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B-199456 1 (1981-03-30)

handle is hein.gao/gaobadjgm0001 and id is 1 raw text is: THE COMPTROLLE GENERAL OF THE UNITEO STATEB SWASHINGTON, D.C. 20548 FILE: B-19' MATTER OF: DIGEST: 456 i DATE: March 30, 1981 Donna Berry opns~tion for traveltime '-I J Employee traveled by commercial air carrier on a legal holiday, Thanksgiving Day, where reservation for return travel on the previous day was canceled as a result of extension of administrative hearing at which employee appeared as a witness. Since the return travel did not result from an administratively uncontrollable event within the meaning of 5 U.S.C. 5542(b)(2)(B), and since it does not otherwise qualify as hours of employment under 5 U.S.C. 5542(b)(2)(A), employee is not entitled to pay under section 5542 or 5546 of title 5 for the traveltime involved. This action concerns the request of Mr. Alfred M. Zuck, Assistant Secretary for Administration and Management, Department of Labor, as tolihether Ms. Donna Berry,3an employee of the Department's Occupational Safety and Health Administration,.may be paid premium pay for time spent in travel on aiholiday. The record shows that in November 1979,'4Ms. Berry was on an official duty assignment in Springf:ield, Massachusetts, incident to her appearance as a witness in an administrative hearing. I She had reservations for air travel on Wednesday, November 21, for her return to her official duty station in Columbus, Ohio. An extention of the hearing required that she cancel the return reservations. Because of the Thanksgiving holiday travel demand the only return reservations available were on Thursday November 22, Thanksgiving Day or on the following Tuesday. (The employee elected to travel on Thanksgiving Day, a legal holiday, and has submitted a claim for 7 1/2 hours of premium pay for travel on that day between the hours of 1:05 p.m. and 6:29 p.m. The agency advises that this claim is based on the employee's contention that this return travel resulted from an 9

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