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B-156043, MAR. 3, 1965

B-156043 Mar 03, 1965
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YOU WERE AUTHORIZED TO TRAVEL WITH YOUR DEPENDENT MOTHER FROM SANTURCE. TRAVEL WAS TO BE PERFORMED IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THE RECORD SHOWS THAT TWO GOVERNMENT BILLS OF LADING WERE ISSUED AUTHORIZING THE TRANSPORTATION OF YOUR EFFECTS. THE WEIGHT OF THE HOUSEHOLD GOODS YOU SHIPPED DIRECT TO DETROIT WAS 900 POUNDS GROSS. THE BALANCE OF YOUR HOUSEHOLD GOODS WHICH WAS SHIPPED TO DETROIT. ARE AS FOLLOWS: "SEC. 17. IN CASE DOOR-TO-DOOR COMMON CARRIER RATES ARE NOT APPLICABLE. WAS INCORRECTLY COMPUTED IN THAT. SINCE YOU WERE ENTITLED UNDER THE ABOVE-CITED STATUTE AND REGULATION TO SHIP 7. YOU WOULD ONLY BE ENTITLED TO REIMBURSEMENT ON THE BASIS OF THE ABOVE FIGURES WHICH ARE COMPUTED ON A DIRECT ROUTE FROM SANTURCE.

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B-156043, MAR. 3, 1965

TO MRS. MARIE B. POSITION:

THIS REFERS TO YOUR LETTERS OF JANUARY 25 AND JANUARY 26, 1965, WITH ENCLOSURES, REQUESTING THAT WE RECONSIDER OUR OFFICE SETTLEMENT OF JULY 3, 1962, WHICH DISALLOWED A PORTION OF YOUR CLAIM FOR EXPENSES INCURRED IN CONNECTION WITH THE TRANSPORTATION OF YOUR PERSONAL AND HOUSEHOLD EFFECTS INCIDENT TO YOUR TRANSFER OF OFFICIAL STATION.

BY TRANSFER ORDER NO. 61-79, DATED MAY 4, 1961, YOU WERE AUTHORIZED TO TRAVEL WITH YOUR DEPENDENT MOTHER FROM SANTURCE, PUERTO RICO, TO DETROIT, MICHIGAN, FOR THE PURPOSE OF EFFECTING A CHANGE IN OFFICIAL STATION. TRAVEL WAS TO BE PERFORMED IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THE AUTHORIZATION INCLUDED THE COST OF TRANSPORTING YOUR HOUSEHOLD GOODS IN ACCORDANCE WITH EXISTING RULES AND REGULATIONS APPLICABLE THERETO.

THE RECORD SHOWS THAT TWO GOVERNMENT BILLS OF LADING WERE ISSUED AUTHORIZING THE TRANSPORTATION OF YOUR EFFECTS. ONE AUTHORIZED THE TRANSPORTATION OF YOUR EFFECTS TO DETROIT, MICHIGAN, AND THE OTHER AUTHORIZED THE TRANSPORTATION OF YOUR EFFECTS TO WASHINGTON, D.C. THE WEIGHT OF THE HOUSEHOLD GOODS YOU SHIPPED DIRECT TO DETROIT WAS 900 POUNDS GROSS, 250 POUNDS TARE OR 650 POUNDS NET. THE BALANCE OF YOUR HOUSEHOLD GOODS WHICH WAS SHIPPED TO DETROIT, MICHIGAN, VIA WASHINGTON, D.C., CONSISTED OF 19,400 POUNDS GROSS, 10,500 POUNDSTARE OR 8,900 POUNDS NET.

