B-163211, JUL. 31, 1968
Highlights
WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR 63 HOURS OVERTIME DURING WHICH YOU WERE ENGAGED IN OFFICIAL TRAVEL. IT IS YOUR OPINION THAT SUCH TRAVEL INVOLVED THE PERFORMANCE OF WORK AND THAT IT IS THEREFORE REIMBURSABLE UNDER THE PROVISIONS CONTAINED IN SECTION 5542 (B) (2) (B) OF TITLE 5. YOU SAY THAT THE TRAVEL IN QUESTION INVOLVED THE CARRYING OF A GOVERNMENT ISSUED PORTABLE ELECTION KIT AND THE CONTINUOUS CUSTODY OF ELECTION BALLOTS TO BE USED BY YOU WHILE SUPERVISING THE PARTICULAR UNION ELECTION YOU WERE REQUIRED TO CONDUCT UPON YOUR ARRIVAL AT THE ELECTION SITE. THE MERE FACT THAT YOU MAY HAVE HAD CUSTODY OF GOVERNMENT SUPPLIES AND EQUIPMENT WHILE PERFORMING TRAVEL TO THE ELECTION SITE IS NOT REGARDED AS SUFFICIENT TO SATISFY THE REQUIREMENT FOR THE ACTUAL PERFORMANCE OF WORK WHILE TRAVELING.
B-163211, JUL. 31, 1968
TO MR. ALBERT F. PIERLUISSI:
WE REFER TO YOUR LETTER OF JULY 5, 1968, REQUESTING RECONSIDERATION OF THAT PART OF OUR DECISION TO YOU DATED JUNE 20, 1968, B-163211, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR 63 HOURS OVERTIME DURING WHICH YOU WERE ENGAGED IN OFFICIAL TRAVEL.
IT IS YOUR OPINION THAT SUCH TRAVEL INVOLVED THE PERFORMANCE OF WORK AND THAT IT IS THEREFORE REIMBURSABLE UNDER THE PROVISIONS CONTAINED IN SECTION 5542 (B) (2) (B) OF TITLE 5, UNITED STATES CODE. SPECIFICALLY, YOU SAY THAT THE TRAVEL IN QUESTION INVOLVED THE CARRYING OF A GOVERNMENT ISSUED PORTABLE ELECTION KIT AND THE CONTINUOUS CUSTODY OF ELECTION BALLOTS TO BE USED BY YOU WHILE SUPERVISING THE PARTICULAR UNION ELECTION YOU WERE REQUIRED TO CONDUCT UPON YOUR ARRIVAL AT THE ELECTION SITE.
THE MERE FACT THAT YOU MAY HAVE HAD CUSTODY OF GOVERNMENT SUPPLIES AND EQUIPMENT WHILE PERFORMING TRAVEL TO THE ELECTION SITE IS NOT REGARDED AS SUFFICIENT TO SATISFY THE REQUIREMENT FOR THE ACTUAL PERFORMANCE OF WORK WHILE TRAVELING. SEE 40 COMP. GEN. 439; UNPUBLISHED DECISION OF AUGUST 6, 1963, B-152014; AND UNPUBLISHED DECISION OF NOVEMBER 29, 1965, B-157980.
ACCORDINGLY, UPON RECONSIDERATION OUR DECISION OF JUNE 20, 1968, SUSTAINING THE DISALLOWANCE OF THAT PART OF YOUR CLAIM FOR OVERTIME COMPENSATION WHILE ENGAGED IN OFFICIAL TRAVEL IS AFFIRMED.
AS TO REVIEW OF OUR DECISIONS YOU ARE ADVISED THAT SUCH DECISIONS ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT AND THERE IS NO SPECIFIC PROVISION OF LAW FOR REVIEW BY THE COURTS. HOWEVER, WE INVITE YOUR ATTENTION TO THE JURISDICTION OF THE UNITED STATES DISTRICT COURTS AND THE UNITED STATES COURT OF CLAIMS, 28 U.S.C. 1346 AND 1491.