B-169797, JUN. 24, 1970

B-169797: Jun 24, 1970

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THAT IS. THE SALARY IS PAID FOR TRAVEL PERFORMED DURING THE SCHEDULED WORKING HOURS OF THE OFFICE TO WHICH THEY ARE ASSIGNED. WHEREAS HER TOTAL ABSENCE WAS FOR 8 HOURS SINCE THE TRAVEL WAS PERFORMED ON SATURDAY. THE POLICY TO WHICH YOU REFER APPARENTLY IS BASED ON THE PROVISION IN 5 U.S.C. 6101(B)(2) AS FOLLOWS: "TO THE MAXIMUM EXTENT PRACTICABLE. WE HAVE RULED THAT EMPLOYEES SERVING ON A WHEN-ACTUALLY-EMPLOYED BASIS WITHOUT AN ESTABLISHED TOUR OF DUTY MAY BE COMPENSATED WHILE TRAVELING ON OFFICIAL BUSINESS ON DAYS GENERALLY REGARDED AS NONWORKDAYS FOR THE SAME NUMBER OF HOURS AS HE WORKS ON OTHER DAYS BUT NOT IN EXCESS THEREOF SOLELY BECAUSE HE IS IN A TRAVEL STATUS. STUBBLEFIELD WAS OFFICIALLY AUTHORIZED TO CONDUCT AN ELECTION IN PARK CITY ON JANUARY 17.

B-169797, JUN. 24, 1970

TO MISS ETHELREDA C. FESMIRE:

THIS REFERS TO YOUR LETTER DATED MAY 11, 1970, IN WHICH YOU REQUESTED AN ADVANCE DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER AND SCHEDULE OF PAYMENTS IN THE AMOUNT OF $30.77 COVERING SERVICES RENDERED BY MRS. BARBARA S. STUBBLEFIELD, A W.A.E. ELECTION EXAMINER OF THE NATIONAL LABOR RELATIONS BOARD.

YOUR QUESTION INVOLVES AN ELECTION CONDUCTED BY MRS. STUBBLEFIELD AT A SKI AREA ON SATURDAY, JANUARY 17, 1970. SHE DEPARTED FROM HER DUTY STATION, SALT LAKE CITY, UTAH, AT 12:30 P.M. AND ARRIVED AT PARK CITY, UTAH, AT 2:30 P.M. HAVING TRAVELED THROUGH A VERY HEAVY STORM. BETWEEN 2:30 P.M. AND 7 P.M. SHE SET UP A VOTING BOOTH, CONDUCTED AN ELECTION, TALLIED BALLOTS, ETC. SHE DEPARTED PARK CITY IMMEDIATELY AFTER 7 P.M. AND ARRIVED AT HER DUTY STATION AT 8:30 P.M.

YOU SAY THAT THE POLICY OF THE NATIONAL LABOR RELATIONS BOARD REGARDING THE PAYMENT OF SALARY FOR TRAVEL TIME FOR W.A.E. EMPLOYEES PARALLELS THAT OF PER ANNUM EMPLOYEES, THAT IS, THE SALARY IS PAID FOR TRAVEL PERFORMED DURING THE SCHEDULED WORKING HOURS OF THE OFFICE TO WHICH THEY ARE ASSIGNED. UNDER SUCH POLICY MRS. STUBBLEFIELD WOULD BE PAID FOR 4-1/2 HOURS FROM 2:30 P.M. TO 7 P.M. WHEREAS HER TOTAL ABSENCE WAS FOR 8 HOURS SINCE THE TRAVEL WAS PERFORMED ON SATURDAY, A SCHEDULED NONWORKDAY.

THE POLICY TO WHICH YOU REFER APPARENTLY IS BASED ON THE PROVISION IN 5 U.S.C. 6101(B)(2) AS FOLLOWS:

"TO THE MAXIMUM EXTENT PRACTICABLE, THE HEAD OF AN AGENCY SHALL SCHEDULE THE TIME TO BE SPENT BY AN EMPLOYEE IN A TRAVEL STATUS AWAY FROM HIS OFFICIAL DUTY STATION WITHIN THE REGULARLY SCHEDULED WORKWEEK OF THE EMPLOYEE."

WE HAVE RULED THAT EMPLOYEES SERVING ON A WHEN-ACTUALLY-EMPLOYED BASIS WITHOUT AN ESTABLISHED TOUR OF DUTY MAY BE COMPENSATED WHILE TRAVELING ON OFFICIAL BUSINESS ON DAYS GENERALLY REGARDED AS NONWORKDAYS FOR THE SAME NUMBER OF HOURS AS HE WORKS ON OTHER DAYS BUT NOT IN EXCESS THEREOF SOLELY BECAUSE HE IS IN A TRAVEL STATUS. SEE B 125747, DECEMBER 5, 1955, COPY HEREWITH. PRESUMABLY, MRS. STUBBLEFIELD WAS OFFICIALLY AUTHORIZED TO CONDUCT AN ELECTION IN PARK CITY ON JANUARY 17, 1970, AND POSSIBLY THAT DAY WAS CHOSEN AS A PARTICULARLY FAVORABLE TIME FOR SUCH ELECTION.

ASSUMING THAT MRS. STUBBLEFIELD'S NORMAL WORKDAY CONSISTS OF 8 HOURS, SHE IS ENTITLED TO PAY AT HER REGULAR RATE FOR THE 8 HOURS INCLUDING TRAVEL TIME SPENT ON OFFICIAL BUSINESS ON JANUARY 17, 1970. WE NOTE THAT THE VOUCHER APPARENTLY WAS COMPUTED WITHOUT REGARD TO THE RECENT RETROACTIVE SALARY INCREASE FOR GENERAL SCHEDULE AND CERTAIN OTHER EMPLOYEES. UPON RECOMPUTATION BASED ON THE EMPLOYEE'S NEW SALARY RATE, THE VOUCHER, WHICH IS RETURNED, MAY BE CERTIFIED FOR PAYMENT.