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B-201084,B-201085 1 (1981-10-09)

handle is hein.gao/gaobadjue0001 and id is 1 raw text is: 


                  4, 41
                         THE COMPTROLLER GENERAL
'DECISION     .          OF THE UNITED STATES
                       WASHINGTON. 0.C. 20548



FILE: B-201084 and B-201085    DATE: October 9, 1981

MATTER OF: Dwain L. Baxter and H. Russell Hunter


DIGEST:   FAA employees assigned to remote radar site
          at Sawtelle Peak, Idaho, are entitled to be
          compensated for travel time to and from
          Ashton, Idaho, where employees are required
          to pick up and return Government vehicles
          and other special purpose vehicles necessary
          to negotiate route to radar site. This duty
          is an inherent part of and inseparable from
          their work and is compensable as hours of
          work under 5 U.S.C. § 5542(b)(2).

      By letters dated June 2, 1980 and May 23, 1980,
 Messrs. Dwain L. Baxter and H. Russell Hunter, employ-
 ees of the Federal Aviation Administration (FAA),
 Western Region, appeal the determination of our Claims
 Group, dated April 10, 1980, which disallowed their
 claims for additional overtime compensation for the
 period January 1967, to December 1974. The claims are
 for overtime compensation under the provisions of the
 Federal Employees Pay Act of 1945, as amended, 5 U.S.C.
 S 5542 (1970), for time spent in a standby duty status
 at the Sawteile Peak, Idaho, radar facility. The em-
 ployees were found to have been entitled to overtime
 compensation and were paid in August 1975. The essence
 of the present appeal is that travel time, under the
 circumstances to be enumerated below, should also be
 considered compensable time in calculating the employees
 overtime.

      For the reasons which follow, we believe the travel
 time should be considered compensable hours of work, and
 the employees are, therefore, due additional compensation.

      The FAA paid both claimants for the overtime duty
 based on a formula approved by our Office. The formula
 equated standby time to the total elapsed time minus
 the hours for which the claimants had already been com-
 pensated with regular or overtime pay, minus 8 hours
 for each 24-hour period in accordance with the two-
 thirds rule, under which an employee who is required

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