B-169373, JUN. 30, 1970
Highlights
AUTREY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 19. THE EMPLOYEE WAS DIRECTED TO PROCEED FROM LOS ANGELES. 980 POUNDS WERE PICKED UP AT HIS RESIDENCE IN LOS ANGELES. THE CARRIER WAS UNABLE TO UNLOAD IMMEDIATELY AND DELIVERY WAS MADE THE FOLLOWING DAY. THE EMPLOYEE WAS CHARGED THE SUM OF $108 REPRESENTING "WAITING TIME" FOR 9 HOURS AT $12 PER HOUR. APPARENTLY THE EMPLOYEE WAS REIMBURSED ON A COMMUTED BASIS FOR THE CHARGES INCIDENT TO THE TRANSPORTATION OF HIS EFFECTS TO NEW YORK WITH THE EXCEPTION OF THE CHARGE OF $108 FOR WAITING TIME WHICH WAS NOT CONSIDERED STORAGE. GEN. 399 (1950) IT WAS HELD. EVEN THOUGH THERE IS NO SPECIFIC PROVISION OF LAW AUTHORIZING SUCH EXPENSES. SINCE THE SUM OF $108 "WAITING TIME" IS LESS THAN THE APPLICABLE COMMUTED RATE FOR TEMPORARY STORAGE (2.
B-169373, JUN. 30, 1970
TO MR. L. V. AUTREY:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 19, 1970, WITH ENCLOSURES, TRANSMITTING A VOUCHER IN FAVOR OF WILLIAM S. FOWLER, JR; FOR AN AMOUNT ALLEGED TO BE DUE FOR TEMPORARY STORAGE OF HIS HOUSEHOLD GOODS INCIDENT TO A PERMANENT TRANSFER OF DUTY STATION AS AN EMPLOYEE OF THE BUREAU OF NARCOTICS AND DRUGS.
BY DEPARTMENT OF JUSTICE TRAVEL AUTHORIZATION, DATED AUGUST 30, 1969, THE EMPLOYEE WAS DIRECTED TO PROCEED FROM LOS ANGELES, CALIFORNIA, TO NEW YORK, FOR PERMANENT DUTY. THE SAID TRANSFER ORDER AUTHORIZED SHIPMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS.
THE RECORD SHOWS THAT ON SEPTEMBER 16, 1969, THE EMPLOYEE'S HOUSEHOLD EFFECTS WEIGHING 2,980 POUNDS WERE PICKED UP AT HIS RESIDENCE IN LOS ANGELES, CALIFORNIA, AND SHIPPED BY VAN TO ASTORIA, QUEENS, NEW YORK, ARRIVING THERE ON OCTOBER 9, 1969. THE CARRIER WAS UNABLE TO UNLOAD IMMEDIATELY AND DELIVERY WAS MADE THE FOLLOWING DAY, OCTOBER 10, 1969. THE EMPLOYEE WAS CHARGED THE SUM OF $108 REPRESENTING "WAITING TIME" FOR 9 HOURS AT $12 PER HOUR.
APPARENTLY THE EMPLOYEE WAS REIMBURSED ON A COMMUTED BASIS FOR THE CHARGES INCIDENT TO THE TRANSPORTATION OF HIS EFFECTS TO NEW YORK WITH THE EXCEPTION OF THE CHARGE OF $108 FOR WAITING TIME WHICH WAS NOT CONSIDERED STORAGE. HE NOW CLAIMS THE ADDITIONAL SUM OF $108 AS BEING COMPARABLE WITH STORAGE.
IN 29 COMP. GEN. 399 (1950) IT WAS HELD, QUOTING FROM THE SYLLABUS:
"THE EXPENSES INCURRED BY AN EMPLOYEE FOR OVERNIGHT 'WAITING TIME' FOR A MOVING VAN IN LIEU OF TEMPORARY STORAGE DUE TO THE ARRIVAL OF HIS HOUSEHOLD EFFECTS AT HIS NEW OFFICIAL DUTY STATION PRIOR TO THE AVAILABILITY OF HIS QUARTERS MAY BE REIMBURSED, EVEN THOUGH THERE IS NO SPECIFIC PROVISION OF LAW AUTHORIZING SUCH EXPENSES, IN VIEW OF THE RESULTING SAVINGS TO THE GOVERNMENT OVER THE COST OF OVERNIGHT STORAGE AUTHORIZED UNDER EXECUTIVE ORDER NO. 9933 TO BE REIMBURSED ON A COMMUTED BASIS."
SINCE THE SUM OF $108 "WAITING TIME" IS LESS THAN THE APPLICABLE COMMUTED RATE FOR TEMPORARY STORAGE (2,980 POUNDS X $7.50 PER HUNDRED POUNDS OR $223.50) AS SHOWN IN GSA BULLETIN FPMR NO. A-2, SUPPLEMENT 21, ATTACHMENT A, EFFECTIVE OCTOBER 3, 1969, THE CLAIM MAY BE ALLOWED.
ACCORDINGLY, THE VOUCHER WHICH IS RETURNED HEREWITH, IF OTHERWISE CORRECT, PROPERLY MAY BE CERTIFIED FOR PAYMENT.