Privately Owned Vehicle Use Advantageous to Government

GAO was requested to decide whether the Federal Aviation Administration (FAA) may decide that certain travel by privately owned vehicle (POV) to the FAA Academy, by electronic technicians and other personnel similarly situated, is not advantageous to the Government unless the individuals are covered by a collective bargaining agreement. The FAA has entered into an agreement with a union which states that this type of travel is advantageous to the Government when it is performed by employees covered by this agreement. An employee, not covered by this agreement, requested that his travel order be amended to show that his POV travel to the Academy was advantageous to the Government. FAA denied this request on the basis of a decision which gave rise to a regulation stating that the question of advantage to the Government was a negotiable matter. GAO disagreed with the agency denial, and held that unless there are valid reasons to find otherwise in a specific case, it would be arbitrary and capricius for FAA to treat employees not covered by the agreement differently from those who are covered. Assuming that the employee's travel met all of the criteria for finding POV use as advantageous to the Government, the FAA, having made a determination that travel in these circumstances is advantageous to the Government, was directed to amend the employee's travel orders unless there were particular facts which would justify a negative determination.