B-157963, MAY 4, 1966, 45 COMP. GEN. 674

B-157963, MAY 4, 1966, 45 COMP. GEN. 674

POST OFFICE DEPARTMENT - EMPLOYEES - TRANSFERS - RELOCATION, ETC., EXPENSES THE RETURN TRAVEL EXPENSE ENTITLEMENT OF POSTAL EMPLOYEES WHO ARE INVOLUNTARILY REASSIGNED TO ANOTHER FACILITY AND LATER RETRANSFERRED TO THEIR ORIGINAL FACILITY UPON THE OCCURRENCE OF A VACANCY IS GOVERNED BY THE TRAVEL AND TRANSPORTATION EXPENSE AUTHORITY IN SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 5 U.S.C. 73B-1, AND SECTION 6 (A) OF THE FEDERAL EMPLOYEES SALARY ACT OF 1965, 39 U.S.C. 3107, WHICH REQUIRES AN ADMINISTRATIVE DETERMINATION THAT THE TRANSFER OR RELOCATION IS IN THE INTEREST OF THE GOVERNMENT AND, THEREFORE, IF THERE IS AN ADMINISTRATIVE DETERMINATION THAT THE RETRANSFER IS IN THE INTEREST OF THE GOVERNMENT, THE EMPLOYEE MAY BE ALLOWED RETURN TRAVEL AND RELOCATION EXPENSES.

TO THE POSTMASTER GENERAL, MAY 4, 1966:

YOUR LETTER OF APRIL 18, 1966, REFERENCE 800, ASKS OUR DECISION WHETHER THE DEPARTMENT MAY PAY THE TRAVELING AND RELOCATION EXPENSES OF POSTAL EMPLOYEES WHO WERE FIRST ARBITRARILY PERMANENTLY REASSIGNED FROM ONE FACILITY IN THE POSTAL FIELD SERVICE TO ANOTHER FACILITY IN SUCH SERVICE, AND WHO ARE RETRANSFERRED TO THEIR ORIGINAL INSTALLATIONS IN ACCORDANCE WITH PARAGRAPH B5E (1) OF ARTICLE XII, REASSIGNMENTS, OF THE NATIONAL AGREEMENT BETWEEN THE DEPARTMENT AND THE POSTAL EMPLOYEES.

PARAGRAPH B5E (5) OF THE AGREEMENT READS IN PART AS FOLLOWS:

EMPLOYEES INVOLUNTARILY REASSIGNED UNDER 5E. (1) ABOVE * * * SHALL BE ENTITLED AT THE TIME OF SUCH REASSIGNMENT TO FILE A REQUEST TO BE RETURNED TO THE FIRST VACANCY IN THE LEVEL, IN THE CRAFT OR OCCUPATIONAL GROUP IN THE INSTALLATION FROM WHICH REASSIGNED, AND SUCH REQUEST SHALL BE HONORED SO LONG AS HE DOES NOT WITHDRAW IT OR DECLINE TO ACCEPT AN OPPORTUNITY TO RETURN IN ACCORDANCE WITH SUCH REQUEST.

WHILE THE QUOTED PARAGRAPH OF THE AGREEMENT ENTERED INTO UNDER AUTHORITY OF EXECUTIVE ORDER NO. 10988 OF JANUARY 17, 1962, MAY GIVE RISE TO EMPLOYEES' RIGHTS TO BE REASSIGNED TO THEIR ORIGINAL INSTALLATIONS UPON THE OCCURRENCE OF VACANCIES AT SUCH PLACES WE MUST, OF COURSE, LOOK TO THE APPLICABLE STATUTORY AUTHORITY TO ASCERTAIN THEIR ENTITLEMENT TO PAYMENT FOR THEIR RETURN TRAVEL AND RELOCATION EXPENSES.

