B-127979, JUN. 22, 1956

B-127979, JUN. 22, 1956

TO MR. KENNETH G. BOYCE, AUTHORIZED CERTIFYING OFFICER, CIVIL AERONAUTICS ADMINISTRATION:

YOUR LETTER OF APRIL 26, 1956, FORWARDED HERE MAY 14 BY THE BUDGET AND FINANCE OFFICER, CIVIL AERONAUTICS ADMINISTRATION, WASHINGTON, D. C., REQUESTS OUR DECISION CONCERNING THE AMOUNT PROPERLY FOR CERTIFICATION ON THE ENCLOSED PAYROLL VOUCHER STATED IN FAVOR OF PAUL M. BOSSOLETTI, SUPERVISORY ELECTRONIC MAINTENANCE TECHNICIAN (GS-9). THE AMOUNT STATED ON THE VOUCHER IS $23.58, AND COVERS OVERTIME COMPENSATION FOR TIME ACTUALLY WORKED (2 HOURS) AND TIME SPENT IN TRAVEL BY MR. BOSSOLETTI ON "EMERGENCY CALL-OUT" ON ONE OF HIS REGULAR DAYS OFF.

MR. BOSSOLETTI IS ADMINISTRATIVELY HEADQUARTERED AT GRAND FORKS INTERNATIONAL AIRPORT, GRAND FORKS, NORTH DAKOTA, WHERE HIS TOOLS AND EQUIPMENT ARE STORED, WHEN NOT IN USE, AND WHERE MOST OF HIS DUTIES ARE PERFORMED. HE ALSO IS REQUIRED--- NORMALLY ONCE A WEEK--- TO SERVICE AIR NAVIGATION AIDS IN OTHER LOCALITIES, INCLUDING PEMBINA, NORTH DAKOTA, A DISTANCE OF APPROXIMATELY 95 MILES FROM GRAND FORKS. THE REGULAR WEEKLY WORK AT PEMBINA ORDINARILY REQUIRES FROM ONE TO TWO DAYS, INCLUDING TRAVEL, DURING NORMAL WORKING HOURS. HOWEVER, AFTER COMPLETING HIS SCHEDULED 40-HOUR WEEK, MR. BOSSOLETTI RESPONDED TO AN EMERGENCY SERVICE CALL ON SATURDAY, NOVEMBER 12, 1955, A SCHEDULED NONWORKDAY. HE DEPARTED GRAND FORKS AT 8:35 A.M. AND RETURNED AT 5:35 P.M. THE ELAPSED TIME INVOLVED 2 HOURS 15 MINUTES GOING TO PEMBINA, 2 HOURS 10 MINUTES WORKING AT PEMBINA, AND 4 HOURS 35 MINUTES RETURNING TO GRAND FORKS (INCLUDING 2 HOURS 15 MINUTES LAYOVER FOR TRUCK REPAIRS EN ROUTE). FOR THAT TRIP MR. BOSSOLETTI CLAIMS 6 HOURS OVERTIME WORK, EXCLUDING THE LAYOVER TIME FOR TRUCK REPAIRS. REGARDING THE ODD 45 MINUTES, YOU SAY THE CIVIL AERONAUTICS ADMINISTRATION HAS NOT PROVIDED FOR PAYMENT OF FRACTIONS OF HOURS WORKED, BUT IN THAT CONNECTION SEE QUESTION 11, B-124671, DATED NOVEMBER 28, 1955; ALSO, 25 COMP. GEN. 121 AT PAGE 124.

THE LINE OF DECISIONS TO WHICH YOU REFER HAVE HELD CONSISTENTLY THAT OVERTIME IS PAYABLE TO PER ANNUM EMPLOYEES FOR THEIR TRAVEL TIME ONLY WHERE THE TRAVEL IS CARRIED OUT UNDER ARDUOUS CONDITIONS MAKING THE TRAVEL INSEPARABLE FROM "WORK" OR WHEN THE TRAVEL INVOLVES THE ACTUAL PERFORMANCE OF "WORK.' IN THAT REGARD, SECTION 204 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS ADDED BY SECTION 205/B) OF PUBLIC LAW 763, APPROVED SEPTEMBER 1, 1954, 68 STAT. 1110, IS AS FOLLOWS:

"TIME IN TRAVEL STATUS

"SEC. 204. FOR THE PURPOSES OF THIS ACT, TIME SPENT IN A TRAVEL STATUS AWAY FROM THE OFFICIAL-DUTY STATION OF ANY OFFICER OR EMPLOYEE SHALL BE CONSIDERED AS HOURS OF EMPLOYMENT ONLY WHEN (1) WITHIN THE DAYS AND HOURS OF SUCH OFFICER'S OR EMPLOYEE'S REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK, INCLUDING REGULARLY SCHEDULED OVERTIME HOURS, OR (2) WHEN THE TRAVEL INVOLVES THE PERFORMANCE OF WORK WHILE TRAVELING OR IS CARRIED OUT UNDER ARDUOUS CONDITIONS.'

IN THIS CASE, IT DOES NOT APPEAR THAT ACTUAL WORK WAS PERFORMED BY MR. BOSSOLETTI WHILE TRAVELING, NOTWITHSTANDING THAT THE TRAVEL WAS PERFORMED IN A GOVERNMENT VEHICLE AND REQUIRED CAREFUL DRIVING TO PREVENT DAMAGE TO TESTING EQUIPMENT WHICH IS DELICATE AND EXPENSIVE. SUCH CIRCUMSTANCES, IN OUR VIEW OF THE MATTER, DO NOT CONSTITUTE TRAVEL CARRIED OUT UNDER ARDUOUS CONDITIONS FOR WHICH OVERTIME WOULD BE PAYABLE.