B-168948, APR. 8, 1970

B-168948: Apr 8, 1970

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(III) AND (IV) MAY NOT BE PAID SINCE CLAIMANT'S TRAVEL TO SAIGON IS TO BE REGARDED AS RESULT OF REQUEST OF TECHNICAL ASSISTANCE WHICH WAS CONTROLLABLE ADMINISTRATIVELY. FINLEY IS STATED TO HAVE BEEN IN A TRAVEL STATUS. THAT IS. THE PURPOSE OF THE TEMPORARY DUTY WAS TO PROVIDE TECHNICAL ASSISTANCE ON UH-IF AIRCRAFT. THE CLAIMANT CONTENDS THAT HIS TRAVEL BETWEEN THOSE POINTS WAS CARRIED OUT UNDER ARDUOUS CONDITIONS AND THAT THE TRAVEL. THE TIME SPENT IN A TRAVEL STATUS AWAY FROM THE OFFICIAL DUTY STATION BY AN EMPLOYEE IS NOT HOURS OF EMPLOYMENT UNLESS: "'(B) THE TRAVEL (I) INVOLVES THE PERFORMANCE OF WORK WHILE TRAVELING. (II) IS INCIDENT TO TRAVEL THAT INVOLVES THE PERFORMANCE OF WORK WHILE TRAVELING.

B-168948, APR. 8, 1970

COMPENSATION--OVERTIME--TRAVEL TIME--GENERALLY EMPLOYEE'S CLAIM FOR OVERTIME COMPENSATION FOR 30 1/2 HOURS TRAVEL UNDER 5 U.S.C. 5542 (B) (2) (B), (III) AND (IV) MAY NOT BE PAID SINCE CLAIMANT'S TRAVEL TO SAIGON IS TO BE REGARDED AS RESULT OF REQUEST OF TECHNICAL ASSISTANCE WHICH WAS CONTROLLABLE ADMINISTRATIVELY, RATHER THAN SOLELY AS RESULT OF EMERGENCY CONDITIONS NOT CONTROLLABLE ADMINISTRATIVELY. REGARDING ITEM (III), TEMPORARY DUTY TRAVEL BY PASSENGER-CARRYING VEHICLES UNDER NONEMERGENT CONDITIONS DOES NOT IN ITSELF CONSTITUTE WORK OR TRAVEL UNDER ARDUOUS CONDITIONS FOR OVERTIME COMPENSATION PURPOSES, AND NONARDUOUS TRAVEL DOES NOT BECOME ARDUOUS BECAUSE SUBSTANTIALLY PROLONGED BEYOND REGULAR WORK HOURS. SEE COMP. GEN. DECS. CITED.

TO LIEUTENANT COLONEL D. R. BYE:

YOUR LETTER OF JANUARY 22, 1970, WITH ENCLOSURES, REFERENCE OCCA, FORWARDED TO US BY THE ASSISTANT COMPTROLLER FOR ACCOUNTING AND FINANCE ON JANUARY 30, 1970, REFERENCE AFAACF (XSPC), REQUESTS AN ADVANCE DECISION AS TO WHETHER PAYROLL VOUCHER NO. TA08 (DD FORM 592) MAY BE CERTIFIED FOR PAYMENT IN THE AMOUNT OF $225.70.

THE AMOUNT CLAIMED REPRESENTS OVERTIME COMPENSATION FOR 30 1/2 HOURS ELAPSED TIME THAT MR. BILLY L. FINLEY IS STATED TO HAVE BEEN IN A TRAVEL STATUS, THAT IS, FROM NOON OF SATURDAY, CST, SEPTEMBER 6, 1969, TO 7:30 A.M. ON MONDAY, VIETNAM TIME, SEPTEMBER 8, 1969, IN PROCEEDING FROM OKLAHOMA CITY, OKLAHOMA, TO SAIGON, VIETNAM, PURSUANT TO HIS TRAVEL ORDER NO. T-7408 DATED SEPTEMBER 4, 1969. THE PURPOSE OF THE TEMPORARY DUTY WAS TO PROVIDE TECHNICAL ASSISTANCE ON UH-IF AIRCRAFT, T58-3 ENGINES, DUE TO FOUR RECENT ACCIDENTS.

