B-160283, NOV. 4, 1966

B-160283: Nov 4, 1966

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

APPARENTLY THE PURPOSE OF THE TRAVEL TO BENNINGTON WAS PERSONAL AND NOT CONNECTED WITH HIS EMPLOYMENT AS A MEMBER OF THE EMERGENCY BOARD OR AS DEAN OF THE STANFORD UNIVERSITY SCHOOL OF LAW. ALL OF THE TRAVEL INVOLVED EXCEPT THAT OF AUGUST 2 WAS PAID FOR WITH U.S. THE VOUCHER WHICH YOU HAVE SUBMITTED TO US INCLUDES PAYMENT OF THE COSTS AS CLAIMED BY DEAN MANNING AND HAS BEEN APPROVED BY THE CHAIRMAN OF EMERGENCY BOARD NO. 167. SECTION 10 OF THE RAILWAY LABOR ACT PROVIDES IN PERTINENT PART: "THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY BE NECESSARY FOR THE EXPENSES OF SUCH BOARD. PROVIDED IN PART: "EACH MEMBER OF THE BOARD IS TO RECEIVE COMPENSATION AT THE RATE OF $100.00 PER DAY FOR EACH DAY THAT HE IS ACTUALLY ENGAGED IN THE PERFORMANCE OF HIS DUTIES OR IN TRAVEL IN CONNECTION THEREWITH.

B-160283, NOV. 4, 1966

TO AUTHORIZED CERTIFYING OFFICER, NATIONAL MEDIATION BOARD:

WE REFER TO YOUR LETTER OF OCTOBER 21, 1966, REQUESTING OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE ENCLOSED TRAVEL VOUCHER IN FAVOR OF DEAN BAYLESS MANNING, FOR EXPENSES HE INCURRED AS A MEMBER OF THE PRESIDENTIAL EMERGENCY BOARD CREATED BY EXECUTIVE ORDER NO. 11291, JULY 27, 1966, UNDER SECTION 10 OF THE RAILWAY LABOR ACT, APPROVED MAY 20, 1926, 44 STAT. 586, AS AMENDED, 45 U.S.C. 160.

AFTER APPOINTMENT AS A MEMBER OF THE EMERGENCY BOARD DESIGNATED NO. 167, DEAN MANNING TRAVELED FROM HIS HOME AND REGULAR PLACE OF BUSINESS, PALO ALTO, CALIFORNIA, TO WASHINGTON, D.C., ON AUGUST 2, 1966. HE PERFORMED DUTIES OF THE EMERGENCY BOARD THROUGH AUGUST 5 AND ON AUGUST 6 HE TRAVELED TO BENNINGTON, VERMONT, RETURNING TO NEW YORK FOR DUTY AT THAT PLACE ON AUGUST 8. APPARENTLY THE PURPOSE OF THE TRAVEL TO BENNINGTON WAS PERSONAL AND NOT CONNECTED WITH HIS EMPLOYMENT AS A MEMBER OF THE EMERGENCY BOARD OR AS DEAN OF THE STANFORD UNIVERSITY SCHOOL OF LAW. DEAN MANNING PERFORMED DUTIES OF THE EMERGENCY BOARD AT NEW YORK UNTIL THE EVENING OF AUGUST 9 WHEN HE TRAVELED TO MONTREAL, CANADA, TO ADDRESS THE CONVENTION OF THE AMERICAN BAR ASSOCIATION. HE RETURNED TO NEW YORK ON THE EVENING OF AUGUST 10 AND ON AUGUST 11 RESUMED WORK FOR THE EMERGENCY BOARD IN WASHINGTON. BETWEEN AUGUST 13 AND 15 HE TRAVELED FROM NEW YORK TO PALO ALTO TO WASHINGTON, APPARENTLY FOR THE PURPOSE OF PERFORMING DUTIES OF HIS REGULAR EMPLOYMENT WITH THE STANFORD LAW SCHOOL IN PALO ALTO. HE RETURNED TO PALO ALTO ON AUGUST 30 UPON COMPLETION OF THE WORK OF THE EMERGENCY BOARD. ALL OF THE TRAVEL INVOLVED EXCEPT THAT OF AUGUST 2 WAS PAID FOR WITH U.S. GOVERNMENT TRANSPORTATION REQUESTS.

