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B-184896 1 (1976-08-13)

handle is hein.gao/gaobaddhw0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION ~OF THE UNITED STATES WASHINGTON. D. . 20548 FILE: DATE: AUG 13 1976 B-184896 MATTER OF: John B. Lutton -- Compensation for travel to and from official duty station DIGEST: Employee seeks overtime compensation for average time spent in travel by Government owned boat to and from island prison. Departure of boat was occasionally delayed to allow employees to com- plete duties. Docking of boat at mainland was occasionally delayed until inmate count verified. Even if delays are considered to be for employer's benefit, they do not transform what is otherwise noncompensabletravel time into compensable over- time since delays were only occasional and time involved was de minimis. This matter involves an appeal by John B. Lutton of the dis- allowance of his claim for overtime compensation for time spent travelin g to and from work by our Transportation and Claims Divi- sion (now Claims Division) dated June 26, 1975, Settlement Cer- tificate No. Z-2555742. Mr. Lutton is an employee of the U.S. Penitentiary, McNeil Island, Steilacoom, Washington. In order to get from Steilacoom on the mainland to the prison on tcNeil Island, Mr. Lutton and other prison employees rode a boat operated by the Bureau of Prisons. In addition to the twenty-minute ride on the Bureau of Prisons' shuttle, it took Mr. Lutton ten minutes to walk from the shuttle to his assigned post. Since travel at the end of each eight hour working day was also involved, Mr. Lutton claims overtime compensation at the rate of one hour per working day for the ten years prior to July 30, 1974, the date his claim was received at the General Accounting Office. The record shows that the departure of the shuttle from the island was occasionally delayed to allow some of the employees to complete their duties prior to the departure of the boat. Further- more, it was the policy to delay docking of the boat at the main- land until the boat officer was notified that the irmate count at the institution was correct. This would enable the shuttle to re- turn to the island with the correctional officers in the event that an imate was not accounted for. The procedure occasionally resulted in the employees being held on the boat for a period that exceeded the normal travel time. In response to complaints, additional correctional officers were assigned to verify the inmate count, thus enabling the count to be verified prior to the arrival of the shuttle at the, mainland.

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