B-168502, JAN. 9, 1970

B-168502, JAN. 9, 1970

CIVIL PAY--TRANSFERS V. DETAILS--PER DIEM DECISION TO AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES SUSTAINING DISALLOWANCE OF CLAIMS OF EMPLOYEES OF IMMIGRATION AND NATURALIZATION SERVICE FOR PER DIEM. EMPLOYEES WHO WERE TRANSFERRED FROM MARFA, TEXAS TO CALEXICO, CALIFORNIA AND ATTENDED TRAINING SCHOOL AND THEN, AT THEIR REQUEST, WERE TRANSFERRED BACK TO MARFA WHILE OTHERS ATTENDING SCHOOL WERE MERELY DETAILED MUST HAVE TRANSFERS REGARDED AS FIRM AND WITHIN THE BROAD EMPLOYMENT AUTHORITY OF THE AGENCY. THEREFORE CLAIMS FOR PER DIEM DURING THE TRANSFER TRAINING PERIOD WERE PROPERLY DISALLOWED.

TO MR. GEORGE R. BOSS:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 19, 1969, REQUESTING RECONSIDERATION OF THE CLAIMS OF MR. CLIFFORD L. ADKINS, MR. SCOTT O. SMITH AND MR. JOSEPH E. BURER, FOR PER DIEM OF $16 PER DAY DURING THE PERIOD OCTOBER 31, 1967, THROUGH JANUARY 7, 1968, AS EMPLOYEES OF THE IMMIGRATION AND NATURALIZATION SERVICE, WHICH CLAIMS WERE DISALLOWED BY OUR OFFICE SETTLEMENTS OF OCTOBER 20, 1969.

THE FACTS SET FORTH IN THE SETTLEMENT ACTIONS OF OCTOBER 20 WILL BE REPEATED HERE ONLY TO THE EXTENT NECESSARY TO RECONSIDER YOUR REQUEST.

YOU NOW URGE THAT SINCE STAFF MEMBERS FROM LOS FRESNOS, TEXAS, WERE DETAILED TO THE TRAINING ACTIVITY AT CALEXICO, CALIFORNIA, WITH PER DIEM OF $16 PER DAY AND RETURNED AFTER TERMINATION OF THE DETAIL TO THE MARFA DISTRICT THAT THE THREE EMPLOYEES HERE INVOLVED ALSO SHOULD HAVE BEEN SO DETAILED. YOU FEEL THAT THERE IS NO DIFFERENCE IN THE SITUATION OF THE CLAIMANTS AND THE STAFF MEMBERS AND THAT IN FACT NO TRUE TRANSFERS OCCURRED.

THE ADMINISTRATIVE AGENCY, HOWEVER, REPORTS THAT THE TRAINING CENTERS AT CALEXICO AND CHULA VISTA, CALIFORNIA, FOR NEW PATROLMEN WERE EMERGENCY TRAINING SCHOOLS AND INVOLVED ABOUT 50 TRAINEES, MOST OF WHOM WERE STATIONED AT OR NEAR THE EMERGENCY CENTERS. THE TRANSFERS OF THE THREE EMPLOYEES TO THE BORDER PATROL STATION AT CALEXICO ARE STATED TO HAVE BEEN FIRM TRANSFERS FROM MARFA, TEXAS, TO CALEXICO ALTHOUGH THE TRANSFERS WERE TIMED SO THEY COULD ATTEND THE TRAINING AT CALEXICO. THE AGENCY STATES THAT IT HAD NO PLANS AT THAT TIME TO RETURN THE EMPLOYEES TO MARFA. FACT, IT WAS ONLY THROUGH THE REQUEST OF THE EMPLOYEES TO THE CHIEF PATROL INSPECTOR AT MARFA, AFTER TRAINING WAS COMPLETED, THAT THEY WERE RETRANSFERRED TO THAT STATION.

THE EMPLOYEES RECEIVED CAREER CONDITIONAL APPOINTMENTS AS IMMIGRATION PATROL INSPECTORS RATHER THAN BEING HIRED UNDER CONTRACT. ABSENT THE VIOLATION OF A LAW OR REGULATION THE EMPLOYING AGENCY HAS BROAD AUTHORITY TO ASSIGN DUTIES, DETERMINE WHETHER TO TRANSFER OR DETAIL, AND TO PRESCRIBE NECESSARY TRAINING.

ACCORDINGLY, OUR SETTLEMENT ACTIONS OF OCTOBER 20, 1969, DISALLOWING THE CLAIMS ARE SUSTAINED.