AUTHORITY FOR THE PAYMENT OF TRAVEL, TRANSPORTATION AND STORAGE EXPENSES OF TRANSFERRED EMPLOYEES IS FOUND IN 5 U.S.C. 73B-1, WHICH PROVIDES AMONG OTHER THINGS: "THAT NO PART OF SUCH EXPENSE * * * SHALL BE ALLOWED OR PAID FROM GOVERNMENT FUNDS WHERE THE TRANSFER IS MADE PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE OFFICER OR EMPLOYEE OR AT HIS REQUEST * *

SECTION 6 (A) OF PUBLIC LAW 89-301, APPROVED OCTOBER 29, 1965, 79 STAT. 1116, 39 U.S.C. 3107, AUTHORIZES THE ALLOWANCE OF RELOCATION EXPENSES TO POSTAL FIELD SERVICE EMPLOYEES. THAT SECTION, IN PART, READS:

NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH EMPLOYEE IN THE POSTAL FIELD SERVICE WHO IS TRANSFERRED OR RELOCATED FROM ONE OFFICIAL STATION TO ANOTHER SHALL, UNDER REGULATIONS PROMULGATED BY THE POSTMASTER GENERAL, BE GRANTED THE FOLLOWING ALLOWANCES AND EXPENSES * * *

IN POSTAL BULLETIN 20518, DATED FEBRUARY 24, 1966, REGULATIONS WERE PROMULGATED UNDER 39 U.S.C. 3107 WHICH IN SECTION IIA.1 PROVIDE:

THESE PROVISIONS APPLY TO EACH EMPLOYEE WHO IS TRANSFERRED OR RELOCATED IN THE INTEREST OF THE GOVERNMENT FROM ONE INSTALLATION TO ANOTHER IN THE POSTAL FIELD SERVICE OR FROM AN INSTALLATION IN THE POSTAL FIELD SERVICE TO THE DEPARTMENT. THE PROVISIONS DO NOT APPLY TO AN EMPLOYEE TRANSFERRED OR RELOCATED FROM THE DEPARTMENT TO AN INSTALLATION IN THE POSTAL FIELD SERVICE, OR TO ANY EMPLOYEE WHOSE CHANGE OF OFFICIAL PERMANENT DUTY STATION IS AT HIS OWN REQUEST AND FOR HIS OWN CONVENIENCE FOR PERSONAL OR OTHER REASONS. * * *

THE ENTITLEMENT OF AN EMPLOYEE RETRANSFERRING TO HIS ORIGINAL INSTALLATION TO A PAYMENT OF TRAVEL AND RELOCATION EXPENSES WOULD THEREFORE ARISE ONLY FROM AN ADMINISTRATIVE DETERMINATION THAT SUCH TRANSFER OR RELOCATION IS IN THE INTEREST OF THE GOVERNMENT AND NOT ONLY BY VIRTUE OF HIS REQUEST MADE PURSUANT TO SECTION B5E (5) OF THE NATIONAL AGREEMENT.

YOUR LETTER REFERS TO SEVERAL MATTERS ARISING FROM THE RELOCATION PROGRAM INCLUDING THE POSSIBLE LOSS OF SKILLED EMPLOYEES WHICH WOULD APPEAR TO WARRANT YOUR CONCLUSION THAT ESSENTIALLY THE RETRANSFERS ARE IN THE INTEREST OF THE DEPARTMENT NOTWITHSTANDING THAT AN EMPLOYEE, INCIDENT TO HIS INITIAL TRANSFER, MAY HAVE REQUESTED THAT HE BE RETURNED TO HIS ORIGINAL LOCATION SHOULD A VACANCY OCCUR THERE.

THEREFORE, WE WILL INTERPOSE NO OBJECTION TO THE ALLOWANCE OF TRAVEL AND RELOCATION EXPENSES IN SUCH CIRCUMSTANCES WHEN IT IS EXPRESSLY ADMINISTRATIVELY DETERMINED THAT SUCH RETRANSFERS ARE SOLELY OR PREDOMINANTLY IN THE INTEREST OF THE GOVERNMENT.