B-38892, DECEMBER 18, 1943, 23 COMP. GEN. 447

B-38892: Dec 18, 1943

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IF SUCH AN EMPLOYEE WHOSE SERVICES ARE NEEDED FOR A SHORT PERIOD IN HIS FORMER POSITION WILL AGREE TO SERVE AS A PRIVATE PARTY WITHOUT COMPENSATION. WHETHER AN ADMINISTRATIVE OFFICE REQUIRING THE TEMPORARY SERVICES OF A FORMER EMPLOYEE CARRIED IN A LEAVE-WITHOUT-PAY STATUS IN HIS FEDERAL POSITION WHILE SERVING IN PRIVATE INDUSTRY IN ACCORDANCE WITH WAR SERVICE REGULATIONS IS AUTHORIZED OR REQUIRED TO RESTORE THE EMPLOYEE TO OFFICIAL DUTY DURING THE PERIOD OF HIS TEMPORARY SERVICES IS AN ADMINISTRATIVE MATTER. 1943: I HAVE YOUR LETTER OF DECEMBER 13. AN EMPLOYEE OF THE CIVIL SERVICE COMMISSION WAS TRANSFERRED TO PRIVATE INDUSTRY. THE EMPLOYEE FORMERLY WAS STATIONED IN WASHINGTON. CONDITIONS HAVE ARISEN WHICH MAKE IT ADMINISTRATIVELY DESIRABLE THAT THIS EMPLOYEE BE REQUESTED TO RETURN TO HIS OFFICIAL DUTY STATION IN THE CENTRAL OFFICE OF THE CIVIL SERVICE COMMISSION IN WASHINGTON.

B-38892, DECEMBER 18, 1943, 23 COMP. GEN. 447

TRAVELING EXPENSES - TEMPORARY OFFICIAL DUTY BY EMPLOYEES TRANSFERRED TO PRIVATE INDUSTRY UNDER WAR SERVICE REGULATIONS ALTHOUGH THE WAR SERVICE REGULATIONS WITH RESPECT TO FEDERAL EMPLOYEES CARRIED IN A LEAVE-WITHOUT-PAY STATUS WHILE SERVING IN PRIVATE INDUSTRY CONFER NO RIGHT IN THE EMPLOYEE TO BE RETURNED TO HIS FORMER OFFICIAL STATION FOR A PERIOD OF OFFICIAL DUTY, NEVERTHELESS, IF SUCH AN EMPLOYEE WHOSE SERVICES ARE NEEDED FOR A SHORT PERIOD IN HIS FORMER POSITION WILL AGREE TO SERVE AS A PRIVATE PARTY WITHOUT COMPENSATION, HE MAY BE REIMBURSED HIS EXPENSES OF TRAVEL TO AND FROM HIS FORMER OFFICIAL STATION, EITHER ON AN ACTUAL EXPENSE BASIS OR IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AS MAY BE AGREED UPON IN ADVANCE. WHETHER AN ADMINISTRATIVE OFFICE REQUIRING THE TEMPORARY SERVICES OF A FORMER EMPLOYEE CARRIED IN A LEAVE-WITHOUT-PAY STATUS IN HIS FEDERAL POSITION WHILE SERVING IN PRIVATE INDUSTRY IN ACCORDANCE WITH WAR SERVICE REGULATIONS IS AUTHORIZED OR REQUIRED TO RESTORE THE EMPLOYEE TO OFFICIAL DUTY DURING THE PERIOD OF HIS TEMPORARY SERVICES IS AN ADMINISTRATIVE MATTER, AND NOT FOR CONSIDERATION BY THIS OFFICE, BUT SHOULD BE RESTORED TO HIS FORMER POSITION AND PAID SALARY, HE MUST BEAR THE COST OF RETURNING TO DUTY AT HIS FORMER OFFICIAL STATION.

