B-151023, MAY 8, 1963, 42 COMP. GEN. 624

B-151023: May 8, 1963

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THE USE OF WHICH IS SOLELY AS A MEANS OF TRANSPORTATION TO AND FROM HIS TEMPORARY DUTY POINT. IS NOT ENTITLED TO PAYMENT OF OVERTIME COMPENSATION FOR THE TIME SPENT IN TRAVEL BEYOND HIS REGULARLY SCHEDULED WORK HOURS IN THE ABSENCE OF A STATUTE OR ADMINISTRATIVE REGULATION TO THE CONTRARY. WAGE BOARD EMPLOYEES LIKE PER ANNUM EMPLOYEES BEING ENTITLED TO OVERTIME COMPENSATION FOR TRAVEL OUTSIDE REGULARLY SCHEDULED HOURS OF DUTY ON ANY SCHEDULED WORKDAY ONLY WHEN WORK IS ACTUALLY PERFORMED. OR THE TRAVEL IS CARRIED OUT UNDER ARDUOUS CONDITIONS MAKING IT INSEPARABLE FROM WORK OR EMPLOYMENT. THE TRAVEL WAS PERFORMED ON FRIDAY. OVERTIME IS CLAIMED FROM 1600 TO 1800 HOURS. THE TRAVEL WAS NOT PERFORMED UNDER EMERGENCY CONDITIONS.

B-151023, MAY 8, 1963, 42 COMP. GEN. 624

COMPENSATION - WAGE BOARD EMPLOYEES - OVERTIME - TRAVEL TIME A WAGE BOARD EMPLOYEE WHO IN RETURNING TO HIS OFFICIAL STATION FROM A TEMPORARY DUTY POINT AT THE END OF A REGULAR WORKDAY TRAVELS BY PRIVATELY OWNED VEHICLE, THE USE OF WHICH IS SOLELY AS A MEANS OF TRANSPORTATION TO AND FROM HIS TEMPORARY DUTY POINT, UNDER OTHER THAN ARDUOUS CONDITIONS, IS NOT ENTITLED TO PAYMENT OF OVERTIME COMPENSATION FOR THE TIME SPENT IN TRAVEL BEYOND HIS REGULARLY SCHEDULED WORK HOURS IN THE ABSENCE OF A STATUTE OR ADMINISTRATIVE REGULATION TO THE CONTRARY, WAGE BOARD EMPLOYEES LIKE PER ANNUM EMPLOYEES BEING ENTITLED TO OVERTIME COMPENSATION FOR TRAVEL OUTSIDE REGULARLY SCHEDULED HOURS OF DUTY ON ANY SCHEDULED WORKDAY ONLY WHEN WORK IS ACTUALLY PERFORMED, OR THE TRAVEL IS CARRIED OUT UNDER ARDUOUS CONDITIONS MAKING IT INSEPARABLE FROM WORK OR EMPLOYMENT.

TO F. E. LAMBERT, UNITED STATES COAST GUARD, MAY 8, 1963:

ON MARCH 8, 1963, YOUR REFERENCE FP-5 L-20, YOU REQUESTED OUR DECISION WHETHER A VOUCHER FOR $11.64, REPRESENTING OVERTIME COMPENSATION FOR MR. VIRGIL R. CORBIN, A WAGE-BOARD EMPLOYEE OF THE UNITED STATES COAST GUARD, FOR TRAVEL BY PRIVATELY OWNED VEHICLE, RETURNING TO HIS OFFICIAL STATION AFTER THE END OF THE REGULAR WORKDAY, MAY BE CERTIFIED FOR PAYMENT.

THE TRAVEL WAS PERFORMED ON FRIDAY, SEPTEMBER 28, 1962, AFTER COMPLETION OF TEMPORARY ADDITIONAL DUTY AT NEAH BAY, WASHINGTON, BETWEEN SEPTEMBER 10 AND SEPTEMBER 28. MR. CORBIN LEFT NEAH BAY AT 1200 HOURS WITH SEVERAL OTHER WAGE-BOARD EMPLOYEES AS PASSENGERS AND ARRIVED AT SEATTLE, HIS OFFICIAL STATION, AT 1750 HOURS. OVERTIME IS CLAIMED FROM 1600 TO 1800 HOURS. THE TRAVEL WAS NOT PERFORMED UNDER EMERGENCY CONDITIONS.

YOU INFORM US THAT:

WE HAVE CASES SUCH AS THIS FREQUENTLY. THE WORK TO BE DONE IS ESSENTIAL. THE TOOLS TO BE USED IN CONNECTION WITH AN INSTALLATION OR REPAIR JOB ARE SUCH AS CAN BE CARRIED IN THE BAGGAGE COMPARTMENT OF A PRIVATELY-OWNED AUTOMOBILE AS WELL AS THEY CAN BE IN THE SMALL, SO CALLED PICKUP TRUCK. THE LABOR OF DRIVING SUCH A TRUCK IS PROBABLY NO DIFFERENT THAN DRIVING AN AUTOMOBILE. THE COAST GUARD HAS CONTINUING NEED FOR EMPLOYEES TO MAKE SUCH TRIPS TO EFFECT REPAIRS TO MECHANICAL OR ELECTRICAL EQUIPMENT USED IN THE OPERATION OF AIDS TO NAVIGATION. WHETHER A MECHANIC USES HIS PERSONALLY-OWNED AUTOMOBILE OR A GOVERNMENT-OWNED SMALL TRUCK WILL IN PERHAPS EVERY CASE DEPEND ON THE AVAILABILITY OF SUCH A TRUCK AT THE MOMENT. IF A TRUCK IS NOT AVAILABLE, THE MECHANICS ARE GIVEN ORDERS FOR THE TRIP, TRAVELING BY PRIVATELY-OWNED AUTOMOBILE. AIDS TO NAVIGATION ARE OPERATED FOR THE BENEFIT OF MARINERS AND THE SHIPPING INDUSTRY. THEY ARE REQUIRED BY LAW WHERE NEEDED FOR THE SAFEGUARDING OF LIFE AND PROPERTY.