APPARENTLY DEAN MANNING QUESTIONED THE FIRST VOUCHER FOR PAYMENT OF HIS EXPENSES AS A MEMBER OF THE EMERGENCY BOARD WHICH HAD BEEN PREPARED FOR HIM ON THE BASIS THAT IT DID NOT PROVIDE FOR PAYMENT BY THE GOVERNMENT OF THE COST OF HIS TRAVEL FROM NEW YORK TO BENNINGTON AND RETURN ON AUGUST 6 AND 7 OR THE COST OF HIS TRAVEL FROM NEW YORK TO MONTREAL AND RETURN ON AUGUST 9 AND 10. HE FURTHER QUESTIONED THE FACT THAT THE VOUCHER AS SO PREPARED DID NOT INCLUDE REIMBURSEMENT FOR TELEPHONE CALLS HE MADE FROM NEW YORK AND WASHINGTON TO HIS SECRETARY IN PALO ALTO. THE VOUCHER WHICH YOU HAVE SUBMITTED TO US INCLUDES PAYMENT OF THE COSTS AS CLAIMED BY DEAN MANNING AND HAS BEEN APPROVED BY THE CHAIRMAN OF EMERGENCY BOARD NO. 167.

SECTION 10 OF THE RAILWAY LABOR ACT PROVIDES IN PERTINENT PART:

"THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY BE NECESSARY FOR THE EXPENSES OF SUCH BOARD, INCLUDING THE COMPENSATION AND THE NECESSARY TRAVELING EXPENSES AND EXPENSES ACTUALLY INCURRED FOR SUBSISTENCE, OF THE MEMBERS OF THE BOARD. ALL EXPENDITURES OF THE BOARD SHALL BE ALLOWED AND PAID ON THE PRESENTATION OF ITEMIZED VOUCHERS THEREFOR APPROVED BY THE CHAIRMAN.'

DEAN MANNING'S LETTER OF APPOINTMENT FROM THE PRESIDENT DATED JULY 29, 1966, PROVIDED IN PART:

"EACH MEMBER OF THE BOARD IS TO RECEIVE COMPENSATION AT THE RATE OF $100.00 PER DAY FOR EACH DAY THAT HE IS ACTUALLY ENGAGED IN THE PERFORMANCE OF HIS DUTIES OR IN TRAVEL IN CONNECTION THEREWITH. ADDITION, EACH MEMBER OF THE BOARD WILL BE ALLOWED $16.00 PER DIEM IN LIEU OF SUBSISTENCE WHILE SO ENGAGED AWAY FROM HIS HOME OR HIS REGULAR PLACE OF BUSINESS.'

IT WAS APPARENTLY INTENDED TO AUTHORIZE PAYMENT OF DEAN MANNING'S TRAVEL IN A MANNER SIMILAR TO THAT PROVIDED BY 5 U.S.C. 5703 (SECTION 5 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946) FOR THE TRAVEL OF INTERMITTENTLY EMPLOYED EXPERTS AND CONSULTANTS. EMPLOYEES SUBJECT TO THAT PROVISION MAY BE ALLOWED TRAVEL EXPENSES FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS TO THE PLACE WHERE THEY ARE TO PERFORM GOVERNMENT WORK EACH TIME THEY ARE CALLED UPON TO PERFORM SUCH WORK. FURTHERMORE, SUCH EMPLOYEES ARE ALLOWED TO RETURN TO THEIR HOMES OR PLACES OF BUSINESS AT GOVERNMENT EXPENSE ON DAYS THEY ARE NOT REQUIRED TO PERFORM SERVICES FOR THE GOVERNMENT. 99100, NOVEMBER 20, 1950, COPY ENCLOSED; SEE ALSO 22 COMP. GEN. 459. THE TERM REGULAR PLACE OF BUSINESS AS USED IN THAT PROVISION OF LAW HAS BEEN BROADLY INTERPRETED TO PERMIT TRAVEL AT GOVERNMENT EXPENSE TO AND FROM PLACES OTHER THAN THE HOME OR HEADQUARTERS OFFICE OF THE EMPLOYEE. COMP. GEN. 39; 34 ID. 628.

