B-153582, APR. 16, 1964

B-153582: Apr 16, 1964

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HENCE OUR CONSIDERATION WILL BE LIMITED TO THE TRAVEL FROM NEW YORK CITY TO AMMAN. HE WAS ON ANNUAL LEAVE ON MAY 6. KAY WAS PAID PER DIEM ON A CONSTRUCTIVE SCHEDULE AS FOLLOWS: CHART LEAVE NEW YORK AT 10:00 A.M. MAY 5 THE EMPLOYEE CONTENDS THAT THE CONSTRUCTIVE SCHEDULE WOULD NOT HAVE PERMITTED REASONABLE TIME FOR REST IN LONDON AND ALSO THAT THE 55 MINUTE TIME SPREAD AT BEIRUT WOULD NOT HAVE BEEN ADEQUATE TO MAKE THE TRANSFER INCLUDING BAGGAGE. WE HAVE EXPRESSED THE VIEW THAT THE REGULATIONS GOVERNING TRAVEL OF EMPLOYEES DO NOT REQUIRE THEM TO USE COMMON CARRIER TRANSPORTATION REQUIRING DEPARTURES OR ARRIVALS AT UNREASONABLE HOURS AND UNDER CONDITIONS THAT DENY THEM REASONABLE REST PERIODS.

B-153582, APR. 16, 1964

TO MR. R. J. METCALFE, AUTHORIZED CERTIFYING OFFICER, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT:

ON FEBRUARY 11, 1964, YOU REQUESTED OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT A RECLAIM VOUCHER FOR $77.53, IN FAVOR OF MR. JOHN C. KAY, AN EMPLOYEE OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT, REPRESENTING ADDITIONAL REIMBURSEMENT INCIDENT TO TRAVEL PERFORMED IN MAY 1963.

PURSUANT TO AUTHORIZATION DATED APRIL 17, 1963, MR. KAY AND HIS FAMILY CONSISTING OF HIS WIFE AND TWO CHILDREN, AGES 3 1/2 AND 4 1/2 YEARS, PERFORMED TRAVEL FROM SHIOCTON, WISCONSIN, TO AMMAN, JORDAN, DURING THE PERIOD MAY 2-10, 1963. NO QUESTION HAS BEEN RAISED CONCERNING THE TRAVEL FROM SHIOCTON TO NEW YORK, HENCE OUR CONSIDERATION WILL BE LIMITED TO THE TRAVEL FROM NEW YORK CITY TO AMMAN.

AFTER AWAITING TRANSPORTATION IN NEW YORK FOR SOME 24 HOURS MR. KAY AND FAMILY DEPARTED THAT CITY BY AIR AT 10:40 A.M. ON MAY 4 AND ARRIVED IN LONDON AT 9:50 P.M. THE SAME DAY. HE WAS ON ANNUAL LEAVE ON MAY 6, 7 AND 8, AFTER WHICH HE DEPARTED LONDON BY AIR AT 8:45 A.M. MAY 9, AND ARRIVED IN BEIRUT, LEBANON, AT 7:15 P.M. ON THAT DATE. HE DEPARTED BEIRUT BY AIR AT 11: A.M. THE FOLLOWING DAY AND ARRIVED IN AMMAN 45 MINUTES LATER.

DUE TO THE DELAY EN ROUTE OCCASIONED BY THE ANNUAL LEAVE TAKEN IN LONDON AND A STOPOVER IN BEIRUT, MR. KAY WAS PAID PER DIEM ON A CONSTRUCTIVE SCHEDULE AS FOLLOWS:

CHART

LEAVE NEW YORK AT 10:00 A.M. MAY 4

ARRIVE LONDON AT 9:35 P.M. MAY 4

LEAVE LONDON AT 8:30 A.M. MAY 5

ARRIVE BEIRUT AT 6:05 P.M. MAY 5

LEAVE BEIRUT AT 7:00 P.M. MAY 5

ARRIVE AMMAN AT 8:00 P.M. MAY 5

THE EMPLOYEE CONTENDS THAT THE CONSTRUCTIVE SCHEDULE WOULD NOT HAVE PERMITTED REASONABLE TIME FOR REST IN LONDON AND ALSO THAT THE 55 MINUTE TIME SPREAD AT BEIRUT WOULD NOT HAVE BEEN ADEQUATE TO MAKE THE TRANSFER INCLUDING BAGGAGE, ETC., IF THERE HAD BEEN ANY DELAY IN THE ARRIVAL OF THE PLANE FROM LONDON.

WE HAVE EXPRESSED THE VIEW THAT THE REGULATIONS GOVERNING TRAVEL OF EMPLOYEES DO NOT REQUIRE THEM TO USE COMMON CARRIER TRANSPORTATION REQUIRING DEPARTURES OR ARRIVALS AT UNREASONABLE HOURS AND UNDER CONDITIONS THAT DENY THEM REASONABLE REST PERIODS. THE QUESTION AS TO WHAT CONSTITUTES A REASONABLE REST PERIOD IS A MATTER FOR DETERMINATION IN THE LIGHT OF THE CIRCUMSTANCES IN THE PARTICULAR CASE.

IN A COPY OF A MEMORANDUM DATED DECEMBER 16, 1963, FROM THE OFFICE OF THE CONTROLLER WHICH ACCOMPANIED YOUR LETTER IT IS STATED THAT THE NORMAL DIRECT TRAVEL FROM THE UNITED STATES TO AMMAN INVOLVED ONE OVERNIGHT STOP UNLESS, DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE EMPLOYEE, AN ADDITIONAL OVERNIGHT STOP IS REQUIRED. THE CONSTRUCTIVE SCHEDULE TO WHICH THE EMPLOYEE'S REIMBURSEMENT WAS LIMITED INCLUDED THE OVERNIGHT STOP IN LONDON. IT ALSO IS POINTED OUT IN THE MEMORANDUM THAT AT BEIRUT THE PASSENGER IS IN AN "INTRANSIT STATUS" WITH NO CUSTOMS OR BAGGAGE CLAIMS. FURTHERMORE, IT CANNOT BE ASSUMED THAT THE PLANE ON WHICH THE TRAVEL WOULD HAVE BEEN PERFORMED, EXCEPT FOR THE INTERRUPTION FOR ANNUAL LEAVE, WOULD HAVE BEEN LATE ARRIVING AT BEIRUT THUS NECESSITATING AN OVERNIGHT STOP PRIOR TO PROCEEDING TO THE DESTINATION POINT ONLY ONE HOUR'S TRAVEL TIME AWAY.

ON THE BASIS OF THE FOREGOING THE AMOUNT HERE RECLAIMED WAS ADMINISTRATIVELY DISALLOWED. WE FIND NO CLEAR BASIS FOR DISAGREEMENT. ACCORDINGLY THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.