B-164353, JUL. 18, 1968

B-164353, JUL. 18, 1968

TO MR. P. G. THURMOND:

FURTHER REFERENCE IS MADE TO YOUR WESTERN UNION TELEFAX OF MAY 3, 1968, CONCERNING YOUR INDEBTEDNESS AND THAT OF MR. DELL AND MR. ARMISTEAD TO THE U.S. MARINE CORPS SUPPLY CENTER, ALBANY, GEORGIA, RESULTING FROM OVERPAYMENTS OF TRAVEL TIME COMPENSATION FOR WEEKEND TRAVEL PERFORMED IN MARCH 1968.

THE NONWORKDAY TRAVEL AND THE COMPENSATION THEREFOR APPARENTLY WERE AUTHORIZED UNDER ADMINISTRATIVE REGULATIONS FORMERLY APPLICABLE TO WAGE BOARD EMPLOYEES WHICH AT THE TIME OF THE TRAVEL HAD NOT BEEN MODIFIED TO CONFORM WITH SECTION 222 (D) OF THE FEDERAL SALARY ACT OF 1967, PUBLIC LAW 90-206, 81 STAT. 641, APPROVED DECEMBER 16, 1967. SECTION 222 (D) OF PUBLIC LAW 90-206 READS AS FOLLOWS:

"/D) SECTION 5544 (A) OF TITLE 5, U.S.C. IS AMENDED BY INSERTING IMMEDIATELY AT THE END THEREOF THE FOLLOWING NEW SENTENCE: -TIME SPENT IN A TRAVEL STATUS AWAY FROM THE OFFICIAL DUTY STATION OF AN EMPLOYEE SUBJECT TO THIS SUBSECTION IS NOT HOURS OF WORK UNLESS THE TRAVEL (I) INVOLVES THE PERFORMANCE OF WORK WHILE TRAVELING, (II) IS INCIDENT TO TRAVEL THAT INVOLVES THE PERFORMANCE OF WORK WHILE TRAVELING (III) IS CARRIED OUT UNDER ARDUOUS CONDITIONS, OR (IV) RESULTS FROM AN EVENT WHICH WOULD NOT BE SCHEDULED OR CONTROLLED ADMINISTRATIVELY.-"

THE AMENDED SECTION OF TITLE 5, U.S.C. I.E., SECTION 5544, SO FAR AS HERE PERTINENT, PROVIDES:

"/A) AN EMPLOYEE WHOSE BASIC RATE OF PAY IS FIXED AND ADJUSTED FROM TIME TO TIME IN ACCORDANCE WITH PREVAILING RATES BY A WAGE BOARD OR SIMILAR ADMINISTRATIVE AUTHORITY SERVING THE SAME PURPOSE IS ENTITLED TO OVERTIME PAY FOR OVERTIME WORK IN EXCESS OF 8 HOURS A DAY OR 40 HOURS A WEEK. * *

SECTION 222 OF PUBLIC LAW 90-206 BECAME EFFECTIVE 30 DAYS AFTER THE DATE OF ENACTMENT OF THE LAW.

THEREFORE AT THE TIME OF THE TRAVEL PERFORMED BY YOU AND YOUR COEMPLOYEES IN MARCH 1968, COMPENSATION FOR TRAVEL TIME ON NONWORKDAYS NO LONGER WAS GOVERNED BY THE FORMERLY CONTROLLING ADMINISTRATIVE REGULATION BUT BY THE EXPRESS PROVISIONS OF STATUTE AS CONTAINED IN THE ABOVE-QUOTED LANGUAGE OF SECTION 222 (D).

SO FAR AS THE NEW LAW AFFECTED DEPARTMENT OF THE NAVY OR U.S. MARINE CORPS CIVILIAN PERSONNEL IT WAS IMPLEMENTED BY THE OFFICE OF CIVILIAN MANPOWER MANAGEMENT NOTICE 12610, JANUARY 15, 1968. A COPY OF THAT NOTICE IS ENCLOSED FOR YOUR INFORMATION. AS INDICATED THEREIN, THE AMENDMENTS TO THE LAW EQUALIZED THE PAY TREATMENT FOR TRAVEL TIME IN THE CASE OF GENERAL SCHEDULE EMPLOYEES AND WAGE BOARD EMPLOYEES.

THE REPORT OF THE U.S. MARINE CORPS INDICATES THAT THE TRAVEL PERFORMED BY YOU AND BY MESSRS. DELL AND ARMISTEAD ON THE NONWORKDAYS IN QUESTION WAS NOT WORK WITHIN THE PURVIEW OF THE STATUTE.

THEREFORE, OUR OPINION IS THAT TRAVEL TIME COMPENSATION ALLOWED YOU FOR THE DAYS INVOLVED WAS UNAUTHORIZED.