WE NOTE THAT THE NATURE OF THE DUTIES TO BE PERFORMED BY A MEMBER OF A BOARD SUCH AS HERE INVOLVED, AS WELL AS THE TERMS OF A MEMBER'S APPOINTMENT, ARE TO BE REGARDED AS REQUIRING ONLY INTERMITTENT EMPLOYMENT. IN VIEW OF THE SIMILARITY OF EMPLOYMENT UNDER SECTION 10 OF THE RAILWAY LABOR ACT AND THE EMPLOYMENT OF AN EXPERT OR CONSULTANT ON AN INTERMITTENT BASIS, WE SEE NO OBJECTION TO THE EXPENSES ALLOWABLE UNDER SECTION 10 BEING EQUATED TO THOSE ALLOWABLE UNDER 5 U.S.C. 5703.

ACCORDINGLY, THE COST OF DEAN MANNING'S TRAVEL TO MONTREAL TO THE CONVENTION OF THE AMERICAN BAR ASSOCIATION MAY PROPERLY BE PAID BY THE GOVERNMENT AS TRAVEL REQUIRED IN THE PERFORMANCE OF HIS REGULAR BUSINESS. IN THAT CONNECTION WE NOTE THAT TRAVEL TO MONTREAL WAS LESS EXPENSIVE THAN THE COST OF TRAVEL TO PALO ALTO. ALSO, THE COST OF HIS TRAVEL TO PALO ALTO, HIS HOME AND REGULAR PLACE OF BUSINESS, BETWEEN AUGUST 13 AND 15 AND THE COST OF HIS TRAVEL TO BENNINGTON, VERMONT, ON AUGUST 6 AND 7, WHICH WAS SUBSTANTIALLY LESS THAN THE COST WOULD HAVE BEEN HAD HE TRAVELED TO HIS HOME IN PALO ALTO, MAY BE PAID BY THE GOVERNMENT.

THE COST OF LONG DISTANCE TELEPHONE CALLS MADE BY GOVERNMENT EMPLOYEES MAY BE PAID BY THE GOVERNMENT ONLY WHEN THE CALLS ARE NECESSARY "FOR THE TRANSACTION OF PUBLIC BUSINESS WHICH THE INTERESTS OF THE GOVERNMENT REQUIRE TO BE SO TRANSACTED.' 31 U.S.C. 680A. SINCE THE COST OF TELEPHONE CALLS FOR WHICH DEAN MANNING SEEKS REIMBURSEMENT WERE NECESSARY IN TRANSACTING THE BUSINESS OF THE STANFORD LAW SCHOOL, SUCH COSTS MAY NOT BE CONSIDERED AS ALLOWABLE UNDER THE CITED STATUTE. B-157312, MAY 23, 1966, COPY ENCLOSED.

REGARDING THE PER DIEM CLAIMED BY DEAN MANNING WE NOTE THAT HIS CLAIM INCLUDES PER DIEM ON AUGUST 10 WHILE HE WAS AT THE CONVENTION OF THE AMERICAN BAR ASSOCIATION. SINCE HIS ATTENDANCE AT THAT CONVENTION WAS NOT NECESSARY TO BUSINESS OF THE EMERGENCY BOARD PER DIEM SHOULD NOT BE ALLOWED WHILE HE WAS IN MONTREAL--- APPARENTLY FROM MIDNIGHT AUGUST 9 TO THE THIRD QUARTER OF THAT DAY OR 3/4 DAY.

THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT, ASSUMING OF COURSE THAT THE COST OF TELEPHONE CALLS TO PALO ALTO ON STANFORD LAW SCHOOL BUSINESS AND PER DIEM FOR 3/4 OF A DAY ON AUGUST 10 WILL BE DEDUCTED THEREFROM.