THE CLAIMANT CONTENDS THAT HIS TRAVEL BETWEEN THOSE POINTS WAS CARRIED OUT UNDER ARDUOUS CONDITIONS AND THAT THE TRAVEL, ORDERED ON SEPTEMBER 4, RESULTED FROM AN EVENT WHICH COULD NOT BE SCHEDULED OR CONTROLLED ADMINISTRATIVELY. WE NOTE THAT EACH OF THE SEGMENTS OF ACTUAL TRAVEL BEGAN ON SATURDAY AND INVOLVED USE OF COMMERCIAL AIRCRAFT FROM OKLAHOMA CITY TO SAN FRANCISCO, COMMERCIAL BUS TO TRAVIS AIR FORCE BASE, AND SCHEDULED GOVERNMENT OWNED AIRCRAFT TO SAIGON.

THE MATTER CONCERNS MR. FINLEY'S ENTITLEMENT TO OVERTIME COMPENSATION UNDER THE PROVISIONS OF SECTION 5542 (B) (2) (B) OF TITLE 5, U.S.C. WHICH PROVIDES IN PERTINENT PART THAT FOR PURPOSES OF PREMIUM PAY, THE TIME SPENT IN A TRAVEL STATUS AWAY FROM THE OFFICIAL DUTY STATION BY AN EMPLOYEE IS NOT HOURS OF EMPLOYMENT UNLESS:

"'(B) 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.'"

REGARDING ARDUOUS TRAVEL, ITEM (III) QUOTED ABOVE, OUR DECISIONS HAVE HELD THAT THE TRAVEL OF AN EMPLOYEE BY PASSENGER-CARRYING VEHICLES UNDER NONEMERGENT CONDITIONS IN CONNECTION WITH TEMPORARY DUTY DOES NOT IN ITSELF CONSTITUTE PERFORMANCE OF WORK OR TRAVEL UNDER ARDUOUS CONDITIONS FOR PURPOSES OF OVERTIME COMPENSATION. WE ALSO HAVE HELD THAT NONARDUOUS TRAVEL DOES NOT BECOME ARDUOUS MERELY BECAUSE A SUBSTANTIAL AMOUNT OF TIME IS SPENT IN TRAVEL OUTSIDE OF REGULAR WORKING HOURS. 40 COMP. GEN. 439; CF. 33 COMP. GEN. 274, 28 ID. 183 AND 547.

REGARDING ITEM (IV) OF SUBSECTION (B), ABOVE, WE ENCLOSE HEREWITH A COPY OF OUR DECISION B-163654 DATED APRIL 19, 1968, EXPRESSING OUR VIEWS ON THE "FOURTH SITUATION" PRESENTED IN THAT CASE. THAT SITUATION APPEARS SIMILAR TO MR. FINLEY'S CASE IN THAT THE EVENTS GIVING RISE TO HIS TRAVEL ORDER EVIDENTLY HAD OCCURRED SEVERAL DAYS--PERHAPS WEEKS, CUMULATIVELY--PRIOR TO ISSUANCE OF THE TRAVEL ORDER ON SEPTEMBER 4, AND THE BEGINNING OF HIS TRAVEL ON SEPTEMBER 6. THUS, MR. FINLEY'S TRAVEL IS TO BE REGARDED AS HAVING BEEN THE RESULT OF A REQUEST OF TECHNICAL ASSISTANCE WHICH WAS CONTROLLABLE RATHER THAN SOLELY AS A RESULT OF EMERGENCY CONDITIONS NOT CONTROLLABLE ADMINISTRATIVELY. ALSO SEE THE SITUATION CONSIDERED IN OUR DECISION B-167614 DATED SEPTEMBER 30, 1969, 49 COMP. GEN. , COPY ENCLOSED.

THEREFORE, AS THE SUBMITTED VOUCHER MAY NOT BE PAID BASED ON THE PRESENT RECORD, THE VOUCHER AND RELATED PAPERS ARE RETAINED IN OUR FILE IN ACCORDANCE WITH ESTABLISHED PROCEDURE.