B-120894, NOVEMBER 23, 1954, 34 COMP. GEN. 248

B-120894, NOVEMBER 23, 1954, 34 COMP. GEN. 248

COMPENSATION - OVERTIME - TRAVEL TIME; MILEAGE - TRAVEL BY PRIVATELY OWNED AUTOMOBILE THE TIME CONSUMED BY A PER ANNUM EMPLOYEE OUTSIDE HIS REGULAR 40 HOUR WORKWEEK IN TRAVELING BY PRIVATELY-OWNED AUTOMOBILE AND A GOVERNMENT VEHICLE IN CONNECTION WITH OFFICIAL DUTIES IN REPAIRING A POWER TRANSMISSION LINE MAY NOT BE REGARDED AS WORK, AND THE PAYMENT OF OVERTIME COMPENSATION UNDER SECTION 201 OF FEDERAL EMPLOYEES PAY ACT OF 1945 IS LIMITED TO THE ACTUAL TIME SPENT AT WORK; HOWEVER, THE PAYMENT OF MILEAGE FOR THE USE OF THE EMPLOYEE'S CARE IS AUTHORIZED IF ADMINISTRATIVELY APPROVED.

ACTING COMPTROLLER GENERAL WEITZEL TO J. E. PERRY, DEPARTMENT OF THE INTERIOR, NOVEMBER 23, 954:

REFERENCE IS MADE TO YOUR LETTER OF JULY 27, 1954, REQUESTING A DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT TWO VOUCHERS, TRANSMITTED THEREWITH STATED IN FAVOR OF MR. JOHN D. ROHLMAN, A PER ANNUM EMPLOYEE OF THE BONNEVILLE POWER ADMINISTRATION, COVERING OVERTIME COMPENSATION AND MILEAGE FOR THE USE OF HIS PRIVATELY OWNED AUTOMOBILE ON APRIL 25, 1954.

MR. ROHLMAN IS EMPLOYED AS AN ELECTRICAL ENGINEER TO PERFORM, IN ADDITION TO OTHER ASSIGNED DUTIES, MAINTENANCE, REPAIR, AND TESTING OPERATIONS ON THE ELECTRIC TRANSMISSION SYSTEM, AS REQUIRED. HE DEPARTED FROM HIS RESIDENCE, PUYALLUP, WASHINGTON, BY PRIVATELY-OWNED AUTOMOBILE AT 9 A.M. ON SUNDAY, APRIL 25, 1954, A NON-WORK DAY, TO PERFORM EMERGENCY DUTY. ARRIVED AT HIS OFFICIAL STATION, KENT, WASHINGTON, AT 9:45 A.M. DEPARTURE THEREFROM FOR SQUAK MOUNTAIN WAS AT APPROXIMATELY THE SAME TIME, THE ONLY DELAY BEING A MOMENTARY ONE TO EXCHANGE HIS PRIVATELY OWNED AUTOMOBILE FOR A GOVERNMENT VEHICLE. ARRIVAL AT SQUAK MOUNTAIN WAS AT 10:30 A.M. THE EMPLOYEE COMPLETED HIS EMERGENCY TEMPORARY DUTY AT THE MICROWAVE STATION AT SQUAK MOUNTAIN AT 11:30 A.M. AND DEPARTED AT APPROXIMATELY THE SAME TIME BY GOVERNMENT VEHICLE FOR KENT, ARRIVING AT THAT POINT AT 12:15 P.M. DEPARTURE FROM KENT BY PRIVATELY OWNED AUTOMOBILE WAS IMMEDIATE, AND THE EMPLOYEE ARRIVED AT HIS PLACE OF RESIDENCE, PUYALLUP, WASHINGTON, AT 1 P.M., APRIL 25. MR. ROHLMAN WAS ON DUTY AT HIS REGULARLY ASSIGNED STATION EACH DAY OF THE BASIC WORKWEEK, MONDAY THROUGH FRIDAY, WHICH FOLLOWED HIS SUNDAY OVERTIME DUTY. HE CLAIMS OVERTIME COMPENSATION FOR THE ENTIRE PERIOD (FOUR HOURS) AFTER HE LEFT HIS RESIDENCE AT PUYALLUP UNTIL HE RETURNED THERETO.