IN THE ABSENCE OF A STATUTE OR OTHERWISE PROPER ADMINISTRATIVE REGULATION TO THE CONTRARY, WAGE-BOARD EMPLOYEES, GENERALLY, ARE NOT ENTITLED TO OVERTIME COMPENSATION FOR TRAVEL TIME OUTSIDE THEIR SCHEDULED HOURS OF DUTY ON ANY SCHEDULED WORKING DAY. B-144558, AUGUST 24, 1961. THE CRITERIA FOR DETERMINING WHETHER OVERTIME COMPENSATION MAY BE PAID FOR TRAVEL TIME OUTSIDE THE USUAL HOURS OF WORK ON A REGULARLY SCHEDULED WORKDAY ARE THE SAME FOR PER ANNUM AND WAGE-BOARD EMPLOYEES. THAT IS, PAYMENT OF OVERTIME COMPENSATION IS ALLOWABLE ONLY WHEN THERE IS AN ACTUAL PERFORMANCE OF WORK OR THE TRAVEL IS CARRIED OUT UNDER ARDUOUS CONDITIONS MAKING THE TRAVEL INSEPARABLE FROM WORK OR EMPLOYMENT. B-139759, JUNE 26, 1959.

THE ADMINISTRATIVE REGULATIONS, AS CONTAINED IN TREASURY DEPARTMENT CIVILIAN PERSONNEL MEMORANDUM NO. 8-50, MARCH 20, 1950, SECTION 2 (A) AND (C), PROVIDE:

(A) OVERTIME COMPUTATION.--- OVERTIME PAY IS PAY FOR TIME DURING WHICH A WAGE BOARD EMPLOYEE IS ENGAGED IN LABOR IN EXCESS OF THE REGULAR TOUR OF DUTY. OVERTIME PAY IS COMPUTED ON A WEEKLY BASIS. IT IS NOT COMPUTED ON A DAILY BASIS.

(C)TRAVEL TIME.--- AS USED HERE, TRAVEL TIME IS TIME ACTUALLY SPENT IN TRAVELING, INCLUDING INCIDENTAL WAITING TIME. AN EMPLOYEE IS IN "TRAVEL STATUS" WHILE EN ROUTE TO POINT OF DESTINATION AND RETURN TO DUTY STATION, BUT ALL TIME IN A "TRAVEL STATUS" IS NOT "TRAVEL TIME.'

(1) WITHIN BASIC WORKWEEK.--- FOR TRAVEL TIME ON DAYS WITHIN THE BASIC WORKWEEK (WEEKLY TOUR OF DUTY), WHEN NOT ENGAGED IN LABOR, WHILE EN ROUTE FROM DUTY STATION TO POINT OF DESTINATION AND RETURN TO DUTY STATION, A WAGE BOARD EMPLOYEE IS ENTITLED TO PAY AT THE BASIC RATE ONLY FOR NOT TO EXCEED 8 HOURS IN ANY ONE DAY (THE 8 HOURS WHEN HE ORDINARILY WOULD WORK). IN COMPUTING OVERTIME PAY FOR THE WEEK, TIME FOR TRAVEL PERFORMED SOLELY DURING THE REGULAR DAILY WORKING HOURS (NOT EXCEEDING 8 HOURS PER DAY) SHALL BE INCLUDED AS PART OF THE BASIC WORKWEEK.

SINCE MR. CORBIN WAS RETURNING FROM HIS TEMPORARY DUTY STATION ON A WORKDAY, PERFORMED NO LABOR OR WORK WHILE SO DOING, AND THE TRAVEL WAS NOT UNDER ARDUOUS CONDITIONS, HE IS NOT ENTITLED TO OVERTIME COMPENSATION FOR THE TRAVEL TIME EXTENDING BEYOND HIS REGULARLY SCHEDULED HOURS OF DUTY ON FRIDAY, SEPTEMBER 28, 1962.

THIS CASE IS DISTINGUISHABLE FROM THAT OF AN EMPLOYEE WHO CLAIMS OVERTIME FOR TRAVEL TIME, AFTER REGULAR WORKING HOURS, WHILE PERFORMING THE DUTY OF DRIVING A GOVERNMENT TRUCK, RATHER THAN USING IT SOLELY AS A MEANS OF TRANSPORTATION TO AND FROM A POINT OF DUTY AND UNDER OTHER THAN ARDUOUS CONDITIONS. SEE B-120896, OCTOBER 7, 1954; B 127979, JUNE 22, 1956; 30 COMP. GEN. 72. WHETHER UNDER OTHER CIRCUMSTANCES THERE WOULD BE ACTUAL WORK PERFORMED WHILE TRAVELING OR TRAVEL PERFORMED UNDER ARDUOUS CONDITIONS FOR WHICH OVERTIME COMPENSATION WOULD BE PAYABLE WOULD DEPEND ON THE FACTS OF THE CASE.