B-151451, JUN. 10, 1963

B-151451, JUN. 10, 1963

TO MR. WARREN E. MCGUIGAN:

WE REFER TO YOUR LETTER OF MARCH 6, 1963, TO CONGRESSMAN CARLTON R. SICKLES CONCERNING YOUR CLAIM FOR OVERTIME COMPENSATION WHILE YOU WERE ABSENT FROM YOUR POSITION AS A STEAMFITTER WITH THE GENERAL SERVICES ADMINISTRATION, PUBLIC BUILDINGS SERVICE, WASHINGTON, D.C., ON JUNE 30, AND JULY 1, 1962, INCIDENT TO YOUR PERFORMANCE OF ACTIVE DUTY TRAINING AS A MEMBER OF THE NAVAL RESERVE. SINCE YOUR CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF JANUARY 30, 1963, YOUR LETTER WAS FORWARDED TO AS FOR OUR CONSIDERATION.

THE GENERAL SERVICES ADMINISTRATION REPORTS THAT YOU HAD BEEN SCHEDULED TO WORK ON SATURDAY, JUNE 30, 1962, TO ACCOMPLISH MAINTENANCE WORK THAT HAD BEEN SCHEDULED FOR THAT DAY IN ACCORDANCE WITH THEIR USUAL POLICY THAT STEAMFITTERS IN THE WASHINGTON STEAM DISTRIBUTION SYSTEM ARE REGULARLY SCHEDULED TO WORK EVERY FOURTH WEEKEND, BUT THAT DUE TO A CHANGE IN WORK REQUIREMENTS THE NORMAL WORK WAS CANCELED AND ONLY SUCH OVERTIME AS WAS NECESSARY IN PERFORMANCE OF THE REPAIR WORK THEN IN PROGRESS WAS SCHEDULED.

WE HAVE AUTHORIZED PAYMENT OF OVERTIME COMPENSATION TO AN EMPLOYEE ABSENT ON MILITARY DUTY WHEN OVERTIME IS PART OF HIS SCHEDULED TOUR OF DUTY FOR THE PERIOD HE IS AWAY ON MILITARY DUTY. SEE 31 COMP. GEN. 173; 27 ID. 353; B-110306, JULY 9, 1952. THE WORK ORIGINALLY SCHEDULED FOR YOU FOR THE WEEKEND OF JUNE 30TH APPEARS TO HAVE BEEN OF THE TYPE FOR WHICH COMPENSATION ORDINARILY IS PAID IF ABSENCE ON MILITARY LEAVE PREVENTS ACTUAL PERFORMANCE OF WORK. ALTHOUGH CERTAIN EMERGENCY OVERTIME WORK WAS SCHEDULED IN PLACE OF THE WORK THAT WAS CANCELED THE EMERGENCY OVERTIME WAS SET UP ON A DIFFERENT BASIS. THE FULL GROUP ORIGINALLY SCHEDULED FOR WORK WAS NOT NEEDED FOR THE EMERGENCY OVERTIME WORK AND CONSEQUENTLY AN ALPHABETICAL LIST WAS PREPARED FROM THOSE EMPLOYEES ORIGINALLY SCHEDULED TO WORK AS WELL AS FROM OTHERS WHOSE SKILLS WERE PARTICULARLY NEEDED.

IN CHOOSING MEN FOR THE OVERTIME ASSIGNMENT ON JUNE 30, 1962, IT IS REPORTED THAT YOUR NAME WAS NOT REACHED ON THE PREPARED LIST. THEREFORE, SINCE YOU WOULD NOT HAVE BEEN CALLED FOR OVERTIME DUTY EVEN IF YOU HAD BEEN IN ATTENDANCE ON THE JOB ON JUNE 30, 1962, WE MUST CONCLUDE THAT YOU ARE NOT ENTITLED TO OVERTIME COMPENSATION ON THAT DAY BECAUSE OF YOUR ABSENCE ON MILITARY DUTY.

