B-46949, JANUARY 26, 1945, 24 COMP. GEN. 557

B-46949: Jan 26, 1945

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INCLUDES TIME SPENT IN TRAVELING BY TRUCK FROM PLACE TO PLACE WHERE ACTIVE LABOR IS REQUIRED. 1945: I HAVE YOUR LETTER OF JANUARY 10. ARE THE OPERATION AND MAINTENANCE OF THE ARK-LA TRANSMISSION LINE FROM MARKHAM'S FERRY SUBSTATION IN MAYES COUNTY. TRANSMISSION FIELD STATIONS ARE LOCATED AT PRYOR. AT WHICH PLACES THE TRUCKS AND EQUIPMENT OF THE TRANSMISSION LINE CREWS ARE MAINTAINED. PROCEEDING BY GOVERNMENT TRUCK TO LOCATION OR LOCATIONS ALONG THE TRANSMISSION LINES WHERE THE WORK IS TO BE PERFORMED. WHICHEVER IS LATER. THEY ARE SUBJECT TO THE 40-HOUR WEEK LAW OF MARCH 28. ARE PAID AT HOURLY RATES WHICH HAVE BEEN FIXED THROUGH WAGE BOARD PROCEDURE. SUNDAY IS NOT A REGULAR WORK DAY. WHICH MEANS THAT SUNDAY WORK IS SOMETIMES ESSENTIAL.

B-46949, JANUARY 26, 1945, 24 COMP. GEN. 557

OVERTIME COMPENSATION - FORTY-HOUR WEEK EMPLOYEES - TRAVEL TIME IN THE CASE OF TRANSMISSION-LINE CREWS COMPENSATED AT HOURLY RATES PURSUANT TO THE FORTY-HOUR WEEK STATUTE OF MARCH 28, 1934, WHOSE REGULAR DAILY TOUR OF DUTY BEGINS WHEN THEY REPORT AT THE REQUIRED TIME AT A FIELD STATION OUT OF WHICH THEY OPERATE AND CONTINUES UNTIL THEIR RETURN TO THE FIELD STATION, AND INCLUDES TIME SPENT IN TRAVELING BY TRUCK FROM PLACE TO PLACE WHERE ACTIVE LABOR IS REQUIRED, THE TRAVEL INVOLVED MAY BE REGARDED AS "LABOR" WITHIN THE MEANING OF THE STATUTE SO AS TO ENTITLE THE EMPLOYEES TO COMPENSATION AT OVERTIME RATES FOR SUCH TRAVEL ON SUNDAYS OUTSIDE OF THEIR REGULAR TOUR OF DUTY. 24 COMP. GEN. 65; ID. 456, DISTINGUISHED.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE INTERIOR, JANUARY 26, 1945:

I HAVE YOUR LETTER OF JANUARY 10, 1945, AS FOLLOWS:

INCLUDED IN THE FUNCTIONS OF THE SOUTHWESTERN POWER ADMINISTRATION OF THIS DEPARTMENT HEADQUARTERED AT TULSA, OKLAHOMA, ARE THE OPERATION AND MAINTENANCE OF THE ARK-LA TRANSMISSION LINE FROM MARKHAM'S FERRY SUBSTATION IN MAYES COUNTY, OKLAHOMA, TO THE DEFENSE PLANT CORPORATION AT LAKE CATHERINE, ARKANSAS, AND THE TRANSMISSION LINE SYSTEM OF THE GRAND RIVER DAY PROJECT. TRANSMISSION FIELD STATIONS ARE LOCATED AT PRYOR, OKLAHOMA, AND AT VAN BUREN AND DANVILLE, ARKANSAS, AT WHICH PLACES THE TRUCKS AND EQUIPMENT OF THE TRANSMISSION LINE CREWS ARE MAINTAINED. THE CREWS WORK OUT OF THESE POINTS, PROCEEDING BY GOVERNMENT TRUCK TO LOCATION OR LOCATIONS ALONG THE TRANSMISSION LINES WHERE THE WORK IS TO BE PERFORMED. THEIR TOURS OF DUTY BEGIN WHEN THEY ARRIVE AT THE FIELD STATION AT 8:00 A.M., THE REGULARLY DESIGNATED HOUR, AND END WHEN THEY RETURN TO THE FIELD STATION, OR AT 5:00 P.M; WHICHEVER IS LATER. THEY ARE SUBJECT TO THE 40-HOUR WEEK LAW OF MARCH 28, 1934, AND ARE PAID AT HOURLY RATES WHICH HAVE BEEN FIXED THROUGH WAGE BOARD PROCEDURE.

SUNDAY IS NOT A REGULAR WORK DAY, BUT THE NATURE OF THE WORK INCLUDES EMERGENCY REPAIRS ON HIGH-VOLTAGE LINES, WHICH MEANS THAT SUNDAY WORK IS SOMETIMES ESSENTIAL. FOR SUNDAY WORK THE PRACTICE OF THE SOUTHWESTERN POWER ADMINISTRATION HAS BEEN TO PAY TIME AND A HALF, FIXING THE COMMENCEMENT OF THE TOUR OF DUTY AS THE TIME OF REPORTING AT THE FIELD STATION.

