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B-205811 1 (1982-08-18)

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DECISION


FILE:


THE COMPTRLOILOlG E1NWFRAL
OP THI IUNITED STATES
WgUHINOTON, 0.0, O0n40


B-205011


MATTER OF:


DATE; Auigust 18, 1992


Panama Canat Commission


DIGEST: There is o authority for the Panama canal
          commissionsto pay the difference between the
          cost of shipping an employee's privately owned
          vehicl.- on a Military Sealift Command vessel
          and the lower cost previously charged employees
          for sipment on a Commission operated vessel
          (now decommissioned) on grounds that Panama Canal
          Treaty of 1977 and Panama Canal Act of 1979 state
          khat terms and conditions of employment should
          not be leas favorable than before the Treaty
          entered into force, Terms and conditions
          of employment with regard to transportation
          benefits are those entitlements recognized by
          statute and do not extend to the privilege of
          a permissive shipment of personal belongings
          on a space-available basis.

     The Administrator of the Panama Canal Commission
has requested our decision ris to whether the Commission
may waive a portion ofoits claim against a commission
employee for the cost of shipping the employee's pr-
vately owned vehicle, under the Commission's auspices,
aboard a Military Sealift Command vessel from New Orleans,
Louisiana, to the Republic of Panama. The employee had
originally'chipped his vehicle ,o New Onleana aboard
the Commission operated S/S CRISTOBAL.   The amount in
question is the difference between the cost charged the
employee for return shipment of the vehicleraboard a
Sealift Command vessel ($2,006.45) and the rate appli-
cable had the vehicle been returncd aboard the CRISTOBdL
($355.50).  The Sealift Command vilsse. was used because
the CRISTOBAL was decommissioned while the employee was
in the United States. The shipment in question here was
not for an authorihed replacement vehicle and was not
related to recruitment or repatriation travel or trans-
portation autorized under 5IU.S.C. 5i5724a or applicable
Federal Travel Regulations. Instead, it was for the pur-
pose of returnina the vehicle to Panama from the United
Status where the employee had shipped it for his use
while on leave.

     The circumste.nces that give rise to this request are
as follows. Between October 1979 and September 1.981 the


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