATIONAL. YOUR NORMAL WORKDAY WAS COMPLETED AT 4:45 P.M. WAS SPENT IN TRAVELING BY MILITARY AIRCRAFT IN RETURNING TO YOUR HEADQUARTERS. INSTRUCTIONS GOVERNING THE PAYMENT OF OVERTIME COMPENSATION OF AIR FORCE CIVILIAN PERSONNEL ARE CONTAINED IN AIR FORCE MANUAL 40 1. OUR CLAIMS DIVISION TODAY IS BEING AUTHORIZED TO ISSUE A SETTLEMENT IN YOUR FAVOR FOR 1/2 HOUR OVERTIME. AUTHORIZES PAYMENT OF OVERTIME COMPENSATION FOR TRAVEL TIME ONLY WHEN TRAVEL IS PERFORMED (1) WITHIN THE DAYS AND HOURS OF THE EMPLOYEE'S REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK.

B-150099, OCT. 31, 1962

TO MR. JIMMIE N. STANTON:

THIS REFERS TO YOUR LETTER OF OCTOBER 5, 1962, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF OUR OFFICE SETTLEMENT OF SEPTEMBER 25, 1962, WHICH DISALLOWED YOUR CLAIM FOR 2 3/4 HOURS OVERTIME COMPENSATION ON JUNE 13, 1962, AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.

THE RECORD SHOWS THAT A MILITARY FLIGHT MISSION WAS DIRECTED TO EFFECT REPAIR AND RECOVERY OF A DISABLED AIRCRAFT. YOU WERE INSTRUCTED TO ACCOMPANY THE MILITARY FLIGHT AND EFFECT CERTAIN REPAIRS IN ORDER TO MAKE THE DISABLED AIRCRAFT OPERATIONAL. YOUR NORMAL WORKDAY WAS COMPLETED AT 4:45 P.M. OR AFTER 30 MINUTES IN EXCESS OF YOUR DAILY WORK HOURS. THE REMAINING TIME, 2 HOURS AND 15 MINUTES, WAS SPENT IN TRAVELING BY MILITARY AIRCRAFT IN RETURNING TO YOUR HEADQUARTERS. YOU REQUEST PAYMENT AT THE OVERTIME RATE FOR THE FULL 2 HOURS AND 45 MINUTES. INSTRUCTIONS GOVERNING THE PAYMENT OF OVERTIME COMPENSATION OF AIR FORCE CIVILIAN PERSONNEL ARE CONTAINED IN AIR FORCE MANUAL 40 1, AF P9.2 PARAGRAPH 4 REQUIRES THAT ALL OVERTIME WORK MUST BE AUTHORIZED OR APPROVED BY PROPER AUTHORITY BEFORE PAYMENT CAN BE MADE. THE FILE SHOWS THAT THE OVERTIME HAS BEEN APPROVED IN SUCH AMOUNT AS MAY LAWFULLY BE DUE. THEREFORE, OUR CLAIMS DIVISION TODAY IS BEING AUTHORIZED TO ISSUE A SETTLEMENT IN YOUR FAVOR FOR 1/2 HOUR OVERTIME.

CONCERNING EMPLOYEES SUBJECT TO THE CLASSIFICATION ACT OF 1949, AS AMENDED, SECTION 204 OF THE FEDERAL EMPLOYEES PAY ACT, 1945, AS ADDED BY SECTION 205 (B) OF THE ACT OF SEPTEMBER 1, 1954, 5 U.S.C. 912B, AUTHORIZES PAYMENT OF OVERTIME COMPENSATION FOR TRAVEL TIME ONLY WHEN TRAVEL IS PERFORMED (1) WITHIN THE DAYS AND HOURS OF THE EMPLOYEE'S REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK, INCLUDING REGULARLY SCHEDULED OVERTIME HOURS OR (2) UNDER ARDUOUS CONDITIONS OR WHERE ACTUAL WORK IS PERFORMED EN ROUTE. WHILE SECTION 204 OF THE ACT, AS AMENDED, HAS NO APPLICATION TO WAGE BOARD EMPLOYEES (SEE 5 U.S.C. 902 (C) ( THE SAME CRITERIA IN DECISIONS OF OUR OFFICE LONG HAVE BEEN APPLIED TO WAGE BOARD EMPLOYEES FOR SUCH TRAVEL TIME OUTSIDE THEIR USUAL HOURS OF DUTY ON A REGULARLY SCHEDULED WORKDAY. SEE 27 ID. 613.

IN SUPPORT OF YOUR CLAIM FOR OVERTIME YOU REFER TO PARAGRAPH 13, AIR FORCE MANUAL 40-1, AF P9.1. PARAGRAPH 13A (2) (A) PERTAINS TO NONWORKDAYS DURING THE HOURS WHICH NORMALLY CONSTITUTE THE DAILY TOUR OF DUTY ON A REGULARLY SCHEDULED WORKDAY OR WHO TRAVEL ON HOLIDAYS WITHIN THE EMPLOYEES' 40-HOUR BASIC WORKWEEK. PARAGRAPH 13C PROVIDES IN PART AS FOLLOWS: OCCURRING OUTSIDE THE HOURS SPECIFIED UNDER A * * * WILL NOT SERVE AS CIRCUMSTANCE WHICH MAKE THE TRAVEL TIME INSEPARABLE FROM WORK DUTY. * * *"

THE ADMINISTRATIVE REPORT SHOWS THAT THE RETURN FLIGHT TO YOUR HEADQUARTERS WAS NOT UNDER ARDUOUS CONDITIONS AND THAT YOU PERFORMED NO DUTY ASSIGNMENT. WE CONSISTENTLY HAVE HELD THAT TRAVEL TIME WITHOUT PERFORMANCE OF ACTUAL DUTY OUTSIDE THE REGULAR ESTABLISHED HOURS OF DUTY IN A WORKWEEK IS NOT A BASIS FOR OVERTIME COMPENSATION 40 ID. 439; 37 ID. 276; 24 ID. 456; POST V. UNITED STATES, 121 CT.CL. 94; ANDERSON V. PANAMA CANAL COMPANY, 194 F.SUPP. 765, 782.

THEREFORE, THE PRIOR ACTION OF OUR OFFICE IN DISALLOWING YOUR CLAIM FOR OVERTIME COMPENSATION FOR THE TIME SPENT IN AIR TRAVEL OUTSIDE YOUR REGULARLY SCHEDULED WORKDAY IS SUSTAINED.