IN VIEW OF YOUR DECISION OF AUGUST 3 TO THE SECRETARY OF WAR, 24 C.G. 65, IN WHICH IT WAS RULED THAT TRAVEL TIME ON SUNDAYS TO A TEMPORARY DUTY STATION WAS PAYABLE ONLY AS STRAIGHT TIME, IT IS REQUESTED THAT YOU ADVISE WHETHER THE TRANSMISSION-LINE CREW MEMBERS ARE ENTITLED TO OVERTIME COMPENSATION WITH RESPECT TO THEIR TOUR OF DUTY ON SUNDAY, WHICH, LIKE THEIR WORK ON ANY OTHER DAY, INCLUDES SOME TIME SPENT IN BEING TRANSPORTED BY TRUCK.

THE RULE STATED IN THE DECISION OF AUGUST 3, 1944, 24 COMP. GEN. 65, TO WHICH YOU REFER, IS AS FOLLOWS (QUOTING FROM THE SYLLABUS):

PER HOUR EMPLOYEES SUBJECT TO THE FORTY-HOUR WEEK STATUTE OF MARCH 28, 1934, WHO, UNDER THE PRESENT WORK SCHEDULE, ARE REQUIRED TO WORK REGULARLY SIX EIGHT-HOUR DAYS PER WEEK ( MONDAY THROUGH SATURDAY), INSTEAD OF THE FIVE DAYS ( MONDAY THROUGH FRIDAY) REQUIRED UNDER NORMAL CONDITIONS, OVERTIME RATES OF COMPENSATION BEING PAID FOR SATURDAY, ARE ENTITLED TO COMPENSATION FOR NOT TO EXCEED EIGHT HOURS AT OVERTIME RATES FOR A SATURDAY ON WHICH THEY ARE REQUIRED TO PERFORM OFFICIAL TRAVEL, WHETHER BY COMMON CARRIER OR BY PRIVATELY OWNED CONVEYANCE; HOWEVER, FOR TRAVEL TIME ON A SUNDAY, BASIC RATES OF COMPENSATION, EXCLUSIVE OF OVERTIME, FOR NOT TO EXCEED EIGHT HOURS ARE PAYABLE. 14 COMP. GEN. 907 AMPLIFIED.

SEE, ALSO, DECISION OF DECEMBER 16, 1944 (B-46170), 24 COMP. GEN. 456, WHEREIN IT WAS HELD (QUOTING FROM THE SYLLABUS):

MERE TRAVEL, NOT INVOLVING THE PERFORMANCE OF ANY ACTUAL DUTY, DURING HOURS OUTSIDE OF THE ADMINISTRATIVELY ESTABLISHED 48-HOUR WORKWEEK OF AN EMPLOYEE REQUIRED TO COMMUTE DAILY BETWEEN HIS HEADQUARTERS AND A TEMPORARY STATION MAY NOT BE REGARDED AS "WORK IN EXCESS OF 48 HOURS IN ANY ADMINISTRATIVE WORKWEEK" WITHIN THE MEANING OF SECTION 2 OF THE WAR OVERTIME PAY ACT OF 1943, SO AS TO ENTITLE THE EMPLOYEE TO OVERTIME COMPENSATION OR TO COMPENSATORY TIME OFF FROM DUTY IN LIEU THEREOF FOR THE TRAVEL TIME INVOLVED.

HOWEVER, THE SITUATIONS CONSIDERED IN THOSE DECISIONS DID NOT INVOLVE SUNDAY TRAVEL BY CREWS OF MECHANICS AND LABORERS OPERATING ON SUNDAY IN TRUCKS OUT OF A FIELD STATION TO POINTS WHERE REPAIRS OR INSTALLATIONS ARE REQUIRED AND RETURN AND RETURN TO THE FIELD STATION, BUT SUNDAY TRAVEL EITHER UPON PERMANENT CHANGE OF STATION OR TRAVEL BETWEEN PERMANENT DUTY STATION AND A TEMPORARY DUTY STATION. HENCE, THE SITUATION DESCRIBED IN YOUR LETTER IS NOT THE SAME AS WAS CONSIDERED IN EITHER OF THE CITED DECISIONS; HENCE, THE RULE DENYING OVERTIME RATES OF COMPENSATION FOR TRAVEL TIME ON SUNDAY IN EXCESS OF 48 HOURS PER WEEK THERE STATED HAS NO APPLICATION HERE.

IT IS UNDERSTOOD TO BE THE COMMON PRACTICE TO BEGIN THE DAILY TOUR OF DUTY OF CREWS OF MECHANICS AND LABORERS WORKING OUT OF A FIELD STATION FROM THE REGULAR TIME OF THE DAY THE EMPLOYEES ARE REQUIRED TO REPORT AT THE FIELD STATION, RATHER THAN FROM THE TIME OF ARRIVAL AT THE FIRST PLACE WHERE ACTIVE LABOR IS REQUIRED AND TO INCLUDE WITHIN THE REGULAR TOUR OF DUTY THE TRAVEL PERFORMED FROM PLACE TO PLACE IN THE TRUCKS USED BY THE CREWS DURING THE DAY PRIOR TO ARRIVAL BACK AT THE FIELD STATION. IN SUCH CASES THE TIME SPENT BY THE CREWS IN TRAVELING IN THE TRUCKS DURING THE DAY FROM PLACE TO PLACE MAY BE REGARDED AS "LABOR" EITHER ON SUNDAYS OR ON WEEKDAYS WITHIN THE MEANING OF SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, AND OVERTIME RATES ARE PAYABLE FOR SUCH ,LABOR" ON SUNDAYS OUTSIDE OF THE REGULAR TOUR OF DUTY OF 40 OR 48 HOURS.