B-176878, OCT 26, 1972

B-176878, OCT 26, 1972

CIVILIAN PERSONNEL - OVERTIME COMPENSATION - TRAVEL TIME DECISION DENYING THE CLAIM OF BEN H. BODILY FOR OVERTIME COMPENSATION FOR TIME SPENT IN TRAVEL AS AN EMPLOYEE AT HILL AFB, UTAH. WHERE THE RESPONSIBILITY FOR SCHEDULING TEMPORARY DUTY WAS WITHIN THE ADMINISTRATIVE CONTROL OF THE AGENCY FOR WHICH SUCH DUTY WAS PERFORMED, TRAVEL TIME TO THE TEMPORARY DUTY LOCATION DOES NOT QUALIFY FOR OVERTIME COMPENSATION UNDER 5 U.S.C. 5544(A) EVEN IF THE ORGANIZATIONAL UNIT TO WHICH THE EMPLOYEE WAS ASSIGNED DID NOT HAVE CONTROL OVER THE SCHEDULING.

TO MR. BEN H. BODILY:

REFERENCE IS MADE TO HEADQUARTERS OGDEN AIR MATERIEL AREA LETTER OF JULY 19, 1972, SUBJECT CLAIM NO. Z-2445897 REQUESTING ON YOUR BEHALF REVIEW AND RECONSIDERATION OF A SETTLEMENT BY OUR TRANSPORTATION AND CLAIMS DIVISION DATED JULY 13, 1972, THAT DISALLOWED YOUR CLAIM.

THE RECORD INDICATES YOU, AS CLAIMANT, WERE EMPLOYED BY THE DEPARTMENT OF THE AIR FORCE AT HILL AIR FORCE BASE, UTAH, AS AN ELECTRICAL-MECHANICAL EQUIPMENT SPECIALIST FOREMAN, GRADE WS-10, AT THE TIME THE CLAIM AROSE. YOU WERE ALSO CHIEF OF AN EMERGENCY RESPONSE DEPOT TEAM (ERDT) WHICH HAD THE MISSION OF SUPPORTING CERTAIN DESIGNATED MISSILE LAUNCHING SITES IN THE WESTERN UNITED STATES.

STANDING EMERGENCY PROCEDURES REQUIRE A LAUNCHING SITE EXPERIENCING A PROPELLANT LEAK TO REQUEST HILL AIR FORCE BASE TO DISPATCH AN EMERGENCY RESPONSE DEPOT TEAM BY AIR TO PERFORM IMMEDIATE REPAIRS ON THE DEFECTIVE MISSILE FUEL SUPPLY SYSTEM. ON JANUARY 29, 1970, AT 3:30 P.M. THE HILL AIR FORCE BASE COMMAND POST RECEIVED SUCH A CALL REQUESTING THAT A TEAM BE DISPATCHED IMMEDIATELY TO VANDENBERG AIR FORCE BASE, CALIFORNIA. UNKNOWN TO THE HILL AIR FORCE BASE OFFICIALS, THIS CALL WAS PART OF AN EXERCISE DESIGNED TO TEST AND EVALUATE READINESS OF THE TEAM, AND THE CONDITION AT VANDENBERG AIR FORCE BASE, TO WHICH THE CALL REFERRED, WAS ONLY A SIMULATED EMERGENCY. THE ERDT MEMBERS WERE HASTILY CALLED TOGETHER AND QUICKLY SENT ON THEIR WAY TO VANDENBERG AIR FORCE BASE WHICH REQUIRED TRAVEL AFTER THEIR NORMAL WORKING HOURS OF 4 3/4 HOURS. THEY WERE MET AND QUARTERED ON THE BASE OVERNIGHT AND BEGAN THEIR RETURN TRIP TO HILL AIR FORCE BASE ON FRIDAY AFTERNOON, JANUARY 30, 1970. THEY ARRIVED 3 3/4 HOURS AFTER THEIR NORMAL WORKING HOURS, A TOTAL OF 8 1/2 HOURS OVERTIME TRAVEL FOR THE ROUND TRIP. THIS 8 1/2 HOURS IS THE BASIS FOR THE PRESENT CLAIM.

