B-154528, JUL. 1, 1964

B-154528: Jul 1, 1964

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HIS CLAIM FOR 1/4 DAY'S ADDITIONAL PER DIEM IS UPON THE BASIS THAT HIS ENTITLEMENT TO PER DIEM COMMENCED AT THE SCHEDULED TIME OF DEPARTURE OF THE LIMOUSINE FROM THE SILVER SPRING AIR TERMINAL. THAT IS. IT WAS YOUR VIEW THAT THE USE OF LIMOUSINE SERVICE FROM SILVER SPRING DID NOT ENTITLE THE TRAVELER TO ADDITIONAL PER DIEM SINCE THE SILVER SPRING DISCHARGE POINT COULD NOT BE CONSIDERED AS THE "REGULAR TERMINAL" FOR EMPLOYEES WHOSE HEADQUARTERS ARE WASHINGTON. THE CONTROLLING REGULATIONS ARE THOSE APPEARING IN SECTION 6.9C. THAT SECTION IS. OR OTHER CONVEYANCE IS SCHEDULED TO DEPART FROM ITS DEPOT. AIRPORT OR DOCK) REFERRED TO IN THE QUOTED REGULATIONS ARE NOT CONFINED ONLY TO TERMINALS LOCATED WITHIN THE HEADQUARTERS OF THE EMPLOYEE.

B-154528, JUL. 1, 1964

TO MR. WILLIAM L. NORFOLK, AUTHORIZED CERTIFYING OFFICER, NATIONAL LABOR RELATIONS BOARD:

YOUR LETTER OF JUNE 18, 1964, REQUESTS A DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT A RECLAIM VOUCHER IN FAVOR OF REEVES R. HILTON COVERING 1/4 DAY'S PER DIEM WHICH PREVIOUSLY HAD BEEN DISALLOWED BY YOUR OFFICE.

MR. HILTON, INCIDENT TO TRAVEL ORDERS DIRECTING TRAVEL FROM WASHINGTON, D.C., TO MINNEAPOLIS, MINNESOTA, DEPARTED HIS HOME VIA TAXI TO THE SILVER SPRING AIR TERMINAL AND THEN BY AIRPORT LIMOUSINE TO NATIONAL AIRPORT. HIS CLAIM FOR 1/4 DAY'S ADDITIONAL PER DIEM IS UPON THE BASIS THAT HIS ENTITLEMENT TO PER DIEM COMMENCED AT THE SCHEDULED TIME OF DEPARTURE OF THE LIMOUSINE FROM THE SILVER SPRING AIR TERMINAL, THAT IS, 5 P.M. ON FEBRUARY 2, 1964. IT WAS YOUR VIEW THAT THE USE OF LIMOUSINE SERVICE FROM SILVER SPRING DID NOT ENTITLE THE TRAVELER TO ADDITIONAL PER DIEM SINCE THE SILVER SPRING DISCHARGE POINT COULD NOT BE CONSIDERED AS THE "REGULAR TERMINAL" FOR EMPLOYEES WHOSE HEADQUARTERS ARE WASHINGTON, D.C.

THE CONTROLLING REGULATIONS ARE THOSE APPEARING IN SECTION 6.9C. OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THAT SECTION IS, IN PART, AS FOLLOWS:

"GENERALLY FOR COMPUTING PER DIEM ALLOWANCES OFFICIAL TRAVEL BEGINS WHEN THE TRAIN, AIRPLANE, BOAT, OR OTHER CONVEYANCE IS SCHEDULED TO DEPART FROM ITS DEPOT, TRAIN, AIRPLANE, OR DOCK AND ENDS WHEN THE TRAIN, AIRPLANE, BOAT, OR OTHER CONVEYANCE ACTUALLY ARRIVES AT ITS DEPOT, AIRPORT, OR DOCK AT THE CONCLUSION OF A TRIP. * * *"

THE TERMINALS (DEPOT, AIRPORT OR DOCK) REFERRED TO IN THE QUOTED REGULATIONS ARE NOT CONFINED ONLY TO TERMINALS LOCATED WITHIN THE HEADQUARTERS OF THE EMPLOYEE. WE UNDERSTAND THAT THE SILVER SPRING AIR TERMINAL IS ONE FROM WHICH LIMOUSINE SERVICE IS OFFERED ON A PUBLISHED SCHEDULE. MOREOVER, THE USE OF THAT TERMINAL RATHER THAN TAXI SERVICE TO THE STATLER HOTEL AND LIMOUSINE SERVICE FROM THAT POINT APPEARS TO HAVE BEEN THE MORE REASONABLE MODE OF TRAVEL FROM THE CLAIMANT'S HOME IN SILVER SPRING TO NATIONAL AIRPORT. UNDER THE CIRCUMSTANCES, IT IS OUR VIEW THAT MR. HILTON'S ENTITLEMENT TO PER DIEM WOULD COMMENCE AT THE SCHEDULED TIME OF DEPARTURE OF THE LIMOUSINE FROM THE SILVER SPRING TERMINAL. ACCORDINGLY, THE RECLAIM VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.