B-175341, MAY 10, 1972

B-175341: May 10, 1972

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THE RECORD DISCLOSES THAT YOU WERE AUTHORIZED APPROXIMATELY 63 DAYS OF TEMPORARY DUTY IN PITTSBURGH. TRAVEL BY PRIVATELY OWNED VEHICLE WAS AUTHORIZED AS MORE ADVANTAGEOUS TO THE GOVERNMENT. THE TRAVEL ORDERS ALSO RECITED THAT PER DIEM WAS AUTHORIZED ACCORDING TO THE JOINT TRAVEL REGULATIONS AND FOR ACTUAL TRAVEL TIME REQUIRED IN GOING TO AND RETURNING FROM THE TEMPORARY DUTY SITE. THE ORDERS ALSO STATED THAT NO OVERTIME WAS AUTHORIZED. YOU REFER TO INSTRUCTIONS PREPARED BY THE FIELD OPERATIONS SECTION AT TINKER AFB WHICH DIRECTED YOU TO RETURN TO HEADQUARTERS AS SOON AS YOUR TEMPORARY DUTY WAS COMPLETED. EVEN IF THAT ENTAILED TRAVELING ON A WEEKEND OR HOLIDAY WHICH PRESUMABLY WAS NOT A PART OF YOUR NORMAL TOUR OF DUTY.

B-175341, MAY 10, 1972

CIVILIAN EMPLOYEE - NONWORKDAY TRAVEL - ENTITLEMENT TO OVERTIME COMPENSATION DECISION SUSTAINING PRIOR DENIAL OF A CLAIM OF JOHN H. BODE FOR OVERTIME COMPENSATION WHILE PERFORMING TEMPORARY DUTY TRAVEL ON NONWORKDAYS AS A WAGE BOARD EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE. THERE EXISTS NO BASIS FOR REGARDING MR. BODE'S TRAVEL AS HOURS OF WORK UNDER THE PROVISIONS OF 5 U.S.C. 5544. ACCORDINGLY, THE PRIOR DENIAL OF HIS CLAIM FOR OVERTIME COMPENSATION MUST BE SUSTAINED.

TO MR. JOHN H. BODE:

THIS REFERS TO YOUR LETTER DATED FEBRUARY 5, 1972, WHICH HAS BEEN CONSIDERED AS AN APPEAL FROM THE DENIAL OF YOUR CLAIM FOR OVERTIME COMPENSATION WHILE PERFORMING TEMPORARY DUTY TRAVEL ON NONWORKDAYS AS A WAGE BOARD EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.

THE RECORD DISCLOSES THAT YOU WERE AUTHORIZED APPROXIMATELY 63 DAYS OF TEMPORARY DUTY IN PITTSBURGH, PENNSYLVANIA, BEGINNING JANUARY 8, 1968. TRAVEL BY PRIVATELY OWNED VEHICLE WAS AUTHORIZED AS MORE ADVANTAGEOUS TO THE GOVERNMENT. THE TRAVEL ORDERS ALSO RECITED THAT PER DIEM WAS AUTHORIZED ACCORDING TO THE JOINT TRAVEL REGULATIONS AND FOR ACTUAL TRAVEL TIME REQUIRED IN GOING TO AND RETURNING FROM THE TEMPORARY DUTY SITE. THE ORDERS ALSO STATED THAT NO OVERTIME WAS AUTHORIZED. UPON COMPLETION OF THE ASSIGNMENT, YOU BEGAN YOUR RETURN TRAVEL TO TINKER AIR FORCE BASE (AFB), OKLAHOMA, YOUR PERMANENT DUTY STATION. THIS RETURN TRAVEL EXTENDED THROUGH SATURDAY AND SUNDAY, MARCH 9 AND 10, 1968, AND YOUR CLAIM FOR 17 HOURS EVIDENTLY REPRESENTS 9 HOURS BETWEEN 7:30 A.M. AND 4:30 P.M. EACH DAY WITH A DEDUCTION OF 1/2 HOUR, PRESUMABLY FOR YOUR USUAL LUNCH PERIOD.

YOU REFER TO INSTRUCTIONS PREPARED BY THE FIELD OPERATIONS SECTION AT TINKER AFB WHICH DIRECTED YOU TO RETURN TO HEADQUARTERS AS SOON AS YOUR TEMPORARY DUTY WAS COMPLETED, EVEN IF THAT ENTAILED TRAVELING ON A WEEKEND OR HOLIDAY WHICH PRESUMABLY WAS NOT A PART OF YOUR NORMAL TOUR OF DUTY. YOU THEN CONTEND THAT THIS DIRECTIVE, AND OUR CONCLUSION THAT THE TRAVEL WAS ADMINISTRATIVELY CONTROLLABLE, SHOULD NOT RESULT IN YOUR BEING "PENALIZED BY HAVING TO TRAVEL ON MY OWN TIME FOR FREE BY THEIR MISMANAGEMENT."

AS INDICATED IN THE SETTLEMENT CERTIFICATE DATED JANUARY 20, 1972, FROM OUR CLAIMS DIVISION, OVERTIME COMPENSATION FOR WAGE BOARD EMPLOYEES IS GOVERNED BY 5 U.S.C. 5544 WHICH WAS ADDED BY PUBLIC LAW 90 206, APPROVED DECEMBER 16, 1967, EFFECTIVE 30 DAYS AFTER THAT DATE. THAT STATUTE, AS CODIFIED, PROVIDES IN PERTINENT PART THAT:

"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."

THE RECORD FAILS TO ESTABLISH THAT YOU MET ANY OF THE ABOVE CONDITIONS SPECIFIED IN THE LAW IN ORDER FOR YOUR TRAVEL TIME TO BE REGARDED AS HOURS OF WORK. ACCORDINGLY, THERE IS NO BASIS FOR CONCLUDING THAT YOU WERE ENTITLED TO OVERTIME COMPENSATION FOR THE TRAVEL PERFORMED ON SATURDAY AND SUNDAY.

IN VIEW OF THE FOREGOING, WE HEREBY SUSTAIN THE DISALLOWANCE OF YOUR CLAIM.