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B-221760 1 (1986-08-11)

handle is hein.gao/gaobadmkp0001 and id is 1 raw text is: 1(A1 A/ /7 THE COMPTROLLER GENERAL OwCISION OP THE UNITED STATED WASHINGTON. D.C. 20548 FILE: B-221760 DATE: August 11, 1986 MATTER OF: Irwin M. Lieberman - Indirect Travel - Constructive Cost DIGEST: Independent contractor of National Mediation Board (NMB) was authorized round-trip transportation from his resi- dence in Stamford, Connecticut, to St. Paul, Minnesota. On December 3, 1984, he traveled by airplane from New York City to Chicago on personal business and later the same day traveled to St. Paul. He returned to New York City after participating in several hearings the following day. Under FTR para. 1-2.5b, travelers are entitled to reimbursement for travel by indirect route, in an amount not to exceed the cost by the usually traveled route or the actual cost, which- ever is lower. Thus, claimant may be reimbursed the cost of round-trip travel, by.air coach, between New York City and St. Paul, Minnesota. This decision is in response to a request by an Authorized Certifying Officer of the National Mediation Board (NMB) for a decison on whether Mr. Irwin M. Lieberman, who was serving as a neutral member for the NMB, may be reimbursed for the full constructive cost of his travel when he traveled by an indirect route. For the reasons set forth below, we hold that Mr. Lieberman may be reimbursed for the normal round-trip coach fare between New York and St. Paul. The certifying officer explains that under the Railway Labor Act, 45 U.S.C. § 153 (1982),' the NMB compen- sates neutral members of the various arbitration insti- tutions functioning in the railroad industry. The neutrals perform their duties as independent contractors rather than as employees of the Federal Government. The NMB pays their

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