B-164898, AUG. 28, 1968

B-164898: Aug 28, 1968

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WHICH WAS FORWARDED HERE ON JULY 15. CONCERNING THE ENTITLEMENT OF CERTAIN WAGE BOARD (UNGRADED) EMPLOYEES OF THE NORFOLK NAVAL SHIPYARD TO OVERTIME COMPENSATION WHILE THEY WERE PROCEEDING FROM THE NORFOLK NAVAL AIR STATION. THE EMPLOYEES INVOLVED WERE ASSIGNED TO PARTICIPATE IN THE POST REPAIR TRIALS OF THE USS FORRESTAL BETWEEN APRIL 8 AND 10. THEY HAVE BEEN PAID FOR DUTY PERFORMED ABOARD THE USS FORRESTAL UNDER THE TWO-THIRDS RULE APPLICABLE TO EMPLOYEES WHO SPEND SUBSTANTIAL AMOUNTS OF TIME IN A STANDBY STATUS IN ACCORDANCE WITH NAVY CIVILIAN PERSONNEL INSTRUCTION 610.4.3F. THE USS FORRESTAL WAS AT SEA AND THE EMPLOYEES WERE TRANSPORTED BY AIR TO NORFOLK NAVAL AIR STATION BETWEEN 4:30 P.M.

B-164898, AUG. 28, 1968

TO CAPTAIN W. H. LEWIS:

WE REFER TO YOUR LETTER OF JUNE 13, 1968, YOUR REFERENCE NY6/12770/600), WHICH WAS FORWARDED HERE ON JULY 15, 1968, CONCERNING THE ENTITLEMENT OF CERTAIN WAGE BOARD (UNGRADED) EMPLOYEES OF THE NORFOLK NAVAL SHIPYARD TO OVERTIME COMPENSATION WHILE THEY WERE PROCEEDING FROM THE NORFOLK NAVAL AIR STATION, NORFOLK, VIRGINIA, TO THE NORFOLK NAVAL SHIPYARD, PORTSMOUTH, VIRGINIA, AFTER RETURNING BY AIR TO THE AIR STATION FROM TEMPORARY DUTY ABOARD THE USS FORRESTAL AT SEA.

THE EMPLOYEES INVOLVED WERE ASSIGNED TO PARTICIPATE IN THE POST REPAIR TRIALS OF THE USS FORRESTAL BETWEEN APRIL 8 AND 10, 1968. THEY HAVE BEEN PAID FOR DUTY PERFORMED ABOARD THE USS FORRESTAL UNDER THE TWO-THIRDS RULE APPLICABLE TO EMPLOYEES WHO SPEND SUBSTANTIAL AMOUNTS OF TIME IN A STANDBY STATUS IN ACCORDANCE WITH NAVY CIVILIAN PERSONNEL INSTRUCTION 610.4.3F. UPON COMPLETION OF THEIR TEMPORARY DUTY ON APRIL 10, THE USS FORRESTAL WAS AT SEA AND THE EMPLOYEES WERE TRANSPORTED BY AIR TO NORFOLK NAVAL AIR STATION BETWEEN 4:30 P.M. AND 5 P.M. ON THAT DAY. AT 6 P.M. THEY DEPARTED THE AIR STATION BY GOVERNMENT CONVEYANCE ARRIVING AT THE NORFOLK NAVAL SHIPYARD AT APPROXIMATELY 7 P.M. YOU ASK WHETHER THE EMPLOYEES ARE ENTITLED TO OVERTIME COMPENSATION FOR THE 2-HOUR PERIOD AFTER THEIR ARRIVAL AT THE AIR STATION AND UNTIL THEY ARRIVED AT THE NAVAL SHIPYARD.

5 U.S.C. 5544, APPLICABLE TO OVERTIME PAY FOR WAGE BOARD EMPLOYEES, WAS AMENDED BY SECTION 222 (D) OF THE FEDERAL SALARY ACT OF 1967, APPROVED DECEMBER 16, 1967, PUBLIC LAW 90-206 (TITLE II), 81 STAT. 641, BY ADDITION OF THE FOLLOWING SENTENCE: "TIME SPENT IN A TRAVEL STATUS AWAY FROM THE OFFICIAL DUTY STATION OF AN EMPLOYEE SUBJECT TO THIS SUBSECTION IS NOT HOURS OF WORK UNLESS THE TRAVEL (I) INVOLVES THE PERFORMANCE OF WORK WHILE TRAVELING (II) IS INCIDENT TO TRAVEL THAT INVOLVES THE PERFORMANCE OF WORK WHILE TRAVELING (III) IS CARRIED OUT UNDER ARDUOUS CONDITIONS, OR (IV) RESULTS FROM AN EVENT WHICH COULD NOT BE SCHEDULED OR CONTROLLED ADMINISTRATIVELY.'

GENERALLY, WORK PERFORMED BY EMPLOYEES ASSIGNED TO DUTY, PERMANENT OR TEMPORARY, ABOARD A SHIP AT SEA IS NOT TO BE VIEWED AS THE PERFORMANCE OF WORK WHILE TRAVELING. THEREFORE, TRAVEL TO OR FROM SUCH AN ASSIGNMENT IS NOT TRAVEL INCIDENT TO TRAVEL THAT INVOLVES THE PERFORMANCE OF WORK WHILE TRAVELING. THERE IS NO INDICATION THAT THE TIME THE EMPLOYEES CONCERNED SPENT TRAVELING FROM THE AIR STATION TO THE SHIPYARD IS COVERED BY ANY OF THE OTHER ITEMS IN THE PROVISIONS INVOLVED SO AS TO PERMIT PAYMENT OF OVERTIME COMPENSATION.

FOR THE REASONS STATED NO OVERTIME COMPENSATION MAY BE PAID FOR THE PERIOD AFTER THE EMPLOYEES RETURNED TO THE NORFOLK NAVAL AIR STATION.