B-162029, SEP. 19, 1967

B-162029, SEP. 19, 1967

COMPENSATION - OVERTIME - TRAVEL TIME DECISION TO EMPLOYEE OF FEDERAL AVIATION ADMINISTRATION CONCERNING INDEBTEDNESS FOR COMPENSATORY LEAVE FOR TRAVEL TIME THAT WAS NOT COMPENSABLE AS OVERTIME. EMPLOYEE WHO HAD CREDITED TO HIS COMPENSATORY LEAVE ACCOUNT 18 HOURS OF OVERTIME FOR TRAVEL CONTRARY TO THE ADMINISTRATIVE REGULATIONS IS INDEBTED FOR REFUND IN ABSENCE OF ANY EVIDENCE THAT WORK WAS PERFORMED DURING TRAVEL OR THAT TRAVEL WAS PERFORMED UNDER ARDUOUS CONDITIONS.

TO MR. DAVID A. VAN EPPS:

THIS REFERS TO YOUR LETTER OF JULY 7, 1967, REFERENCE ACD0-33-10, WITH ENCLOSURES, CONCERNING YOUR INDEBTEDNESS TO THE GOVERNMENT BECAUSE YOU RECEIVED, AS AN EMPLOYEE OF THE CIVIL AERONAUTICS BOARD, COMPENSATORY LEAVE FOR EIGHTEEN HOURS TRAVEL TIME WHICH WAS NOT COMPENSABLE AS HOURS OF OVERTIME OR COMPENSATORY TIME.

THE RECORD SHOWS THAT DURING THE PERIOD APRIL 3, 1966, THROUGH SEPTEMBER 21, 1966, YOU WERE INADVERTENTLY CREDITED WITH OVERTIME FOR TRAVEL OUTSIDE YOUR REGULAR WORKING HOURS. THE EIGHTEEN HOURS FOR THE TRAVEL IN QUESTION WAS CREDITED TO YOUR COMPENSATORY LEAVE ACCOUNT ON THE BASIS OF CAB FORMS 4 "AUTHORIZATION AND REPORT OF OVERTIME DUTY" APPROVED BY YOUR SUPERVISOR. THIS WAS CONTRARY TO THE BOARD'S ADMINISTRATIVE REGULATION WITH RESPECT TO TRAVEL TIME. THE MATTER CAME TO THE ATTENTION OF THE BOARD WHEN AN OVERTIME AUTHORIZATION FOR ANOTHER EMPLOYEE CONTAINED A STATEMENT THAT THE OVERTIME WAS TRAVEL TIME AND AN EXAMINATION OF PAST REPORTED OVERTIME AND COMPENSATORY TIME WAS MADE.

THE STATUTORY PROVISION GOVERNING THE PAYMENT OF TRAVEL TIME COMPENSATION IS 5 U.S.C. 5542 (B) (2) WHICH PROVIDES THAT:

"/2) TIME SPENT IN A TRAVEL STATUS AWAY FROM THE OFFICIAL DUTY STATION OF AN EMPLOYEE IS NOT HOURS OF EMPLOYMENT UNLESS--

"/A) THE TIME SPENT IS WITHIN THE DAYS AND HOURS OF THE REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK OF THE EMPLOYEE, INCLUDING REGULARLY SCHEDULED OVERTIME HOURS; OR

"/B) THE TRAVEL INVOLVES THE PERFORMANCE OF WORK WHILE TRAVELING OR IS CARRIED OUT UNDER ARDUOUS CONDITIONS.' SECTION 252.22E OF THE C.A.B. MANUAL PERTAINING TO OVERTIME FOR TRAVEL IN EFFECT AT THE TIME THE TRAVEL WAS PERFORMED PROVIDES IN PART AS FOLLOWS:

"/E) * * * TRAVEL TIME, ALONE, DOES NOT ENTITLE AN EMPLOYEE TO OVERTIME COMPENSATION AND WILL NOT BE APPROVED SOLELY ON THE BASIS THAT SUCH TRAVEL BEGINS OR ENDS DURING THE LATE NIGHT OR EARLY MORNING HOURS. WHERE TRANSPORTATION IS BY NORMAL MEANS, OVERTIME COMPENSATION WILL NOT BE ALLOWED FOR THE TRAVEL TIME INVOLVED. HOWEVER, THERE ARE TWO TYPES OF SITUATIONS WHERE TRAVEL TIME MAY BE RECOGNIZED AS OVERTIME, PROVIDED THAT IT IS OFFICIALLY ORDERED OR APPROVED AS SUCH:

"1. WHEN THE TRAVEL CONSTITUTES AN EMPLOYEE'S WORK (E.G., IN THE CASE OF A CHAUFFEUR OR TRUCK DRIVER).

"2. WHEN THE TRAVEL IS CARRIED OUT UNDER SUCH ARDUOUS AND HAZARDOUS CONDITIONS THAT THE TRAVEL IS INSEPARABLE FROM WORK (E.G., TRAVEL TO THE SCENE OF AN ACCIDENT BY MEANS OF AN ABNORMAL MODE OF TRANSPORTATION SUCH AS AIRBOAT, HORSEBACK, OR OTHER UNCONVENTIONAL CONVEYANCE).'

YOU SUGGEST THAT OUR DECISION OF FEBRUARY 1, 1966, B-146389, TO THE FEDERAL AVIATION AGENCY WHERE IT WAS HELD THAT TIME SPENT BY TECHNICIANS IN DAILY TRAVEL FROM SECTOR OFFICE TO VARIOUS WORK SITES FOLLOWING AN INITIAL REPORTING THERE TO PICK UP TOOLS, VEHICLES AND SUPPLIES AND RETURN TO THE SECTOR OFFICE AT THE END OF THE WORKDAY IS CONSIDERED TO BE WORK TIME FOR PAY PURPOSES, WOULD BE APPLICABLE IN YOUR SITUATION. WE DO NOT AGREE. IN YOUR CASE THERE IS NOTHING OF RECORD TO SHOW THAT YOU REPORTED TO A CENTRAL LOCATION TO PICK UP TOOLS, ETC. AND RETURNED THEM TO THE SAME LOCATION AT THE END OF THE WORKDAY. MOREOVER, THERE IS NO INDICATION THAT ANY WORK WAS PERFORMED DURING YOUR TRAVEL, OR THAT THE TRAVEL WAS PERFORMED UNDER ARDUOUS CONDITIONS SO AS TO BE REGARDED IN THE SAME CATEGORY AS WORK. SEE 40 COMP. GEN. 439; 37 ID. 276; 30 ID. 72; 28 ID. 547.

THUS IT APPEARS THAT YOU WERE ERRONEOUSLY GRANTED EIGHTEEN HOURS COMPENSATORY LEAVE AND THAT THE ADMINISTRATIVE ACTION IN REQUESTING YOU TO REFUND THE SUM OF $97.44 WAS CORRECT.