B-135028, MAY 8, 1958, 37 COMP. GEN. 737

B-135028, MAY 8, 1958, 37 COMP. GEN. 737

CIVILIAN PERSONNEL - MEALS FURNISHED FOOD HANDLERS - EXCESS MEALS - DEDUCTIONS - LUMP-SUM LEAVE PAYMENTS A REGULATION TO PRECLUDE DEDUCTION FROM LUMP-SUM LEAVE PAYMENTS DUE FOOD HANDLERS AT NAVY INSTALLATIONS FOR EXCESS MEALS RECEIVED BECAUSE OF HAVING USED LESS LEAVE DURING THE YEAR THAN WAS CONTEMPLATED WHEN THE CHARGES WERE ESTABLISHED ON AN ELEVEN-MONTH BASIS IS PROPER UNDER BUREAU OF THE BUDGET CIRCULAR NO. A-29, JULY 16, 1952, WHICH PRESCRIBES THE GENERAL POLICY FOR FURNISHING SUBSISTENCE TO CERTAIN EMPLOYEES.

TO THE SECRETARY OF THE NAVY, MAY 8, 1958:

ON APRIL 14, 1958, YOUR FILE OIR 250:IB, THE CHIEF OF INDUSTRIAL RELATIONS REQUESTED OUR COMMENTS UPON A PROPOSED MODIFICATION OF YOUR INSTRUCTIONS CONTAINED IN NCPI 225.4-3K RELATING TO DEDUCTIONS FOR SUBSISTENCE FURNISHED FOOD HANDLERS IN NAVY INSTALLATIONS. THE CONTEMPLATED CHANGE IN THE INSTRUCTION RESULTS FROM OUR LETTER DATED MARCH 5, 1958, B-135028, TO YOU, WHEREIN WE QUESTIONED THE PROPRIETY OF THAT PORTION OF EXISTING REGULATIONS READING AS FOLLOWS:

(1) " ANNUAL LEAVE" AS USED ABOVE, INCLUDES THE PERIOD OF TIME FOR WHICH LUMP SUM LEAVE PAYMENT IS MADE (COMP. GEN. B-92441 OF 24 APRIL 1950 TO SECNAV--- UNPUBLISHED).

YOUR DEPARTMENT NOW PROPOSES TO DELETE THE QUOTED LANGUAGE AND SUBSTITUTE THE FOLLOWING IN LIEU THEREOF.

NO DEDUCTION FOR SUBSISTENCE EXPENSES WILL BE MADE FOR PERIODS COVERED BY LUMP-SUM PAYMENTS FOR ANNUAL LEAVE.

DUE TO THE FACT THAT THE ANNUAL LEAVE CHARGE FOR FULL SUBSISTENCE (THREE MEALS PER DAY, 7 DAYS PER WEEK) IS BASED UPON COMPLETE AGGREGATE COST OF MEALS FOR 11 MONTHS ONLY, EMPLOYEES, WHO IN A GIVEN YEAR, USE LITTLE LEAVE AND ACTUALLY RECEIVE MORE MEALS THAN THOSE UPON WHICH THE ANNUAL CHARGE IS COMPUTED, RECEIVE SUCH EXCESS MEALS AT THE EXPENSE OF THE GOVERNMENT UNLESS, OF COURSE, THEY ARE REQUIRED TO MAKE ADDITIONAL PAYMENTS FOR SUCH MEALS. ON THE OTHER HAND, IN THOSE CASES, WHEN IN THE COURSE OF A YEAR AN EMPLOYEE ACTUALLY RECEIVES LESS THAN THE NUMBER OF MEALS UPON WHICH THE ANNUAL CHARGE IS COMPUTED, HE WILL HAVE PAID MORE THAN THE ACTUAL COST OF THE MEALS FURNISHED. YOUR CHIEF OF INDUSTRIAL RELATIONS THEREFORE HAS CONCLUDED THAT THE PROPOSED CHANGE IN PARAGRAPH 225.4-3K OF NCPI LIKELY WILL NOT RESULT IN ANNUAL NET LOSSES TO THE NAVY.

WE NOTE THAT BUREAU OF THE BUDGET CIRCULAR A-29, JULY 16, 1952, PRESCRIBING THE GENERAL POLICY TO BE FOLLOWED IN THE FURNISHING OF SUBSISTENCE TO CERTAIN EMPLOYEES (INCLUDING FOOD HANDLERS) IN FEDERAL HOSPITALS AND DOMICILIARY HOMES, PROVIDES THAT NO REFUND OR CREDIT SHALL BE ALLOWED FOR MEALS NOT TAKEN EXCEPT WHEN AN EMPLOYEE IS ON SICK LEAVE FOR MORE THAN 10 CONSECUTIVE WORKING DAYS. HOWEVER, SUCH CIRCULAR CONTAINS NO EXPRESS PROVISION FOR CHARGING EMPLOYEES WITH EXCESS MEALS FURNISHED DURING ANY YEAR. IF IT WERE INTENDED THAT COLLECTION BE MADE FROM EMPLOYEES FOR EXCESS MEALS FURNISHED UNDER THE CIRCUMSTANCES HERE INVOLVED, WE THINK IT REASONABLE TO PRESUME THE CIRCULAR EXPRESSLY WOULD HAVE SO PROVIDED. IN THE ABSENCE OF ANY SUCH EXPRESS PROVISION, WE ALSO PRESUME THE CIRCULAR CONTEMPLATES THAT THE UNDERCHARGES AND OVERCHARGES WOULD SUBSTANTIALLY BALANCE OUT, THUS ELIMINATING THE NECESSITY FOR MEAL DEBITS AND CREDITS IN INDIVIDUAL CASES.

IN VIEW OF THE ABOVE COMMENTS AND OF THE ADMINISTRATIVE DIFFICULTIES THAT MIGHT BE ENCOUNTERED IN INDIVIDUAL CASES IN DETERMINING THE EXACT AMOUNTS BY WHICH AN EMPLOYEE'S LUMP-SUM PAYMENT SHOULD BE REDUCED, WE OFFER NO OBJECTION TO YOUR DEPARTMENT'S PROPOSED CHANGE IN INCPI 225.4 3K.