B-170291, OCT. 21, 1970

B-170291, OCT. 21, 1970

COMPENSATION - OVERTIME FOR TRAVEL SUSTAINING DECISION DENYING CLAIM OF EMPLOYEE OF THE FEDERAL AVIATION ADMINISTRATION FOR OVERTIME FOR TRAVEL PERFORMED OUTSIDE OF REGULARLY SCHEDULED WORKDAY. WHERE EMPLOYEE TRAVELS FROM HIS RESIDENCE TO FIELD OFFICE TO PICK UP GOVERNMENT VEHICLE FOR TRAVEL TO TEMPORARY DUTY POINTS, RESULTING IN TRAVEL PERFORMED OUTSIDE OF REGULARLY SCHEDULED TOUR OF DUTY (0800 TO 1630 HOURS) SUCH TRAVEL MAY NOT BE COUNTED TOWARD OVERTIME PAY BECAUSE IT IS NOT AN INHERENT PART OF THE WORK, THE TRAVEL TO THE FIELD OFFICE NOT BEING FOR SUCH USUALLY RECOGNIZED REASONS AS PICKING UP TOOLS AND SUPPLIES.

TO MR. RODNEY S. RICCIARELLI:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 4, 1970, REQUESTING RECONSIDERATION OF THE DISALLOWANCE OF YOUR CLAIM FOR OVERTIME FOR TRAVEL PERFORMED OUTSIDE OF YOUR REGULARLY SCHEDULED WORKDAY AND PARTIAL PER DIEM FOR DAYS WHEN YOU WERE AWAY FROM YOUR ABODE FOR MORE THAN 10 HOURS DURING THE PERIOD JULY TO NOVEMBER 1968.

THE RECORD INDICATES THAT YOU ARE EMPLOYED BY THE FEDERAL AVIATION ADMINISTRATION AS AN INSTALLATION TECHNICIAN. YOUR POSITION REQUIRES THAT YOU TRAVEL APPROXIMATELY 80 PERCENT OF THE TIME TO INSTALL, MODIFY, REPAIR AND PLACE INTO OPERATION VARIOUS ELECTRONIC UNITS. YOUR OFFICIAL DUTY STATION IS DESIGNATED AS BURLINGAME, CALIFORNIA, AND YOUR RESIDENCE IS IN SAN FRANCISCO, CALIFORNIA, 12 MILES FROM YOUR OFFICIAL DUTY STATION. YOU DO NOT NORMALLY COMMUTE DAILY TO YOUR OFFICIAL DUTY STATION FOR PERFORMANCE OF WORK AND ARE NOT REQUIRED TO REPORT AT YOUR HEADQUARTERS EN ROUTE TO A TEMPORARY DUTY POINT UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE PROJECT ENGINEER.

YOUR CLAIM COVERS (1) ROUND TRIP MILEAGE FROM YOUR RESIDENCE TO THE SAN MATEO WAREHOUSE OR YOUR OFFICIAL DUTY STATION TO PICK UP A GOVERNMENT VEHICLE FOR TRAVEL TO TEMPORARY DUTY POINTS; (2) PER DIEM FOR THOSE DAYS WHEN MORE THAN 10 HOURS ELAPSED FROM THE TIME OF DEPARTURE FROM YOUR RESIDENCE TO THE TIME OF YOUR RETURN THERETO; AND (3) OVERTIME PAY FOR TRAVEL PERFORMED OUTSIDE YOUR REGULARLY SCHEDULED TOUR OF DUTY (0800 HOURS TO 1630 HOURS). YOUR ENTIRE CLAIM WAS DISALLOWED BY SETTLEMENT OF OUR CLAIMS DIVISION DATED FEBRUARY 12, 1970, AND YOU REQUEST RECONSIDERATION OF THOSE PARTS COVERING OVERTIME AND PER DIEM.

WITH CERTAIN EXCEPTIONS AN EMPLOYEE IS NOT ORDINARILY ENTITLED TO OVERTIME PAY FOR TIME SPENT IN A TRAVEL STATUS OUTSIDE HIS REGULAR TOUR OF DUTY. AN EXCEPTION TO THE GENERAL RULE IS WHERE THE TRAVEL IS AN INHERENT PART OF THE WORK. IN THIS CONNECTION PARAGRAPH 5C OF FAA HANDBOOK PT P 3550.11 PROVIDES AS FOLLOWS:

"C. TRAVEL AS INCIDENTAL DUTY. THE ABOVE REGULATIONS DO NOT APPLY TO WORK SITUATIONS INVOLVING TRAVEL WHICH IS AN INHERENT PART OF, AND INSEPARABLE FROM, THE WORK ITSELF. IN THESE CASES THE TRAVEL REPRESENTS AN ADDITIONAL INCIDENTAL DUTY DIRECTLY CONNECTED WITH THE PERFORMANCE OF A GIVEN JOB AND IS CONSIDERED TO BE AN ASSIGNED DUTY. TIME SPENT IN SUCH INHERENT TRAVEL IS PAYABLE AT REGULAR OR OVERTIME RATES, AS APPROPRIATE. TIME SPENT IN NORMAL COMMUTING TRAVEL FROM HOME OR LODGING TO WORK, HOWEVER, IS NOT CONSIDERED AS WORK TIME. AN EXAMPLE OF A WORK SITUATION IN WHICH TRAVEL IS AN INCIDENTAL PART OF OFFICIALLY ASSIGNED DUTIES IS:

