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B-204709 1 (1982-03-23)

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FILE: B-20470

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DATE:


March 23,


2982


U.,S, Immigration & Naturalization Service
Employees Lodge #46 - Reimbursement of
Actual Subsistence Expenses


Emplbyees were assigned to temporary duty
in Kent and Ottawa gountiep in Hichigon
but lodged at Kalamazoo, Michigan, which
is not In either of those two counties,
Employees' travel orders authorized reir-
bursement for actual subsistence expenses,
but their olaims for such expenses were
denied pursuant to FTR paragraph 1-8,lb,
which prohibits reimbursement for suh
expenses when the high rate geographical
area Is only an en 'oute stopover point
at which .no official duty is performed.
The emplbyees should be reimbursed for
actual subsistence expenses since the
record indicates that official duties were
perfotmed in Kalamazoo,  Thus, Kalamazoo
was not an intermediate stopover point
as cohtemplated by the;FTR,  Also, FTR
paragraph l-8.lc(3)(d) permits reimburse-
ment of actual subsistence expenses in
situations similar to this.


     This dec-ision responds to'a submissibn fromthe
U.S. Imm.gration and Naturalization Service Employees
Lodge #46, American Federation of .Government Employees,
concerning the claims of several of its union members
for travel expenses incurred while on official busi-
ness.  This decision has been handled as a labor-
relations matter under our procedures cohtained in
4 C.F.R. Part 22 (1981), as amonded, in 45 Fed. Reg.
55689, August 21,1980. The agency was served with a
copy of the union's submission but has filed nio written
comments or, response. 4 C.P.R. § 22.4 (1981).

    SThe issue to be decided in thois case is wheter
certain employees assigned0to temporary duty in Kent
an'i Ottawa counties in Michigan should be reimbursed
fo0;4 actual subsistence expensesoinstead of per diem
while staying in Kalamazoo, Michigan, a high rate
geographi6al area. We hold that, since the employees
did perform official business in Kalamazoo, they may
be reimbursed on the actual subsistence expenses basis.

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