B-149111, AUG. 20, 1962
Highlights
THE DISALLOWANCE WAS PREDICATED PRIMARILY UPON THE FACT THAT SUBSTITUTE EMPLOYEES ARE ASSIGNED TO A JURISDICTIONAL AREA RATHER THAN TO A SPECIFIC INSTALLATION WITHIN SUCH AN AREA. THE NEW YORK METROPOLITAN AREA WHICH WAS DETERMINED TO HAVE BEEN YOUR HEADQUARTERS AREA EMBRACED POSTAL ACTIVITIES AT NEWARK. WERE BROKE DOWN. THE REGULAR CLERKS EMPLOYED ON THEM WERE BROUGHT INTO THE ERIE RAILROAD TERMINAL IN JERSEY CITY. FOR THE HOURS THEY WERE DUE TO BE ON THE HIGHWAY POST OFFICE VEHICLE. WERE TO INCLUDE NEWARK. THEN WHY WERE THE REGULAR EMPLOYEES ON THE HIGHWAY POST OFFICES CONSIDERED TO HAVE A NEWARK. RECEIVE PER DIEM WHEN THEY WERE BROUGHT INTO THE ERIE RR STATION? TO THE POST OFFICE DEPARTMENT FOR A REPORT UPON THE COMMENTS YOU MAKE THEREIN AND THE POST OFFICE DEPARTMENT ADVISES THAT HIGHWAY POST OFFICES HAVE NOT OPERATED OUT OF NEWARK SINCE MARCH 8.
B-149111, AUG. 20, 1962
TO MR. ALFRED J. RICHARDI:
YOUR LETTER OF MAY 25, 1962, REQUESTS REVIEW OF OFFICE SETTLEMENT OF SEPTEMBER 28, 1961, DISALLOWING YOUR CLAIM FOR TRAVEL EXPENSES AND TRAVEL TIME INCIDENT TO TRAVEL FROM NEW YORK CITY HEADQUARTERS TO FILL ASSIGNMENTS AT NEWARK, NEW JERSEY.
THE DISALLOWANCE WAS PREDICATED PRIMARILY UPON THE FACT THAT SUBSTITUTE EMPLOYEES ARE ASSIGNED TO A JURISDICTIONAL AREA RATHER THAN TO A SPECIFIC INSTALLATION WITHIN SUCH AN AREA. THE NEW YORK METROPOLITAN AREA WHICH WAS DETERMINED TO HAVE BEEN YOUR HEADQUARTERS AREA EMBRACED POSTAL ACTIVITIES AT NEWARK, NEW JERSEY.
YOU SAY IN YOUR LETTER OF MAY 25, 1962, THAT---
"* * * ON MANY OCCASIONS WHEN THE HIGHWAY POST OFFICE VEHICLES RUNNING OUT OF NEWARK, N.J. WERE BROKE DOWN, THE REGULAR CLERKS EMPLOYED ON THEM WERE BROUGHT INTO THE ERIE RAILROAD TERMINAL IN JERSEY CITY, N.J. TO PERFORM DISTRIBUTION, FOR THE HOURS THEY WERE DUE TO BE ON THE HIGHWAY POST OFFICE VEHICLE, AND GIVEN TRAVEL TIME AND PER DIEM.'
YOUR LETTER SAYS FURTHER THAT---
"IF THE METROPOLITAN AREA OF NEW YORK CITY, WERE TO INCLUDE NEWARK, N.J., AS YOU STATE, THEN WHY WERE THE REGULAR EMPLOYEES ON THE HIGHWAY POST OFFICES CONSIDERED TO HAVE A NEWARK, N.J. HEADQUARTERS, AND RECEIVE PER DIEM WHEN THEY WERE BROUGHT INTO THE ERIE RR STATION?
WE REFERRED YOUR LETTER OF MAY 25, 1962, TO THE POST OFFICE DEPARTMENT FOR A REPORT UPON THE COMMENTS YOU MAKE THEREIN AND THE POST OFFICE DEPARTMENT ADVISES THAT HIGHWAY POST OFFICES HAVE NOT OPERATED OUT OF NEWARK SINCE MARCH 8, 1958. IN VIEW OF THIS FACT THE DEPARTMENT SAYS THAT IT IS UNABLE TO CONFIRM YOUR STATEMENT CONCERNING THE PREFERENTIAL TREATMENT ALLEGED TO HAVE BEEN AFFORDED REGULAR EMPLOYEES ASSIGNED TO NEWARK HEADOUTS ON TEMPORARY DUTY AT THE ERIE RAILROAD TERMINAL. THE ASSISTANT POSTMASTER GENERAL CONCLUDES THAT IF THE REGULAR EMPLOYEES TO WHOM YOUR LETTER REFERS IN FACT RECEIVED TRAVEL TIME AND PER DIEM INCIDENT TO TEMPORARY DUTY AT THE ERIE RAILROAD TERMINAL THEN SUCH PAYMENTS WERE IMPROPER. THE DEPARTMENT DOES NOT CONSIDER SUCH EMPLOYEES TO HAVE BEEN IN A TRAVEL STATUS, IF, FOR EMERGENT REASONS, THEY WERE ASSIGNED TO STATIONARY DUTY WITHIN THE COMMUTING AREA.
IF IN FACT KINGSTON, NEW YORK, AND POINTS ON THE NEW YORK AND SALAMANCA RAILROAD POST OFFICES TO WHICH YOU REFER IN THE 7TH PARAGRAPH OF YOUR LETTER OF MAY 25, 1962, ALSO WERE IN YOUR HEADQUARTERS AREA, THE TRAVEL TIME AND PER DIEM THAT YOU RECEIVED INCIDENT TO TEMPORARY ASSIGNMENTS AT SUCH POINTS LIKEWISE MAY HAVE BEEN IN ERROR. HOWEVER, SINCE WE FIND NO OFFICIAL INFORMATION IN THE RECORD BEFORE US WE ASSUME THAT SUCH POINTS WERE OUTSIDE YOUR HEADQUARTERS AREA AND THE PAYMENTS YOU RECEIVED FOR SUCH ASSIGNMENTS AT SUCH POINTS WERE PROPER.
ACCORDINGLY, UPON THE BASIS OF THE INFORMATION PRESENTLY BEFORE OUR OFFICE, THE DISALLOWANCE OF YOUR CLAIM APPEARS TO HAVE BEEN CORRECT AND HEREBY IS SUSTAINED.