OVERTIME COMPENSATION FOR WAGE BOARD EMPLOYEES, SUCH AS YOURSELF, AS CLAIMANT IN THIS CASE, IS GOVERNED BY THE PROVISIONS OF 5 U.S.C. 5544(A) AND READS IN PERTINENT PART:

"*** TIME SPENT IN A TRAVEL STATUS AWAY FROM THE OFFICIAL DUTY STATION OF AN EMPLOYEE SUBJECT TO THIS SUBSECTION IS NOT HOURS OF WORK UNLESS THE TRAVEL (I) INVOLVES THE PERFORMANCE OF WORK WHILE TRAVELING, (II) IS INCIDENT TO TRAVEL THAT INVOLVES THE PERFORMANCE OF WORK WHILE TRAVELING, (III) IS CARRIED OUT UNDER ARDUOUS CONDITIONS, OR (IV) RESULTS FROM AN EVENT WHICH COULD NOT BE SCHEDULED OR CONTROLLED ADMINISTRATIVELY."

THE SPECIFIC LANGUAGE OF THE AFOREMENTIONED STATUTE THAT REQUIRES INTERPRETATION IS "*** (IV) RESULTS FROM AN EVENT WHICH COULD NOT BE SCHEDULED OR CONTROLLED ADMINISTRATIVELY."

IN SUPPORT OF YOUR CLAIM IT IS CONTENDED THAT THE TELEPHONE CALL THAT PRECIPITATED YOUR TRAVEL ORIGINATED FROM ANOTHER AIR FORCE BASE AND NO ONE AT YOUR BASE WAS AWARE THAT THE EMERGENCY WAS SIMULATED. IT IS ARGUED, THEREFORE, THAT YOUR TRAVEL COULD NOT HAVE BEEN SCHEDULED OR ADMINISTRATIVELY CONTROLLED AND FOR THIS REASON YOU SHOULD BE ENTITLED TO OVERTIME TRAVEL PAY.

THE ISSUE PRESENTED CONCERNS THE APPROPRIATE ORGANIZATIONAL LEVEL AT WHICH RESPONSIBILITY IS FIXED FOR SCHEDULING OR ADMINISTRATIVELY CONTROLLING EVENTS THAT WILL PRECLUDE THE NECESSITY FOR OVERTIME TRAVEL.

WE DO NOT VIEW THE FACT THAT THE ORDER FOR THE WORK AROSE FROM A REQUEST FROM AN ORGANIZATIONAL UNIT OTHER THAN THE ONE TO WHICH THE EMPLOYEE WAS ASSIGNED AS QUALIFYING THE TRAVEL FOR OVERTIME PAY. IN 49 COMP. GEN. 209 (1969) THERE WAS CONSIDERED THE SITUATION WHERE THE PHILADELPHIA NAVAL SHIPYARD LEVIED AN URGENT SHIP REPAIR REQUIREMENT ON THE NAVAL ORDNANCE STATION, LOUISVILLE, KENTUCKY, WHICH NECESSITATED ORDNANCE STATION EMPLOYEES TO PERFORM OVERTIME TRAVEL SO AS TO MAKE REPAIRS PRIOR TO THE SCHEDULED SAILING DATE OF THE SHIP. THERE WE HELD THAT, "THE TIME FOR SCHEDULING OF THE REPAIR WAS COMPLETELY WITHIN THE ADMINISTRATIVE CONTROL OF THE DEPARTMENT OF THE NAVY. UNDER THE CIRCUMSTANCES, WE ARE OF THE OPINION THAT THE TRAVEL *** IS NOT CONSIDERED TO BE WORK UNDER *** CONDITION 'IV' OF 5 U.S.C. 5544(A)." SEE ALSO B-170743, NOVEMBER 30, 1970, AND B-163654, APRIL 19, 1968.

IN LINE WITH THE ABOVE DECISION, IT LIKEWISE MUST BE CONCLUDED THE EVENT HERE INVOLVED WAS ONE WITHIN THE ADMINISTRATIVE CONTROL OF THE DEPARTMENT OF THE AIR FORCE, ALBEIT NOT WITHIN THE CONTROL OF THE ORGANIZATIONAL LEVEL IN WHICH YOU WERE ASSIGNED, AND THEREFORE TRAVEL TIME DOES NOT QUALIFY FOR OVERTIME PAY WITHIN THE PROVISIONS OF 5 U.S.C. 5544(A).

IN VIEW OF THE FOREGOING, DENIAL OF OVERTIME FOR THE PERIOD OF TRAVEL BY OUR TRANSPORTATION AND CLAIMS DIVISION WAS PROPER AND IS HEREBY SUSTAINED.