B-87354, SEPTEMBER 1, 1949, 29 COMP. GEN. 103

B-87354: Sep 1, 1949

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SUBSEQUENT TO THE DATE SUCH SERVICE WAS TRANSFERRED TO THE FEDERAL MEDIATION AND CONCILIATION SERVICE AND AFTER HE HAD ACCEPTED AN APPOINTMENT IN AN ENTIRELY DIFFERENT AGENCY IS ENTITLED TO BE REIMBURSED FOR THE COST OF SUCH SHIPMENT FROM FUNDS CURRENTLY MADE AVAILABLE TO THE FEDERAL MEDIATION AND CONCILIATION SERVICE AT THE TIME THE SHIPMENT WAS MADE. 1949: REFERENCE IS MADE TO YOUR LETTER OF JUNE 20. THE PERTINENT FACTS ARE SET FORTH IN YOUR LETTER AS FOLLOWS: ON JULY 1. CONCILIATION SERVICE WAS TRANSFERRED FROM LITCHFIELD. TRAVEL AUTHORIZATION NO. 48-99 WAS ISSUED AUTHORIZING THE MOVEMENT OF HOUSEHOLD EFFECTS AND TRANSPORTATION OF IMMEDIATE FAMILY IN ACCORDANCE WITH EXISTING LAWS AND REGULATIONS.

B-87354, SEPTEMBER 1, 1949, 29 COMP. GEN. 103

TRANSPORTATION - HOUSEHOLD EFFECTS - APPROPRIATION CHARGEABLE AN EMPLOYEE WHO SHIPPED HIS HOUSEHOLD EFFECTS INCIDENT TO A PERMANENT CHANGE OF STATION ORDERED BY THE LABOR DEPARTMENT, CONCILIATION SERVICE, SUBSEQUENT TO THE DATE SUCH SERVICE WAS TRANSFERRED TO THE FEDERAL MEDIATION AND CONCILIATION SERVICE AND AFTER HE HAD ACCEPTED AN APPOINTMENT IN AN ENTIRELY DIFFERENT AGENCY IS ENTITLED TO BE REIMBURSED FOR THE COST OF SUCH SHIPMENT FROM FUNDS CURRENTLY MADE AVAILABLE TO THE FEDERAL MEDIATION AND CONCILIATION SERVICE AT THE TIME THE SHIPMENT WAS MADE.

COMPTROLLER GENERAL WARREN TO GENEVIEVE A. MULLEN, FEDERAL MEDIATION AND CONCILIATION SERVICE, SEPTEMBER 1, 1949:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 20, 1949, TRANSMITTING A VOUCHER IN FAVOR OF CARL R. SCHEDLER FOR AN AMOUNT REPRESENTING THE COST OF TRANSPORTING HIS HOUSEHOLD EFFECTS FROM LITCHFIELD, CONNECTICUT, TO WASHINGTON, D.C., INCURRED INCIDENT TO THE TRANSFER OF HIS OFFICIAL HEADQUARTERS WHILE EMPLOYED BY THE UNITED STATES DEPARTMENT OF LABOR, CONCILIATION SERVICE. THE PERTINENT FACTS ARE SET FORTH IN YOUR LETTER AS FOLLOWS:

ON JULY 1, 1947, MR. SCHEDLER THEN AN EMPLOYEE OF THE U.S. DEPARTMENT OF LABOR, CONCILIATION SERVICE WAS TRANSFERRED FROM LITCHFIELD, CONNECTICUT TO WASHINGTON, D.C. TRAVEL AUTHORIZATION NO. 48-99 WAS ISSUED AUTHORIZING THE MOVEMENT OF HOUSEHOLD EFFECTS AND TRANSPORTATION OF IMMEDIATE FAMILY IN ACCORDANCE WITH EXISTING LAWS AND REGULATIONS. A COPY OF THIS AUTHORIZATION IS ALSO ATTACHED. ON AUGUST 22, 1947, UNDER THE PROVISIONS OF THE LABOR MANAGEMENT RELATIONS ACT, 1947, ( PUBLIC LAW 101, APPROVED JUNE 23, 1947, 29 U.S.C. 171-180-182) MR. SCHEDLER WAS TRANSFERRED TO THE FEDERAL MEDIATION AND CONCILIATION SERVICE. A RESIGNATION, EFFECTIVE AT THE CLOSE OF BUSINESS OCTOBER 26, 1947, TERMINATED HIS SERVICES WITH THIS AGENCY. ON OCTOBER 27, 1947, HE WAS APPOINTED TO A POSITION OF INDUSTRIAL LABOR RELATIONS ADVISOR WITH THE NAVY DEPARTMENT ON PERSONAL SERVICE CONTRACT NO. NPS-4967 FOR THE PERIOD OCTOBER 27 TO DECEMBER 31, 1947 INCLUSIVE. IT IS OUR UNDERSTANDING THAT HE IS STILL EMPLOYED BY THE NAVY DEPARTMENT.

