B-156150, MAR. 25, 1965

B-156150, MAR. 25, 1965

TO 1ST LIEUTENANT JAMES S. PEAVEY:

YOUR LETTER OF NOVEMBER 30, 1964, RECEIVED HERE FEBRUARY 15, 1965, REQUESTS OUR DECISION WHETHER PAYMENT AT OVERTIME RATES MAY BE MADE TO ADHEMAR A. MADORE, AN EMPLOYEE OF THE CASWELL AIR FORCE STATION, MAINE, FOR TRAVEL PERFORMED ON SUNDAY, JUNE 28, 1964, A NONWORKDAY.

BY ORDER DATED JUNE 24, 1964, MR. MADORE, A WAGE BOARD EMPLOYEE, WAS AUTHORIZED TO TRAVEL FROM CASWELL AIR FORCE STATION TO BOSTON, MASSACHUSETTS, ON OR ABOUT JUNE 27, AND RETURN, FOR THE PURPOSE OF ATTENDING A HEARING BEFORE THE ARMED SERVICES BOARD OF CONTRACT APPEALS. ELSEWHERE IN THE FILE IT IS STATED THAT THE EMPLOYEE WAS REQUIRED TO REPORT IN BOSTON TO THE ATTORNEY REPRESENTING THE GOVERNMENT AT 9 A.M. MONDAY, JUNE 29.

THE EMPLOYEE DEPARTED HIS HOME IN VAN BUREN, MAINE, VIA PRIVATELY OWNED VEHICLE AT 5:30 A.M. ON SUNDAY, JUNE 28, AND ARRIVED IN BOSTON AT 5:30 P.M. THE SAME DAY. HE RETURNED TO HIS STATION ON THURSDAY, JULY 2, A REGULAR WORK DAY, AND HAS BEEN REIMBURSED FOR TRAVEL EXPENSES AND PER DIEM, AND HAS BEEN COMPENSATED FOR HIS REGULAR WORKWEEK WHICH WAS MONDAY THROUGH FRIDAY. HENCE, THE ONLY QUESTION PRESENTED IS WHETHER HE IS ENTITLED TO OVERTIME FOR TRAVEL PERFORMED DURING REGULARLY SCHEDULED HOURS ON SUNDAY, JUNE 28, THE NONWORKDAY.

SECTION 10 OF AFR 40-523, TO WHICH YOU REFER, PROVIDES IN PERTINENT PART:

"10. SPECIAL PROVISIONS FOR WAGE BOARD OVERTIME PAY. AUTHORITY FOR OVERTIME PAYMENT FOR WAGE BOARD EMPLOYEES (SECTION 23 OF THE ACT OF 28 MARCH 1934) WAS AMENDED BY THE WORK HOURS ACT OF 1962 AND PROVIDES THAT WORK IN EXCESS OF AN 8-HOUR DAY OR 40 HOURS A WEEK IS COMPENSATED FOR AT NOT LESS THAN ONE AND ONE-HALF TIMES THE BASIC PAY RATE. TRAVEL TIME ON NON-WORKDAYS DURING HOURS CORRESPONDING TO THE REGULARLY SCHEDULED WORKDAY HOURS IS COMPENSABLE TIME.'

YOUR DOUBT AS TO THE CLAIMANT'S RIGHT TO COMPENSATION ARISES FROM SECTIONS B-3 AFR 40-545 AND 4C THEREOF WHICH READ, RESPECTIVELY, AS FOLLOWS:

"3. REGULAR TEMPORARY DUTY TRAVEL. OVERTIME IS PAID FOR TIME SPENT IN TRAVEL OUTSIDE OF THE REGULARLY SCHEDULED HOURS OF DUTY ONLY IF ACTUAL WORK IS REQUIRED AND PERFORMED. OVERTIME IS NOT AUTHORIZED IF THE WORK PERFORMED BY TRAVELERS OUTSIDE OF SCHEDULED DUTY TIME IS FOR THEIR OWN CONVENIENCE. EXCEPTIONS TO THESE PROVISIONS ARE DESCRIBED IN THE FOLLOWING PARAGRAPH.

"4. C. EMPLOYEES ASSIGNED TO TEMPORARY DUTY WHERE TRAVEL OUTSIDE THE REGULARLY SCHEDULED TOUR OF DUTY IS REQUIRED AND IS PERFORMED UNDER CONDITIONS REQUIRING OPERATION OF A GOVERNMENT VEHICLE, SPECIAL CONVEYANCE, OR PRIVATELY OWNED VEHICLE AS THE ONLY PRACTICAL MEANS OF ACCOMPLISHING THE ASSIGNMENT, ARE AUTHORIZED OVERTIME.'

YOU POINT OUT THAT SUCH PROVISIONS SEEM TO DENY ENTITLEMENT IN THIS CASE SINCE IT IS NOT SHOWN THAT THE TRAVEL WAS PERFORMED UNDER CONDITIONS WHICH MET THE REQUIREMENTS OF PARAGRAPH "C" QUOTED ABOVE.

WE DO NOT REGARD THE QUOTED PROVISIONS OF AFR 40-545 AS APPLICABLE TO PROPERLY AUTHORIZED OR APPROVED TRAVEL PERFORMED ON NONWORKDAYS DURING HOURS CORRESPONDING TO THE REGULARLY SCHEDULED WORKING HOURS FOR WHICH COMPENSATION IS PRESCRIBED BY AFR 40-523 (10). ANY DOUBTS WHICH MAY HAVE EXISTED IN THE MATTER WERE RESOLVED BY HQ USAF (AFPCPAA) LETTER OF MARCH 23, 1964, ENTITLED "PAY DETERMINATION--- WAGE BOARD EMPLOYEES" IN WHICH IT IS STATED THAT THE LAST SENTENCE IN PARAGRAPH 3 OF AFR 40-545 (QUOTED ABOVE) SHOULD READ "EXCEPTIONS TO THE GENERAL PROVISIONS ARE DESCRIBED IN THE FOLLOWING PARAGRAPH AND THE SPECIAL PROVISIONS OF PARAGRAPH 10, AFR 40 -523 FOR WAGE BOARD EMPLOYEES REQUIRED TO TRAVEL ON NONWORKDAYS.' THE LETTER ALSO STATED THAT AFR 40-545 WOULD BE SO REWORDED WHEN NEXT REVIEWED.

THE EMPLOYEE PERFORMED THE TRAVEL PURSUANT TO PROPER AUTHORIZATION AND IN THE MANNER PRESCRIBED THEREIN. THEREFORE, HE IS ENTITLED TO COMPENSATION AS SET FORTH IN AFR 40-523, AND THE VOUCHER, WITH ATTACHMENTS, IS RETURNED HEREWITH FOR PAYMENT IF OTHERWISE CORRECT.