B-175853, AUG 21, 1972

B-175853: Aug 21, 1972

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TO THE CLAIMS DIVISION STATES YOU WERE ASSIGNED TO THE METRO TRUCK FACILITY AT NORTH BERGEN ON SEPTEMBER 30. YOUR CLAIM IS FOR A MILEAGE ALLOWANCE AT THE RATE OF 10 CENTS PER MILE FOR A DAILY 38 MILE ROUND TRIP AND TOLLS OR FARES OF $1 PER DAY FOR EACH DAY SUBSEQUENT TO YOUR ASSIGNMENT TO NORTH BERGEN ON WHICH YOU HAVE TRAVELED TO WORK. DECISIONS OF OUR OFFICE HAVE CONSISTENTLY HELD THAT NO AUTHORITY EXISTS FOR REIMBURSEMENT OF AN EMPLOYEE FOR THE EXPENSE INCURRED IN TRAVELING FROM HIS RESIDENCE TO HIS PLACE OF OFFICIAL BUSINESS. AS STATED IN THE CLAIMS DIVISION SETTLEMENT THIS IS AN EXPENSE WHICH MUST BE BORNE BY THE EMPLOYEE. WE HAVE HELD THAT AN EMPLOYEE'S PERMANENT POST OF DUTY SHOULD BE DESIGNATED AS THE LOCATION WHERE HE PERFORMS THE GREATER PORTION OF HIS DUTIES.

B-175853, AUG 21, 1972

CIVILIAN EMPLOYEE - TRAVEL EXPENSES - RESIDENCE TO STATION DENIAL OF CLAIM BY IRVING DOMOWITZ FOR REIMBURSEMENT OF TRAVEL EXPENSES BETWEEN HIS RESIDENCE AT ELMHURST, N.Y., AND HIS OFFICIAL DUTY STATION AT NORTH BERGEN, N.J. NO AUTHORITY EXISTS FOR REIMBURSEMENT OF AN EMPLOYEE FOR THE EXPENSE INCURRED IN TRAVELING FROM HIS RESIDENCE TO HIS PLACE OF OFFICIAL BUSINESS. SEE 11 COMP. GEN. 417 (1932).

TO MR. IRVING DOMOWITZ:

THIS REFERS TO THE APPEAL SUBMITTED ON YOUR BEHALF BY MR. DAVID S. KAPLAN FROM OUR CLAIMS DIVISION SETTLEMENT DATED MARCH 17, 1972, DENYING YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSES BETWEEN YOUR RESIDENCE AT ELMHURST, NEW YORK, AND YOUR OFFICIAL DUTY STATION AT NORTH BERGEN, NEW JERSEY.

YOUR LETTER OF DECEMBER 22, 1970, TO THE CLAIMS DIVISION STATES YOU WERE ASSIGNED TO THE METRO TRUCK FACILITY AT NORTH BERGEN ON SEPTEMBER 30, 1968. YOUR CLAIM IS FOR A MILEAGE ALLOWANCE AT THE RATE OF 10 CENTS PER MILE FOR A DAILY 38 MILE ROUND TRIP AND TOLLS OR FARES OF $1 PER DAY FOR EACH DAY SUBSEQUENT TO YOUR ASSIGNMENT TO NORTH BERGEN ON WHICH YOU HAVE TRAVELED TO WORK.

DECISIONS OF OUR OFFICE HAVE CONSISTENTLY HELD THAT NO AUTHORITY EXISTS FOR REIMBURSEMENT OF AN EMPLOYEE FOR THE EXPENSE INCURRED IN TRAVELING FROM HIS RESIDENCE TO HIS PLACE OF OFFICIAL BUSINESS. AS STATED IN THE CLAIMS DIVISION SETTLEMENT THIS IS AN EXPENSE WHICH MUST BE BORNE BY THE EMPLOYEE. IN ADDITION TO THE DECISION CITED IN THE SETTLEMENT SEE 11 COMP. GEN. 417 (1932); 15 COMP. GEN. 342 (1935); 36 COMP. GEN. 450 (1956); B-165203, SEPTEMBER 30, 1968 (COPY ENCLOSED) AND B-171991, APRIL 14, 1971 (COPY ENCLOSED).

CAREFUL CONSIDERATION HAS BEEN GIVEN TO THE CONTENTION STATED IN MR. KAPLAN'S LETTER TO THE EFFECT THAT YOUR CLAIM SHOULD BE ALLOWED BECAUSE THE POST OFFICE DEPARTMENT EXCEEDED ITS AUTHORITY IN ESTABLISHING THE METRO TRUCK FACILITY AT NORTH BERGEN AND ASSIGNING YOU TO WORK THERE. FIND NO VALIDITY IN THIS POSITION FOR THE SAME REASONS STATED IN THE LETTER OF SEPTEMBER 23, 1970, TO MR. KAPLAN FROM THE DIRECTOR, LABOR ORGANIZATION RELATIONS DIVISION OF THE POST OFFICE DEPARTMENT. MOREOVER, WE HAVE HELD THAT AN EMPLOYEE'S PERMANENT POST OF DUTY SHOULD BE DESIGNATED AS THE LOCATION WHERE HE PERFORMS THE GREATER PORTION OF HIS DUTIES. THUS, WHETHER NORTH BERGEN IS OR IS NOT REGARDED AS A SUBSTATION OF NEW YORK CITY WOULD NOT APPEAR MATERIAL.

SINCE WE ARE UNABLE TO FIND ANY OTHER BASIS UPON WHICH TO ALLOW YOUR CLAIM WE HEREBY AFFIRM THE CLAIMS DIVISION SETTLEMENT.