"ELECTRONIC MAINTENANCE TECHNICIANS NORMALLY REPORT TO THE SECTOR OFFICE EACH DAY TO CHECK IN, RECEIVE ASSIGNMENTS, PICK UP VEHICLES, TOOLS, SUPPLIES AND THE LIKE, AND THEN TRAVEL TO ONE OR MORE FACILITIES FOR MAINTENANCE WORK. SIMILARLY, AT THE END OF THE WORKDAY THEY RETURN TO THE SECTOR OFFICE TO CHECK OUT. IN THIS WORK SITUATION, EMPLOYEES ARE REQUIRED TO OPERATE VARIOUS TYPES OF VEHICLES AS A NORMAL PART OF OFFICIALLY ASSIGNED DUTIES. THUS TIME SPENT IN TRAVELING FROM THE SECTOR OFFICE TO THE FACILITY OR BETWEEN FACILITIES IS COUNTED AS WORK TIME FOR PAY PURPOSES (SEE APPENDIX 2 FOR ADDITIONAL GUIDANCE.)"

THE REGULATION IS IN ACCORD WITH OUR DECISIONS B-146389, FEBRUARY 1, 1966, AND B-143074, SEPTEMBER 29, 1960. DECISION B-146389 APPLIED, IN PART, TO AN EMPLOYEE WHO WAS REQUIRED TO REPORT TO A SECTOR OFFICE TO CHECK IN, RECEIVE ASSIGNMENTS, PICK UP VEHICLES, TOOLS, SUPPLIES AND THE LIKE, AND THEN TRAVEL TO ONE OR MORE WORK SITES, PERFORM WORK, AND THEN RETURN TO THE SECTOR OFFICE TO CHECK OUT. DECISION B-143074 APPLIED TO EMPLOYEES WHO WERE REQUIRED TO PROCEED TO AND FROM AN ASSEMBLY POINT TO A WORK SITE AS MEMBERS OF A WORK PARTY UNDER A REGULATION THAT PROVIDED THAT THE TRAVEL TIME TO AND FROM THE WORK SITE WAS COMPENSABLE TIME. IN EACH CASE WE HELD THAT THE TRAVEL WAS AN INHERENT PART OF THE WORK ITSELF. THE INSTANT CASE WE HAVE BEEN ADVISED BY YOUR AGENCY THAT YOU DID NOT REPORT TO YOUR ESTABLISHMENT FIELD OFFICE OR PICK UP TOOLS AND SUPPLIES AND THAT YOUR SOLE PURPOSE FOR TRAVELING TO SUCH OFFICE WAS TO PICK UP OR RETURN A STANDARD GOVERNMENT PASSENGER VEHICLE USED FOR TRANSPORTATION TO YOUR TEMPORARY DUTY POINTS. IN VIEW THEREOF THE TRAVEL TO AND FROM YOUR RESIDENCE TO YOUR DUTY POINTS MAY NOT BE CONSIDERED WORK TIME FOR OVERTIME PURPOSES WITHIN THE SCOPE OF THE DECISIONS CITED.

PARAGRAPH 604 OF THE WESTERN REGION'S TRAVEL HANDBOOK, WE P 1500.2, PROVIDES IN PERTINENT PART AS FOLLOWS:

"PARTIAL PER DIEM MAY BE ALLOWED FOR COMMUTING TRAVEL TIME ONLY WHEN DUTY IS PERFORMED AT A TEMPORARY DUTY STATION LOCATED BETWEEN THE 30 AND THE 50 -MILE DISTANCES FROM HIS OFFICIAL STATION OR HIS RESIDENCE, WHICHEVER IS CLOSER, PROVIDED:

"A. COMMUTING TRAVEL IS PERFORMED WHICH CAUSES THE EMPLOYEE TO BE AWAY FROM HIS OFFICIAL STATION OR HIS RESIDENCE MORE THAN A TOTAL OF 10 HOURS IN ONE CALENDAR DAY *** " YOUR TRAVEL VOUCHERS INDICATE THAT YOUR TEMPORARY DUTY POINTS WERE WITHIN A 30-MILE DISTANCE FROM YOUR OFFICIAL STATION OR RESIDENCE. THEREFORE, THERE IS NO ENTITLEMENT TO PARTIAL PER DIEM.

PARAGRAPH 506A(3) OF HANDBOOK WE P 1500.2 WAS CITED BY YOU IN SUPPORT OF YOUR CLAIM. THIS PROVISION STATES THAT AN EMPLOYEE IS ENTITLED TO EMPLOYEE COMPENSATION FOR INJURIES SUSTAINED WHILE TRAVELING FROM HEADQUARTERS OR RESIDENCE TO A TEMPORARY DUTY STATION. THIS PROVISION IS IMMATERIAL SINCE IT PROVIDES NO AUTHORITY FOR THE PAYMENT OF COMPENSATION FOR SERVICES OR PER DIEM.

YOU REFER TO A STATEMENT OF POLICY BY YOUR BRANCH CHIEF ON MARCH 9, 1970, IN SUPPORT OF YOUR CLAIM. SUCH STATEMENT WOULD BE IRRELEVANT SINCE PAYMENT OF OVERTIME AND PER DIEM MAY ONLY BE MADE IN ACCORDANCE WITH GOVERNING REGULATIONS INCLUDING THOSE CITED ABOVE.

IN VIEW OF THE ABOVE THE DISALLOWANCE OF YOUR CLAIM MUST BE AND IS SUSTAINED.