B-146389, FEB. 1, 1966

B-146389, FEB. 1, 1966

TO THE ADMINISTRATOR, FEDERAL AVIATION AGENCY:

IN YOUR LETTER OF JANUARY 13, 1966, YOU HAVE ASKED OUR OFFICE TO REVIEW A PROPOSED AMENDMENT TO PARAGRAPH 5.C. OF THE FEDERAL AVIATION AGENCY HANDBOOK ON OVERTIME, NIGHT AND HOLIDAY PAY.

THE PROPOSED AMENDMENT TO PARAGRAPH 5.C. READS AS FOLLOWS:

"C. TRAVEL AS INCIDENTAL DUTY. THE ABOVE REGULATIONS DO NOT APPLY TO WORK SITUATIONS INVOLVING TRAVEL WHICH IS AN INHERENT PART OF, AND INSEPARABLE FROM, THE WORK ITSELF. IN THESE CASES THE TRAVEL REPRESENTS AN ADDITIONAL INCIDENTAL DUTY DIRECTLY CONNECTED WITH THE PERFORMANCE OF A GIVEN JOB AND IS CONSIDERED TO BE AN ASSIGNED DUTY. TIME SPENT IN SUCH INHERENT TRAVEL IS PAYABLE AT REGULAR OR OVERTIME RATES, AS APPROPRIATE. TIME SPENT IN NORMAL COMMUTING TRAVEL FROM HOME OR LODGING TO WORK, HOWEVER, IS NOT CONSIDERED AS WORK TIME. EXAMPLES OF WORK SITUATIONS IN WHICH TRAVEL IS AN INCIDENTAL PART OF OFFICIALLY ASSIGNED DUTIES INCLUDE:

"/1) GUARDS/POLICEMEN. IT IS COMMON PRACTICE FOR EMPLOYEES IN THIS GROUP TO REPORT FOR DUTY EACH DAY AT A CENTRAL LOCATION. THIS IS FOR SUCH PURPOSES AS INSPECTION, RECEIVING ORDERS OR INSTRUCTIONS, AND ASSIGNMENT OF DUTY POSTS. FOLLOWING THIS, THE EMPLOYEES TRAVEL FROM THE CENTRAL POINT TO THEIR ASSIGNMENTS. IN THIS SITUATION THE TOUR OF DUTY BEGINS WHEN EMPLOYEES ARE SCHEDULED TO REPORT TO THE CENTRAL LOCATION. ALSO, THE TOUR OF DUTY WOULD END WHEN EMPLOYEES CHECK OUT AT THE CENTRAL LOCATION IF THEY ARE REQUIRED TO REPORT THERE BEFORE DEPARTING.

"/2) ELECTRONIC MAINTENANCE TECHNICIANS. EMPLOYEES IN THIS GROUP NORMALLY REPORT TO THE SECTOR OFFICE EACH DAY TO CHECK IN, RECEIVE ASSIGNMENTS, PICK UP VEHICLES, TOOLS, SUPPLIES AND THE LIKE, AND THEN TRAVEL TO ONE OR MORE FACILITIES FOR MAINTENANCE WORK. SIMILARLY (SIC),AT THE END OF THE WORKDAY THEY RETURN TO THE SECTOR OFFICE TO CHECK OUT. THIS WORK SITUATION, EMPLOYEES ARE REQUIRED TO OPERATE VARIOUS TYPES OF VEHICLES AS A NORMAL PART OF OFFICIALLY ASSIGNED DUTIES. THUS TIME SPENT IN TRAVELING FROM THE SECTOR OFFICE TO THE FACILITY OR BETWEEN FACILITIES IS COUNTED AS WORK TIME FOR PAY PURPOSES.'

IN PARAGRAPH 5.C. (1) IT IS ADMINISTRATIVELY DETERMINED THAT THE TOUR OF DUTY OF THE POLICE/GUARDS EXTENDS FROM THE TIME OF REPORTING IN AT A CENTRAL LOCATION UNTIL THEY CHECK OUT AT THE SAME POINT AFTER COMPLETING THEIR WATCH. SUCH A DETERMINATION AS TO WHAT CONSTITUTES HOURS OF WORK WITHIN THE TOUR OF DUTY IS CONSIDERED TO BE PROPERLY WITHIN THE SCOPE OF THE ADMINISTRATOR'S AUTHORITY.

PARAGRAPH 5.C. (2) PROVIDES THAT INCIDENTAL TIME SPENT BY ELECTRONIC MAINTENANCE TECHNICIANS IN DAILY TRAVEL FROM SECTOR OFFICE TO VARIOUS WORK SITES FOLLOWING AN INITIAL REPORTING THERE TO PICK UP TOOLS, VEHICLES, AND SUPPLIES AND RETURN TO THE SECTOR OFFICE AT THE END OF THE WORKDAY IS CONSIDERED TO BE WORK TIME FOR PAY PURPOSES. THIS DETERMINATION IS WITHIN THE SCOPE OF THE DECISION SET FORTH IN B 143074, SEPTEMBER 29, 1960, REFERRED TO BY YOU, WHEREIN IT WAS HELD THAT THE TIME INVOLVED IN DAILY TRAVEL OF A SURVEY PARTY BETWEEN ASSEMBLY POINT AND SURVEY SITE WAS A PART OF THE ESTABLISHED TOUR OF DUTY AND WAS WORK TIME AND COMPENSABLE AS SUCH. ALSO, GENERALLY, SEE 43 COMP. GEN. 273.

UNDER THE CONDITIONS SET FORTH IN THE PROPOSED AMENDMENT THIS OFFICE WOULD HAVE NO OBJECTION TO ..END :