B-152014, AUG. 6, 1963

B-152014: Aug 6, 1963

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$2.72 PER HOUR) WHOSE REGULARLY ASSIGNED HOURS ARE 8 A.M. WAS REQUIRED TO REPORT TO HIS DUTY STATION AT THE COAST GUARD BASE. IS NOT QUESTIONED. YOU SAY THAT WAGE BOARD EMPLOYEES ARE REQUIRED TO REPORT FOR DUTY AT THE OPENING HOUR OF THE WORKDAY AT WHICH TIME THEY PICK UP THEIR TOOLS FROM A TOOL ROOM OR WHEREVER THEY HAVE BEEN STORED FOR THE NIGHT. EXPRESS THE VIEW THAT SINCE THIS IS DONE ON GOVERNMENT TIME. WHITESIDE IS ENTITLED TO OVERTIME FOR THE FIRST HOUR (4:15 TO 5:15) ALTHOUGH HE "WOULD NOT NECESSARILY BE ENTITLED TO OVERTIME PAY FOR THE PERIOD OF TRAVEL FROM 5:15 TO 7 A.M.'. THE PAYMENT OF TRAVEL TIME COMPENSATION TO EMPLOYEES SUBJECT TO THE CLASSIFICATION ACT IS GOVERNED BY 5 U.S.C. 912B.

B-152014, AUG. 6, 1963

TO MR. F. E. LAMBERT, AUTHORIZED CERTIFYING OFFICER, TREASURY DEPARTMENT:

BY LETTER OF JULY 10, 1963, YOUR REFERENCE FP-5, L-20, YOU REQUESTED OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER FOR $15.30, IN FAVOR OF WILLIAM F. WHITESIDE, AN EMPLOYEE OF THE U.S. COAST GUARD, COVERING OVERTIME CLAIMED FOR TRAVEL AND WAITING TIME OUTSIDE OF HIS REGULARLY SCHEDULED HOURS OF DUTY.

IT APPEARS THAT MR. WHITESIDE, A MAINTENANCE MECHANIC (WAGE BOARD, $2.72 PER HOUR) WHOSE REGULARLY ASSIGNED HOURS ARE 8 A.M. TO 4:30 P.M., WAS REQUIRED TO REPORT TO HIS DUTY STATION AT THE COAST GUARD BASE, WOODS HOLE, MASSACHUSETTS, AT 4:15 A.M., ON DECEMBER 3, 1962, FOR TRANSPORTATION TO BUZZARDS BAY ENTRANCE LIGHT STATION FOR TEMPORARY DUTY. HE REPORTED AS REQUESTED, OBTAINED THE NECESSARY EQUIPMENT AND PLACED IT ON THE BOAT. AFTER A SLIGHT DELAY THE BOAT DEPARTED FROM THE DUTY STATION AT 5:15 A.M., REACHED THE DESTINATION AT 7 A.M., AT WHICH TIME THE EMPLOYEE BEGAN WORKING.

MR. WHITESIDE CLAIMS OVERTIME COMPENSATION FOR 3 3/4 HOURS FROM 4:15 A.M., TO 8 A.M. HIS ENTITLEMENT FROM 7 A.M., TO 8 A.M., IS NOT QUESTIONED. HOWEVER, YOU SAY THAT WAGE BOARD EMPLOYEES ARE REQUIRED TO REPORT FOR DUTY AT THE OPENING HOUR OF THE WORKDAY AT WHICH TIME THEY PICK UP THEIR TOOLS FROM A TOOL ROOM OR WHEREVER THEY HAVE BEEN STORED FOR THE NIGHT, AND EXPRESS THE VIEW THAT SINCE THIS IS DONE ON GOVERNMENT TIME, MR. WHITESIDE IS ENTITLED TO OVERTIME FOR THE FIRST HOUR (4:15 TO 5:15) ALTHOUGH HE "WOULD NOT NECESSARILY BE ENTITLED TO OVERTIME PAY FOR THE PERIOD OF TRAVEL FROM 5:15 TO 7 A.M.'

THE PAYMENT OF TRAVEL TIME COMPENSATION TO EMPLOYEES SUBJECT TO THE CLASSIFICATION ACT IS GOVERNED BY 5 U.S.C. 912B, WHICH PROVIDES THAT TIME SPENT IN A TRAVEL STATUS AWAY FROM THE EMPLOYEE'S OFFICIAL DUTY STATION SHALL BE CONSIDERED AS HOURS OF EMPLOYMENT ONLY WHEN (1) WITHIN THE 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. IN OUR DECISIONS WE CONSISTENTLY HAVE APPLIED THE SAME CRITERIA TO WAGE BOARD EMPLOYEES FOR SUCH TRAVEL TIME OUTSIDE THEIR USUAL HOURS OF DUTY ON REGULARLY SCHEDULED WORKDAYS. WE HAVE HELD THAT THE CHARACTER OF THE TRAVEL IS NOT CHANGED BY THE FACT THAT THE EMPLOYEES PICK UP AND TAKE WITH THEM FILES, SUPPLIES, TYPEWRITERS, ETC., WHICH ARE NECESSARY TO THE PURPOSE OF THE TRAVEL. 40 COMP. GEN. 439. IN 41 COMP. GEN. 82 (PAGE 86), WE SAID THAT PREPARATION PRELIMINARY TO TRAVEL IS NOT CONSIDERED WORK WITHIN THE MEANING OF CONDITION 2 ABOVE.

ON THE BASIS OF THE INFORMATION FURNISHED WE SEE NO CLEAR BASIS FOR DISTINCTION HERE. THE EMPLOYEE, A MECHANIC, WENT TO HIS DUTY STATION, PICKED UP THE NECESSARY TOOLS AND MATERIAL AND THERE BOARDED THE VESSEL FOR TRANSPORTATION TO THE POINT AT WHICH THE WORK WAS TO BE PERFORMED. PERFORMED NO WORK EN ROUTE AND DOES NOT CONTEND THAT THE TRAVEL WAS PERFORMED UNDER ARDUOUS CONDITIONS. UNDER THE CIRCUMSTANCES OUR VIEW IS THAT HE MAY BE COMPENSATED ONLY FOR THE ONE HOUR BEGINNING AT 7 A.M.

CONCERNING TRAVEL PERFORMED BY A WAGE BOARD EMPLOYEE ON DECEMBER 8, A NONWORKDAY, YOU ARE ..END :