UNDER THE FOREGOING FACTS, YOU EXPRESS DOUBT WHETHER THE EXPENSES INVOLVED ARE PAYABLE FROM FUNDS APPROPRIATED SUBSEQUENT TO THE EMPLOYEE'S RESIGNATION FROM YOUR AGENCY AND, IF SUCH PAYMENT BE PROPER, WHETHER FUNDS CHARGEABLE THEREWITH ARE THOSE AVAILABLE TO THE LABOR DEPARTMENT, THE FEDERAL MEDIATION AND CONCILIATION SERVICE, OR THE DEPARTMENT OF THE NAVY.

IT APPEARS CLEAR FROM THE FACTS OF RECORD THAT MR. SCHEDLER'S TRANSFER OF OFFICIAL STATION WAS FOR THE CONVENIENCE OF THE GOVERNMENT; THAT AUTHORITY TO MOVE HIS HOUSEHOLD EFFECTS WAS INCLUDED IN THE ORDER DIRECTING THE TRANSFER; AND THAT THE HOUSEHOLD EFFECTS ACTUALLY WERE MOVED WITHIN THE TIME LIMIT PRESCRIBED BY THE APPLICABLE LAW AND REGULATIONS--- IT BEING ASSUMED THAT THE EMPLOYEE REPORTED TO HIS NEW DUTY STATION ON OR ABOUT JULY 1, 1947. ACCORDINGLY, AT THE TIME THE MOVEMENT TOOK PLACE AND PAYMENT OF THE EXPENSES INCIDENT THERETO WAS MADE BY THE EMPLOYEE, HE BECAME ENTITLED TO REIMBURSEMENT THEREOF TO THE EXTENT AUTHORIZED BY LAW, REGARDLESS OF THE FACT THAT AT SUCH TIME HE WAS NO LONGER IN THE EMPLOY OF THE AGENCY WHICH DIRECTED THE TRANSFER, OR ITS SUCCESSOR.

WITH RESPECT TO THE QUESTION RAISED AS TO WHICH OF THE THREE AGENCIES HERE INVOLVED SHOULD BEAR THE COST OF SHIPMENT, THE RECORD CLEARLY SHOWS THAT THE MOVEMENT OF MR. SCHEDLER'S HOUSEHOLD EFFECTS WAS AUTHORIZED AS AN INCIDENT TO A TRANSFER OF OFFICIAL STATION WITHIN THE LABOR DEPARTMENT AND HAD NO CONNECTION WITH THE EMPLOYEE'S SUBSEQUENT CHANGES OF EMPLOYMENT--- NO TRAVEL OR TRANSPORTATION EXPENSES BEING THERE INVOLVED. THUS, THE OBLIGATION TO PAY THE COST OF SUCH SHIPMENT PROPERLY IS THAT OF THE AGENCY WHICH AUTHORIZED THE EXPENSES TO BE INCURRED--- THE LABOR DEPARTMENT. HOWEVER, SINCE IT WOULD APPEAR THAT THE FEDERAL MEDIATION AND CONCILIATION SERVICE, AS SUCCESSOR AGENCY TO THE LABOR DEPARTMENT'S CONCILIATION FUNCTIONS, CONCILIATION PERSONNEL, AND RECORDS (29 U.S.C. 172), ASSUMED OBLIGATIONS, ACTUAL AND TENTATIVE, OF THE NATURE HERE IN QUESTION, THE EXPENSES OF THE SHIPMENT CONSTITUTE A PROPER CHARGE AGAINST APPROPRIATED FUNDS CURRENTLY AVAILABLE TO SUCH SUCCESSOR AGENCY AT THE TIME THE SHIPMENT WAS MADE.

ACCORDINGLY, THE SUBMITTED VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT UPON THE BASIS OF THE APPLICABLE COMMUTED RATE IN EFFECT AT THE TIME THE TRAVEL AUTHORIZATION WAS ISSUED, AND IN ACCORDANCE WITH OTHER PERTINENT PROVISIONS OF THE APPLICABLE LAW AND REGULATIONS.