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B-172671 1 (1976-04-21)

handle is hein.gao/gaobaddoy0001 and id is 1 raw text is: THE COMPTROLa.ER GENERAL DECISION * . OF THE UNITED STATES WASHINGTON. D.C. 2054B FILE: B-172671 DATE: p976 MATTER OF: Mr. Raymond Ratajczak - Nonworkday Travel DIGEST: 1. NLRB field examiner may not be granted compensatory time for travel time spent on nonworkday in returning from representation election notwithstanding that compensatory time was granted for travel to election, since there was no uncontrollable event necessitating return travel on nonworkday. 2. This Office cannot accept NLRB suggestion that objective of statutory'ipolicy encouraging scheduling of official travel during duty hours (5 U. S. C. §6101(b)(2)(1970)) is to reduce costs, since legislative history of 5 U. S. C. $5542(b)(2)(B) (1970), which authorizes overtime pay for travel during nonduty hours in certain situations, indicates that Congress was also concerned with abuse of employee's own time by requiring official travel during nonduty hours. 3. Congress has not provided remedy by way of compensation where employee travels on nonworkday but circumstances Oi such travel do not fall within purview of 5 U. S. C. 55542(b)(2) (1970). This matter involves a request from the National Labor Relations Board (NLFB) that we reconsider and modify our decision B-172671, dated November 1P, 1974, wherein we held that Mr. Raymond R1atajczak, a field examinor for the NLR.BD could be granted compensatory time for time spent during a nonworkday in traveling to a representation election, but not for travel time spent during that nonworkday in returnin from such election. We stated the facts in the decision as follows: The record shows that on Saturday, January 2f, l974, Mr. Fiatajcza, a field examiner in the NLR2B's Buffalo, New York, field office, conducted a representation election between I P.m. and 1:30 p.m. in Cato, New York. Cato is approximately 150 miles from the reg'ional office in Buffalo and Mr. Ratajczak spent S 1/21 houlrs traveling from Buffalo and return. Mr. Fatajazak subnitted, aciri for, compcnsatory time for 8 hours, C 1/2 of vwhich ccver-d the time he spent in travel, Uhe rest covering : tiaC llotd fr the *oct0io, its rarastior, and for tally in biall ots an d othr In cidJentl r equ ,ire5m en ts.

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