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B-210561 1 (1983-09-13)

handle is hein.gao/gaobadlhr0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASH-INGTON. D.C. 20548 FILE: B-210561 DATE: Sentember 11, 193 MATTER OF: Theron M. Bradley, Jr. DIGEST: Employee of Department of Energy who moved his household goods incident to a transfer and knew he would be liable for excess weight charges, claims the difference between the overweight charges as represented to him based on rates effective in May and the over- weight charges actually charged the Department under new rates effective in June when the shipment was made. The overweight charges the mover billed the Department were correct and the mover was required by the Interstate Commerce Act to collect them. Since the Depart- ment was required by the Federal Travel Regulations to collect from the employee any excess weight charges it paid, there is no basis for allowance of the claim. The question in this case is whether Mr. Theron M. Bradley, Jr., an employee of the Pittsburgh Naval Reactors Office, Department of Energy, must pay the difference between the cost of moving his overweight household goods as represented to him based on the mover's rates which were in effect in May 1982 and the cost the mover actually charged based on rates in effect in June 1982 when the shipment was made. Since the cost differential was based on rates properly submitted to the General Services Administration under the Central- ized Household Goods Traffic Management Program and contained in a rate tender filed with the Interstate Commerce Commission, the mover was required by the Interstate Commerce Act to collect it from the Naval Reactors Office, and that office was required by the Federal Travel Regulations (FTR) to collect it from the employee. Therefore, there is no basis for the allow- ance of Mr. Bradley's claim for the amount collected from him. The equities warrant reporting the claim to Congress under 31 U.S.C. § 3702(d). 0 fL

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