B-136534, AUG. 1, 1958

B-136534, AUG. 1, 1958

TO MR. R. R. HARVEY, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

THE JUDGE ADVOCATE GENERAL BY LETTER DATED JUNE 18, 1958, REFERENCE JAG:132:MBC, 4960, FORWARDED TO US YOUR LETTER OF MAY 1, 1958, REFERENCE 13.35 RRH:GBH SER 1018, REQUESTING OUR DECISION WHETHER THE AMOUNT OF THE VOUCHER SUBMITTED BY YOU REPRESENTING OVERTIME FOR ACTUAL TRAVEL PERFORMED ON SCHEDULED NONWORKDAYS DURING HOURS NOT FALLING WITHIN THE HOURS OF THE SCHEDULED WORKDAY AT HIS HEADQUARTERS MAY BE PAID TO AN UNGRADED EMPLOYEE.

THE RECORD SHOWS THAT THE EMPLOYEE WAS REGULARLY SCHEDULED TO WORK FROM 4 P.M. TO 12:30 A.M., MONDAY THROUGH FRIDAY. ON SUNDAY, JANUARY 12, 1958, WHICH WAS THE BEGINNING OF TEMPORARY DUTY AND A SCHEDULED NONWORKDAY, HE PERFORMED TRAVEL FROM 8:25 A.M. TO 4:45 P.M. AGAIN ON JANUARY 25, A SATURDAY AT THE END OF THE TEMPORARY DUTY AND A SCHEDULED NONWORKDAY, THE EMPLOYEE TRAVELED FROM :25 A.M. TO 5:15 P.M. THE TEMPORARY DUTY WAS FROM JANUARY 12 TO 25, 1958, A TOTAL OF 80 HOURS, 2 WORKWEEKS. ANOTHER EMPLOYEE WHO WAS REGULARLY SCHEDULED TO WORK FROM 7:15 A.M. TO 3:45 P.M., MONDAY THROUGH FRIDAY, ALSO PERFORMED THE SAME TRAVEL.

THE SUBMISSION SHOWS THAT A TOTAL OF 2 HOURS OVERTIME WAS PAID THE EMPLOYEE HERE INVOLVED FOR THE PERIOD OF TRAVEL ON THE 2 NONWORKDAYS. 1/2 HOURS OVERTIME WAS PAID TO THE OTHER EMPLOYEE FOR THE SAME PERIOD OF TRAVEL. YOU ASK, IN EFFECT, WHETHER THE ISSUANCE OF THE TRAVEL ORDERS COVERING THE TEMPORARY DUTY, WHICH DUTY WAS PERFORMED DURING THE DAY SHIFT, WAS SUFFICIENT TO AUTHORIZE A CHANGE IN THE FIRST EMPLOYEE'S TOUR OF DUTY TO THE DAY SHIFT SO THAT HE COULD RECEIVE THE ADDITIONAL OVERTIME PAYMENTS.

WE FIND THAT THE REGULATION GOVERNING UNGRADED EMPLOYEES TRAVELING OUTSIDE THEIR SCHEDULED WORKWEEK, IN FORCE AND EFFECT DURING THE FOREGOING PERIOD OF TRAVEL, IS NGPI 85.7-2D (22 OCTOBER 1954) NOT NCPI 85.7-1B OR D (31 JANUARY 1958), CITED IN THE SUBMISSION, WHICH WERE IN EFFECT AFTER THE PERIOD OF TRAVEL HERE INVOLVED. NCPI 85.7-2D (22 OCTOBER 1954) READS AS FOLLOWS:

"UNGRADED EMPLOYEE, TRAVEL OUTSIDE SCHEDULED WORKWEEK.--- 27 COMP. GEN. 613: B-72173 OF 9 APRIL 1948, AUTHORIZES THE PAYMENT OF TRAVEL TIME FOR TRAVEL BY AN UNGRADED EMPLOYEE ON DAYS OUTSIDE HIS SCHEDULED WORKWEEK. WHEN AN UNGRADED EMPLOYEE IS REQUIRED TO PERFORM TRAVEL ON DAYS OUTSIDE HIS SCHEDULED WORKWEEK, THE HOURS OF THE SCHEDULED WORKDAY WILL BE APPLIED TO THE DAYS ON WHICH TRAVEL IS PERFORMED. FOR EXAMPLE, AN EMPLOYEE WHOSE SCHEDULED WORKWEEK IS 8 HOURS A DAY (0800 1600), MONDAY THROUGH FRIDAY, AND WHO IS REQUIRED TO TRAVEL FROM 0700 SATURDAY TO 1200 SUNDAY, IS ENTITLED TO PAY FOR TRAVEL BETWEEN THE HOURS OF 0800 TO 1600 ON SATURDAY AND FOR TRAVEL BETWEEN THE HOURS OF 0800 AND 1200 ON SUNDAY.'

NCIP 85.5-1E (22 OCTOBER 1954) IN FORCE AND EFFECT DURING THE PERIOD OF TRAVEL HERE INVOLVED, NOT NCPI 85.1-4I (4) (31 JANUARY 1958) IN FORCE AND EFFECT AFTER THE FOREGOING PERIOD OF TRAVEL, READS AS FOLLOWS:

" "REGULAR" ASSIGNMENT DEFINED.--- A "REGULAR" ASSIGNMENT IS DEFINED AS ONE THAT HAS BEEN IN EFFECT FOR MORE THAN TWO CONSECUTIVE WORKWEEKS. ADDITIONAL PAY ASSIGNMENT MUST MEET THE FOLLOWING REQUIREMENT TO BE A "REGULAR" ASSIGNMENT:

"/1) EMPLOYEE HAS PERFORMED THE WORK OF THE ADDITIONAL PAY ASSIGNMENT FOR MORE THAN 80 HOURS DURING THE PRECEDING 4 PAY WEEKS, OR DURING THE 20 PRECEDING WORKDAYS, WHICHEVER IS MORE ADVANTAGEOUS TO THE EMPLOYEE.'

IN ACCORDANCE WITH THAT PROVISION AND NCPI 85.5-4J AND K (22 OCTOBER 1954), CONCERNING NIGHT DIFFERENTIAL WHILE IN A TRAVEL STATUS AND WHILE TEMPORARILY ASSIGNED TO OTHER DUTIES, NIGHT DIFFERENTIAL WAS ALLOWED TO THE EMPLOYEE FOR THE PERIOD OF THE TEMPORARY DUTY.

WE FIND NO PROVISION IN THE REGULATIONS WHICH AUTHORIZES A TOUR OF DUTY CHANGE FOR THE TRAVEL STATUS PERIOD HERE INVOLVED FOR THE PURPOSE OF AUTHORIZING PAYMENT OF COMPENSATION FOR TRAVEL TIME TO THE EMPLOYEE ON A BASIS OTHER THAN HIS REGULARLY SCHEDULED HOURS OF DUTY AT HIS HEADQUARTERS.

THEREFORE, AND SINCE PAYMENT OF OVERTIME FOR TRAVEL TIME APPEARS TO HAVE BEEN ALLOWED IN ACCORDANCE WITH NCPI 85.7-2D ABOVE, THE VOUCHER, WHICH IS RETAINED, MAY NOT BE PAID.