COMPTROLLER GENERAL WARREN TO THE PRESIDENT, UNITED STATES CIVIL SERVICE COMMISSION, DECEMBER 18, 1943:

I HAVE YOUR LETTER OF DECEMBER 13, 1943, AS FOLLOWS:

PURSUANT TO THE PROVISIONS OF SECTION 4 OF WAR SERVICE REGULATION NO. IX, PROMULGATED UNDER AUTHORITY CONTAINED IN EXECUTIVE ORDER 9063, AND WAR MANPOWER COMMISSION DIRECTIVE X, AN EMPLOYEE OF THE CIVIL SERVICE COMMISSION WAS TRANSFERRED TO PRIVATE INDUSTRY. UNDER THE TERMS OF THE REGULATION MENTIONED, THE CONDITIONS OF THE TRANSFER PROVIDED REEMPLOYMENT RIGHTS FOR THE EMPLOYEE, AND HE HAS SINCE BEEN CARRIED ON THE ROLLS OF THE COMMISSION IN A LEAVE-WITHOUT-PAY STATUS. THE EMPLOYEE FORMERLY WAS STATIONED IN WASHINGTON, D. C; HOWEVER, HIS TRAVEL TO CALIFORNIA TO ACCEPT HIS NEW POSITION DID NOT INVOLVE EXPENSE TO THE GOVERNMENT.

CONDITIONS HAVE ARISEN WHICH MAKE IT ADMINISTRATIVELY DESIRABLE THAT THIS EMPLOYEE BE REQUESTED TO RETURN TO HIS OFFICIAL DUTY STATION IN THE CENTRAL OFFICE OF THE CIVIL SERVICE COMMISSION IN WASHINGTON, D.C., FOR A SHORT PERIOD OF TIME. HIS PRESENCE WOULD BE OF MATERIAL ASSISTANCE IN CARRYING ON WORK WITH WHICH HE IS FAMILIAR. HOWEVER, THE QUESTION ARISES AS TO WHETHER THE COMMISSION IS AUTHORIZED TO PAY THE COST OF HIS TRANSPORTATION FROM CALIFORNIA TO WASHINGTON, C., AND RETURN, AND THE USUAL SUBSISTENCE EXPENSES EN ROUTE TO AND FROM WASHINGTON. THE TRAVEL IS TO BE PERFORMED SOLELY FOR THE BENEFIT OF THE GOVERNMENT, AND AT ITS REQUEST.

THIS DOES NOT APPEAR TO BE A QUESTION OF PAYING THE COST OF THE EMPLOYEE'S RETURN TO DUTY FROM A PERIOD OF LEAVE, AS IT IS CONTEMPLATED THAT HIS RETURN TO DUTY WILL BE FOR A SHORT PERIOD OF TIME AFTER WHICH HE WILL RETURN TO HIS POSITION IN PRIVATE INDUSTRY. THE COMMISSION CAN FIND NO PRECEDENT COVERING THE QUESTIONS HERE INVOLVED. ACCORDINGLY, IT WOULD BE VERY MUCH APPRECIATED IF YOU WOULD ADVISE THE COMMISSION WITH REFERENCE TO THE FOLLOWING QUESTIONS:

1. UNDER THE CONDITIONS RECITED ABOVE IS THE CIVIL SERVICE COMMISSION AUTHORIZED TO DEFRAY, FROM APPROPRIATED FUNDS, THE COST OF THE EMPLOYEE'S TRAVEL EXPENSES TO AND FROM WASHINGTON, INCLUDING THE USUAL ALLOWANCES PROVIDED FOR IN THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS?

2. IS THE COMMISSION AUTHORIZED, OR REQUIRED TO RESTORE THE EMPLOYEE TO ACTIVE DUTY AND PAY FROM THE TIME HE LEAVES HIS PRESENT RESIDENCE FOR TRAVEL TO WASHINGTON UNTIL THE TIME HE RETURNS THERETO AFTER COMPLETING HIS ASSIGNMENTS?

AS IT IS PLANNED TO REQUEST THE EMPLOYEE TO VISIT WASHINGTON ON JANUARY 19, 1944, YOUR EARLY DECISION WILL BE APPRECIATED.

