B-162307, SEP. 1, 1967

B-162307, SEP. 1, 1967

COMPENSATION - OVERTIME - STAND-BY DUTY - VESSEL EMPLOYEES ON "TRIAL TRIPS" DECISION TO COMPTROLLER NORFOLK NAVAL SHIPYARD ON BEHALF OF REGIONAL DISBURSING OFFICER RE COMPENSATION FOR STANDBY DUTY UNDER TWO-THIRDS RULE FOR TEMPORARY DUTY FOR CIVILIAN EMPLOYEES ABOARD USS JOHN KING. EMPLOYEES WHO WERE REQUIRED TO BE ON STANDBY DUTY TO CONDUCT TESTS ON BOARD VESSEL PRELIMINARY TO AN OVERHAUL OF THE SHIP LATER MAY HAVE SUCH DUTY REGARDED AS ANALOGOUS TO "TRIAL TRIP" DUTY UNDER NAVY CIVILIAN PERSONNEL INSTRUCTIONS 610.4-3 SO AS TO ENTITLE THE EMPLOYEES TO BE COMPENSATED UNDER THE "TWO-THIRDS" RULE IN THE REGULATION.

TO MR. W.H. LEWIS, COMPTROLLER:

YOUR LETTER OF AUGUST 4, 1967, REFERENCE NY6/12770/600), WITH ENCLOSURES, REQUESTS OUR ADVANCE DECISION WHETHER THE FOUR CIVILIAN EMPLOYEES OF THE DEPARTMENT OF THE NAVY NAMED IN YOUR LETTER MAY BE COMPENSATED FOR STANDBY DUTY UNDER THE "TWO-THIRDS" RULE, IN CONNECTION WITH THEIR TEMPORARY DUTY ABOARD THE U.S.S. JOHN KING, WHICH WAS UNDER WAY ON THE HIGH SEAS. YOU SAY YOUR REQUEST IS MADE ON BEHALF OF A REGIONAL DISBURSING OFFICER APPARENTLY UNDER 31 U.S.C. 74, AND THEREFORE WE WILL REGARD THE REQUEST AS ONE ORIGINATING WITH SUCH AN OFFICER.

THE RECORD DISCLOSES THAT THE FOUR EMPLOYEES, UNDER APPROPRIATE TRAVEL ORDERS, REPORTED OVERSEAS FOR DUTY ABOARD THE U.S.S. JOHN KING TO CONDUCT TESTS OF THE VARIOUS SYSTEMS OF THE SHIP UNDER ACTUAL OPERATING CONDITIONS PRELIMINARY TO AN OVERHAUL OF THE SHIP SCHEDULED FOR LATER IN THE YEAR AT THE NORFOLK NAVAL SHIPYARD. YOUR LETTER RELATES THAT IN THE PERFORMANCE OF THE TESTS THE EMPLOYEES WERE REQUIRED TO BE ON CALL AT ALL HOURS OF THE DAY AND THE RECORDS OTHERWISE DISCLOSE THAT THEY ACTUALLY PERFORMED OVERTIME DUTIES AT HOURS BEYOND THOSE SCHEDULED FOR THEIR NORMAL DAILY TOURS.

NAVY CIVILIAN PERSONNEL INSTRUCTIONS 610.4-3 PRESCRIBE GENERALLY THE CONDITIONS UNDER WHICH EMPLOYEES MAY BE REGARDED AS BEING IN A STANDBY DUTY STATUS. NCPI 610.4-3F, EXPRESSLY RELATES TO DUTY ON VESSELS UNDERWAY. THAT SUBSECTION READS, IN PART, AS FOLLOWS: "EMPLOYEES WILL BE CONSIDERED TO BE IN A STANDBY STATUS WHEN ASSIGNED TO DUTY ABOARD VESSELS ON TRIAL TRIPS. AS USED HEREIN THE TERM -TRIAL TRIPS' APPLIES TO SHAKEDOWN CRUISES OR OTHER SEA TRIALS WHICH ARE USUALLY OF SHORT DURATION AND MADE SOLELY TO TEST DIFFERENT TYPES OF MATERIAL OR EQUIPMENT *IN CONNECTION WITH* OVERHAUL, REPAIR OR INSTALLATION IN ORDER TO DETERMINE THE EFFECTIVENESS OR ACCEPTABILITY OF SUCH COMPONENTS AS THEY AFFECT THE OPERATIONAL NEEDS OF THE SPECIFIC SHIP. * * *"

THE QUESTION IN YOUR LETTER IS UNDERSTOOD TO ARISE FROM A DOUBT WHETHER THE QUOTED SECTION RELATING PRIMARILY TO "TRIAL TRIPS" IS SUFFICIENTLY COMPREHENSIVE TO INCLUDE PREOVERHAUL INSPECTIONS ABOARD SHIPS UNDERWAY.

THE CONDITIONS OF THE DUTY REQUIRED TO BE PERFORMED ON "TRIAL TRIPS" APPEAR TO BE ANALOGOUS TO THOSE REQUIRED OF THE FOUR EMPLOYEES IN THE INSTANT CASES AND THE DUTIES THEMSELVES APPEAR TO BE SIMILAR. ALSO, WE UNDERSTAND THAT THE DUTY TOUR WAS OF SHORT DURATION. UNDER SUCH CIRCUMSTANCES WE ARE OF THE OPINION THAT THIS CASE MAY BE REGARDED AS FALLING WITHIN THE PURVIEW OF NCPI 610.4-3F SO AS TO PERMIT THE EMPLOYEES TO BE COMPENSATED UNDER THE "TWO-THIRDS" RULE AS OTHERWISE PROVIDED IN THE REGULATIONS.

THEREFORE, A VOUCHER FOR OVERTIME COMPENSATION COVERING STANDBY DUTY PERFORMED BY THE EMPLOYEES UNDER THE "TWO-THIRDS" RULE MAY BE PAID BY AN APPROPRIATE DISBURSING OFFICER.