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B-175608 1 (1973-01-22)

handle is hein.gao/gaobadduq0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C.. 20548 -175608 January 22, 1973 Mr. Steve F. BelUler Authorized Certifying Officer Financial Management Division Agricultural Marketing Service United States Department of Agriculture Dear Mr. Beller: We refer to your letter of September 20, 1972, requesting our. further consideration of Mr. Dick Gamble's claim for overtime compen- sation for time spent in a travel status which was the subject of our decision B-175608, June 19, 1972, addressed to you. You state that in reliance upon our holding in 50 Comp. Gen. 519 (1971) (fourth case, page 525), the Consumer and Marketing Service (C&MS) has authorized payments of overtime compensation for travel by graders and inspectors outside the metropolitan area of their duty stations to provide services as requested by applicants since such travel time was not viewed as subject to agency control. In view of our decision in B-175608 which held that travel under what you con- sider to be similar circumstances was subject to agency control, you now ask whether payments made in reliance upon 50 Comp. Gen. 519 were in error. You indicate that the circumstances of Mr. Albert W. Chumley's travel, 50 Comp. Gen. 519, and Mr. Gamble's travel, B-175608, are considered by C&MS to be identical in terms of the event that neces- sitated the travel. In this regard you state: ** * * In both cases, the Agency was responding to requests of applicants for grading service. The fact that, where possible, Agency policy is to assign graders to service certain plants on a rotational basis does not seem to us to give the Agency control - of the hours the graders' services will be required. We merely determine which grader will be sent to pro- vide services at the times requested by the plants. If, in the course of assigning a grader designated to service a plant during a specified calendar period, PUELISHED DECISION 52 Comp. Gen.

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