OVERTIME COMPENSATION AUTHORIZED FOR PER ANNUM EMPLOYEES BY THE PROVISIONS OF SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 296, FOR ALL HOURS OF EMPLOYMENT IN EXCESS OF 40 HOURS IN ANY ADMINISTRATIVE WORKWEEK, DOES NOT INCLUDE TRAVEL TIME OUTSIDE THE REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK, INCLUDING REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK, INCLUDING REGULARLY SCHEDULED OVERTIME HOURS, UNLESS THE TRAVEL IS PERFORMED UNDER ARDUOUS CONDITIONS MAKING THE TRAVEL INSEPARABLE FROM WORK OR WHEN THE TRAVEL INVOLVES THE ACTUAL PERFORMANCE OF WORK. SEE 30 COMP. GEN. 72, AND THE DECISIONS CITED THEREIN; B-120896, DATED OCTOBER 7, 1954, COPY ENCLOSED. ALSO SEE SECTION 204 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS ADDED BY SECTION 205 (B) OF THE ACT OF SEPTEMBER 1, 1954, PUBLIC LAW 763, 68 STAT. 1109, WHICH RECOGNIZES THIS RESTRICTED BASIS OF PAYMENT. IT DOES NOT APPEAR FROM THE PRESENT RECORD THAT THE TRAVEL IN THE EMPLOYEE'S PRIVATELY OWNED AUTOMOBILE OR THE GOVERNMENT VEHICLE WAS TRAVEL CARRIED OUT UNDER ARDUOUS CONDITIONS OR THAT ACTUAL WORK WAS PERFORMED WHILE TRAVELING. HENCE, THE OVERTIME PAYMENT TO MR. ROHLMAN IS REQUIRED TO BE LIMITED TO THE TIME ACTUALLY SPENT AT WORK IN EXCESS OF HIS 40-HOUR WORKWEEK, WHICH IS STATED TO BE ONE HOUR.

MILEAGE IS CLAIMED FOR THE USE OF THE EMPLOYEE'S PRIVATELY OWNED AUTOMOBILE FROM HIS RESIDENCE AT PUYALLUP, WASHINGTON, TO HIS OFFICIAL STATION, COVINGTON SUBSTATION, KENT, WASHINGTON, FOR THE PURPOSE OF OBTAINING THE GOVERNMENT VEHICLE FOR "CONTINUATION" OF HIS TRAVEL, FROM PUYALLUP TO SQUAK MOUNTAIN, AND RETURN.

PARAGRAPH 12A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, AUTHORIZES PAYMENT OF MILEAGE FOR USE OF A PRIVATELY OWNED AUTOMOBILE AND PROVIDES THAT---

A. MILEAGE BASIS.

(1) * * * IN SUCH CASES THE MILEAGE RATE AS AUTHORIZED OR APPROVED MAY BE PAID FROM WHATEVER POINT THE EMPLOYEE OR OTHER PERSON RENDERING SERVICE TO THE GOVERNMENT BEGINS HIS JOURNEY.

UNDER THAT PROVISION, IN THE LIGHT OF THE FACTUAL CIRCUMSTANCES, IT WAS WITHIN THE ADMINISTRATIVE DISCRETION TO HAVE AUTHORIZED MILEAGE FROM THE EMPLOYEE'S PLACE OF RESIDENCE (1PUYALLUP TO KENT, WASHINGTON), AND RETURN. HOWEVER, IT CANNOT BE DETERMINED FROM THE COPY OF THE TRAVEL ORDER FURNISHED THIS OFFICE WHAT TRAVEL BY PRIVATELY OWNED AUTOMOBILE, IF ANY, ADMINISTRATIVELY WAS CONTEMPLATED. ACCORDINGLY, IN THE ABSENCE OF ADMINISTRATIVE CLARIFICATION OF THE TRAVEL ORDER, IT WOULD NOT BE PROPER TO PAY MILEAGE IN THIS CASE. IT MAY BE STATED THAT IN THE EVENT OF PROPER ADMINISTRATIVE APPROVAL OF MILEAGE FOR USE OF THE AUTOMOBILE BETWEEN THE POINTS INVOLVED CERTIFICATION OF THE MILEAGE FOR PAYMENT WOULD BE AUTHORIZED, IF THE MILEAGE CLAIM BE OTHERWISE PROPER.

ACTION ON THE VOUCHERS, WHICH, TOGETHER WITH THE TRAVEL ORDER, ARE RETURNED HEREWITH, SHOULD BE TAKEN ACCORDINGLY.