I HAVE EXAMINED CAREFULLY THE WAR MANPOWER COMMISSION DIRECTIVE X AND THE WAR SERVICE REGULATION NO. IX, BUT I FIND NOTHING THEREIN HAVING ANY BEARING UPON THE MATTER PRESENTED. WHILE SAID DOCUMENTS AUTHORIZE CERTAIN REEMPLOYMENT BENEFITS TO AN EMPLOYEE WHO ENTERS PRIVATE INDUSTRY, THEY DO NOT PROVIDE ANY RIGHT IN THE EMPLOYEE TO BE RETURNED TO HIS OFFICIAL STATION FOR OFFICIAL DUTY EITHER FOR A SHORT OR LONG PERIOD WHILE HE IS WORKING FOR A PRIVATE EMPLOYER DURING WHICH PERIOD HE IS REQUIRED BY THE REGULATIONS TO BE CARRIED IN A LEAVE WITHOUT PAY STATUS IN HIS FEDERAL POSITION. EVEN UNDER THE REEMPLOYMENT BENEFITS PROVIDED FOR BY THE REGULATIONS, IF AND WHEN SUCH EMPLOYEE RETURNS TO OFFICIAL DUTY IN HIS OLD POSITION AND AT HIS FORMER OFFICIAL STATION FROM FURLOUGH OR LEAVE WITHOUT PAY HE IS NOT RELIEVED FROM BEARING THE EXPENSE OF REPORTING FOR DUTY. HAS BEEN HELD THAT RETURN FROM A FURLOUGH OR LEAVE WITHOUT PAY STATUS IS TANTAMOUNT TO REPORTING TO THE EMPLOYEE'S FIRST DUTY STATION AND THAT THE COST OF SUCH RETURN MUST BE BORNE BY THE EMPLOYEE. 14 COMP. GEN. 871; 17 ID. 183; 21 ID. 398; DECISION OF SEPTEMBER 4, 1936, A-79195. COMPARE DECISION OF OCTOBER 2, 1940, B-12385; 22 COMP. GEN. 825; 16 COMP. GEN. 481; 20 ID. 322; AND DECISION OF JULY 14, 1937, A-86481.

HOWEVER, THERE WOULD APPEAR TO BE NO LEGAL OBJECTION TO REGARDING THE FORMER EMPLOYEE HERE INVOLVED AS A PRIVATE PARTY DURING THE PERIOD HE IS EMPLOYED IN PRIVATE INDUSTRY FOR THE PURPOSE FOR WHICH HIS SERVICES ARE SOUGHT BY THE COMMISSION. AND, ON THAT BASIS, IF THE CIVIL SERVICE COMMISSION ACTUALLY HAS NEED OF HIS SERVICES IN SUCH A CAPACITY IN ORDER TO PERFORM THE DUTIES IMPOSED BY LAW UPON THE COMMISSION AND FOR WHICH ITS APPROPRIATIONS FOR TRAVELING EXPENSES ARE AVAILABLE, AND HE IS WILLING TO SERVE THE COMMISSION FOR A SHORT PERIOD IN THAT CAPACITY WITHOUT COMPENSATION, HE MAY BE REIMBURSED FOR HIS TRANSPORTATION AND TRAVELING EXPENSE FROM THE PLACE WHERE HE IS WORKING TO WASHINGTON, D.C., HIS FORMER OFFICIAL STATION, AND RETURN, UNDER AN AGREEMENT ENTERED INTO IN ADVANCE SO PROVIDING FOR REIMBURSEMENT OF SUCH EXPENSES. SEE 3 COMP. GEN. 590; 8 ID. 465; 21 ID. 29, 409, 610.

ACCORDINGLY, REFERRING TO QUESTION 1, THE FORMER EMPLOYEE MAY BE REIMBURSED HIS TRANSPORTATION AND SUBSISTENCE EXPENSES UNDER THE CONDITIONS ABOVE SET FORTH, EITHER ON AN ACTUAL EXPENSE BASIS OR IN ACCORDANCE WITH STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AS MAY BE AGREED UPON IN ADVANCE.

REFERRING TO QUESTION 2, WHETHER THE CIVIL SERVICE COMMISSION IS AUTHORIZED OR REQUIRED TO RESTORE THE EMPLOYEE TO OFFICIAL DUTY IS, OF COURSE, AN ADMINISTRATIVE MATTER NOT FOR THE CONSIDERATION OF THIS OFFICE. HOWEVER, SHOULD HE BE RESTORED TO HIS FORMER POSITION AND PAID SALARY BY THE COMMISSION HE MUST BEAR THE COST OF RETURNING TO DUTY AT HIS FORMER OFFICIAL STATION, WASHINGTON, D.C. ..END :