CONCERNING OVERTIME COMPENSATION FOR JULY 1, 1962, A SUNDAY, IT IS FURTHER REPORTED THAT YOUR NAME WAS REACHED ON THE PREPARED LIST FOR OVERTIME SERVICES ON THAT DATE BUT THAT YOU WERE NOT AVAILABLE. YOUR CONTENTION IS THAT YOU WERE STILL ON MILITARY LEAVE ON JULY 1, 1962, BECAUSE OF YOUR UNDERSTANDING THAT YOU ARE ALLOWED 24 HOURS FROM MIDNIGHT OF THE DAY YOU ARE RELEASED FROM ACTIVE DUTY FOR TRAINING TO RETURN TO YOUR HOME.

THE RECORD SHOWS YOU WERE AUTHORIZED TO REPORT TO NORFOLK, VIRGINIA, FOR 14 DAYS OF ACTIVE DUTY FOR TRAINING BEGINNING JUNE 17, 1962, AND THAT YOU WERE RELEASED FROM SUCH TRAINING DUTY AT 9:30 A.M. ON JUNE 30, 1962, THE 14TH DAY. HOWEVER, YOU DID NOT ARRIVE AT YOUR HOME IN HYATTSVILLE, MARYLAND (BY PRIVATELY OWNED AUTOMOBILE) UNTIL 3:30 P.M. ON JULY 1, 1962. WE HAVE EXAMINED THE REGULATIONS OF THE NAVY DEPARTMENT CONCERNING THE COMPUTATION OF PAY AND ALLOWANCES FOR TRAVEL TIME OF MEMBERS OF THE NAVAL RESERVE ON TRAINING DUTY. SUCH REGULATIONS INDICATE THAT WHERE A RESERVIST USES A PRIVATE CONVEYANCE FOR TRAVEL HIS RETURN TRAVEL TIME IS FOR COMPUTATION ON THE BASIS OF THE EARLIEST ACTUAL SCHEDULE OF PUBLIC SURFACE TRANSPORTATION AFTER TIME OF DETACHMENT OVER THE SHORTEST USUALLY TRAVELED ROUTE. OFFICIAL RAILROAD SCHEDULES INDICATE THAT YOU COULD HAVE LEFT NORFOLK AT 1:20 P.M. ON JUNE 30, 1962, AND ARRIVED IN WASHINGTON AT 7:15 P.M. ON THE SAME DATE. PROBABLY BUS TRANSPORTATION ALSO WOULD HAVE BEEN AVAILABLE PERMITTING ARRIVAL IN WASHINGTON AT EVEN AN EARLIER TIME. IF ONE HOUR BE ALLOWED FOR LOCAL TRANSPORTATION ON TO HYATTSVILLE IT IS APPARENT THAT TRAVEL BY PUBLIC TRANSPORTATION FROM NORFOLK TO YOUR HOME COULD HAVE BEEN READILY PERFORMED ON THE SAME DAY YOU WERE RELEASED FROM ACTIVE DUTY.

UNDER THE CIRCUMSTANCES YOU MAY NOT BE REGARDED AS IN A MILITARY DUTY STATUS FOR PAY PURPOSES ON SUNDAY, JULY 1, 1962. IT THEREFORE FOLLOWS THAT YOUR CIVILIAN EMPLOYEE LEAVE STATUS FOR MILITARY DUTY PURPOSES EXPIRED ON JUNE 30, 1962, AND THAT ANY WORK MISSED ON JULY 1, 1962, MAY NOT BE ATTRIBUTED TO SUCH MILITARY DUTY SO AS TO WARRANT PAYMENT OF OVERTIME COMPENSATION FOR SERVICES NOT ACTUALLY PERFORMED ON THAT DAY.

THEREFORE, OUR SETTLEMENT OF JANUARY 30, 1963, WHICH DISALLOWED YOUR CLAIM IS SUSTAINED.