Skip to main content

[Claim for Overtime Pay for Travel of Air Safety Investigators To and From Accidents]

B-172733 Sep 24, 1982
Jump To:
Skip to Highlights

Highlights

The National Transportation Safety Board (NTSB) requested GAO approval to pay air safety investigators overtime compensation for travel consistent with the principles established by the court. Air safety investigators investigate and attempt to prevent accidents involving U.S. aircraft anywhere in the world and accidents involving foreign aircraft in the United States. In addition, they establish programs and procedures for accident reporting and notification. At issue here is whether they may be paid overtime compensation for travel to and from the scene of accidents when it is performed beyond their regularly scheduled workweek. In 1970, GAO held that investigators could not be paid overtime compensation for travel on commercial airlines unless they occupied the jump-seat in the cockpit and that travel, when they piloted aircraft to their work, was not arduous and therefore not compensable. The claimants pursued the issue in the Court of Claims, and the court found that their travel in commercial aircraft and automobiles and travel while piloting planes could be considered compensable overtime under certain circumstances. None of the claimants appealed the prior GAO decision, and judgments were entered for them by the court. NTSB recommended payment of those portions of the overtime claims which occurred before April 1965 and which were barred from consideration by the court under the statute of limitations, but which may be administratively considered because they previously were filed with GAO. GAO held that: (1) payments of overtime compensation for access-to-aircraft travel may be made but should not include travel during which work was not performed; (2) where investigators performed investigative functions and were working while traveling to and from accidents as fare-paying customers, such travel was compensable as overtime, and payments may be administratively made; (3) where investigators traveled by automobile or piloted their own planes and performed investigative functions, they were performing compensable overtime; and (4) if an investigator is ordered to personally transport documents, equipment, and exhibits to protect their integrity, such time is considered compensable. Accordingly, NTSB may administratively settle the overtime compensation for travel occurring prior to April 1965. Accordingly, the 1970 decision will no longer be followed.

Downloads

GAO Contacts

Office of Public Affairs