THE GOVERNMENT HAS EXPENDED $2,176.53 FOR THE TRANSPORTATION AND STORAGE OF YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS WHICH CONSISTED OF A TOTAL OF 9,550 POUNDS NET PLUS TRANSPORTATION OF EXCESS AIR BAGGAGE. SECTION 1, PUB.L. 600, 60 STAT. 806, AND EXECUTIVE ORDER NO. 9805, AS AMENDED, PROMULGATED THEREUNDER, IN EFFECT AT THE TIME OF THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS, GOVERN THE ALLOWANCES AND PAYMENT FROM GOVERNMENT FUNDS FOR EXPENSES AND TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT TO OR FROM POINTS OUTSIDE THE CONTINENTAL UNITED STATES. BOTH THE STATUTE AND THE EXECUTIVE ORDER LIMIT THE WEIGHT OF THE GOODS AND EFFECTS WHICH MAY BE TRANSPORTED AT GOVERNMENT EXPENSE TO 7,000 POUNDS NET OF EMPLOYEES WITH FAMILIES. THE PERTINENT PORTIONS OF TITLE III OF THE EXECUTIVE ORDER, AS AMENDED, GOVERNING THE TRANSPORTATION OF GOODS AND EFFECTS TO OR FROM POINTS OUTSIDE THE CONTINENTAL UNITED STATES, ARE AS FOLLOWS:

"SEC. 17. MAXIMUM ALLOWANCE FOR TRANSPORTATION. (A) WEIGHT. THE ACTUAL COSTS OF TRANSPORTATION OF THE HOUSEHOLD GOODS AND PERSONAL EFFECTS OF THE EMPLOYEE, NOT IN EXCESS OF 7,000 POUNDS NET, AND OF THE PACKING CRATES, BOXES, LIFT VANS, OR OTHER TEMPORARY CONTAINERS REQUIRED FOR THE SHIPMENT, SHALL BE ALLOWED IN THE CASE OF TRANSFERS TO OR FROM POINTS OUTSIDE THE CONTINENTAL UNITED STATES: * * *

"SEC. 18. ALLOWANCES FOR PACKING, CRATING, UNPACKING, AND UNCRATING. THE ACTUAL COSTS OF PACKING, CRATING, UNPACKING, AND UNCRATING (NOT TO EXCEED THE AUTHORIZED WEIGHT) SHALL BE ALLOWED.

"SEC. 19. ALLOWANCES FOR DRAYAGE. IN CASE DOOR-TO-DOOR COMMON CARRIER RATES ARE NOT APPLICABLE, THE ACTUAL COSTS OF DRAYAGE (NOT TO EXCEED THE AUTHORIZED WEIGHT) TO AND FROM THE COMMON CARRIER SHALL BE ALLOWED.

"SEC. 20. TEMPORARY STORAGE. THE ACTUAL EXPENSES OF TEMPORARY STORAGE (NOT TO EXCEED THE AUTHORIZED WEIGHT) FOR NOT TO EXCEED SIXTY DAYS, SHALL BE ALLOWED.'

OUR SETTLEMENT OF JULY 3, 1962, WAS INCORRECTLY COMPUTED IN THAT, AMONG OTHER THINGS, IT FAILED TO TAKE INTO CONSIDERATION THE APPLICABLE WEIGHT LIMITATION. SINCE YOU WERE ENTITLED UNDER THE ABOVE-CITED STATUTE AND REGULATION TO SHIP 7,000 POUNDS NET OF HOUSEHOLD GOODS AND PERSONAL EFFECTS AT GOVERNMENT EXPENSE AND YOU ACTUALLY SHIPPED 8,900 POUNDS NET TO DETROIT, MICHIGAN, VIA WASHINGTON, D.C., AND 650 POUNDS NET DIRECT TO DETROIT, MICHIGAN, YOU WOULD BE ENTITLED TO REIMBURSEMENT AS FOLLOWS:

TABLE

TRANSPORTATION 7,000 LBS. SANTURCE,

PUERTO RICO TO DETROIT, MICHIGAN

AT $26.60 CWT. (THRU RATE) $1,862.00

STORAGE AT DETROIT

7000 LBS. AT $ .50 CWT. $35.00

7000 LBS. HANDLING

AT $ .50 CWT. 35.00

7000 LBS. DELIVERY INTO

STORAGE AT $1.00 CWT. 70.00

140.00

16 LBS. EXCESS BAGGAGE EACH -

AIR - PUERTO RICO TO DETROIT -

TWO PERSONS $7.93 EACH 15.86

TOTAL AMOUNT ENTITLED TO FOR

SHIPMENT OF HOUSEHOLD GOODS

AND PERSONAL EFFECTS $2,017.86

EVEN IF YOUR HOUSEHOLD GOODS HAD BEEN SHIPPED ON ONE BILL OF LADING TO DETROIT VIA WASHINGTON, D.C., FOR STORAGE AS DIRECTED BY YOU, YOU WOULD ONLY BE ENTITLED TO REIMBURSEMENT ON THE BASIS OF THE ABOVE FIGURES WHICH ARE COMPUTED ON A DIRECT ROUTE FROM SANTURCE, PUERTO RICO, TO DETROIT, MICHIGAN. IT WILL BE NOTED THAT THE "THRU RATE" ($26.60 CWT.) INCLUDES PICKUP AND PACKING AT ORIGIN AND DELIVERY AND UNPACKING AT DESTINATION.

CONCERNING YOUR STATEMENT THAT AN ADMINISTRATIVE ERROR HAD BEEN COMMITTED IN NOT AUTHORIZING AN EXCESS WEIGHT ALLOWANCE (APPARENTLY PERTAINS TO EXCESS BAGGAGE CHARGE FOR AIR TRAVEL NOT AUTHORIZED IN THE TRAVEL ORDER) WE ARE NOT AWARE OF ANY SUCH ERROR HAVING BEEN COMMITTED. THE CORRESPONDENCE FROM THE NATIONAL LABOR RELATIONS BOARD FAILS TO INDICATE WHETHER CONSIDERATION WAS GIVEN TO APPROVAL OF THE EXCESS BAGGAGE CHARGES AFTER THEY WERE INCURRED. IN THAT CONNECTION, PARAGRAPH 5.2 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES IN PART AS FOLLOWS:

"5.2. EXCESS BAGGAGE.--- BAGGAGE IN EXCESS OF THE WEIGHT OR OF SIZE GREATER THAN CARRIED FREE BY TRANSPORTATION COMPANIES WILL BE CLASSED AS EXCESS BAGGAGE. WHERE AIR-COACH OR AIR-TOURIST ACCOMMODATIONS ARE USED, TRANSPORTATION OF BAGGAGE UP TO THE WEIGHT CARRIED FREE ON FIRST-CLASS SERVICE IS AUTHORIZED WITHOUT CHARGE TO THE TRAVELER; OTHERWISE EXCESS BAGGAGE CHARGES WILL BE ALLOWED WHEN AUTHORIZED OR APPROVED. * * *"

THE RECORD SHOWS THAT YOU TRAVELED TOURIST CLASS FROM PUERTO RICO TO DETROIT, MICHIGAN, VIA WASHINGTON, D.C. WE HAVE BEEN INFORMALLY ADVISED BY THE PAN AMERICAN AIRWAYS THAT FIRST-CLASS PASSENGERS ARE ENTITLED TO 60 POUNDS OF BAGGAGE FREE AND TOURIST-CLASS PASSENGERS ARE ENTITLED TO 44 POUNDS OF BAGGAGE FREE FROM PUERTO RICO TO DETROIT, MICHIGAN. THEREFORE, YOU ARE ENTITLED TO CREDIT FOR THE TRANSPORTATION OF 32 POUNDS OF EXCESS BAGGAGE (TWO PERSONS) AT GOVERNMENT EXPENSE WHEN TRAVELING TOURIST CLASS.

THE RECORD SHOWS THAT THE GOVERNMENT HAS EXPENDED $2,176.53 FOR TRANSPORTATION OF YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS INCLUDING THE AMOUNT OF $77.15 ALLOWED ON SETTLEMENT OF JULY 3, 1962. UNDER THE RECOMPUTATION YOU ARE ENTITLED TO REIMBURSEMENT OF $2,017.86 WHICH LEAVES AN OVERPAYMENT OF $158.67.

WE ARE FORWARDING A COPY OF THIS DECISION TO THE NATIONAL LABOR RELATIONS BOARD IN ORDER THAT THE DECISION MAY BE USED FOR THE RECOMPUTATION OF REPAYMENT OF TRAVEL ADVANCEMENTS AND DETERMINATION OF YOUR FINAL INDEBTEDNESS TO THE UNITED STATES.

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