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B-195946 1 (1979-11-26)

handle is hein.gao/gaobadhtf0001 and id is 1 raw text is: DECISION FILE: B-195946 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: November 26, 1979 MATTER OF: John B. Currier DIGEST: 1. Penalty payments made by air carriers for failing to furnish accommodations for con- firmed reserved space are due the Government, not the traveler, when payments result from travel on official business. This is so notwithstanding that the delay in the employee's travel did not result in any additional cost to the Government and regardless of the fact that the travel was performed outside of the employee's regular duty hours. 2. Where airline overbooked the Thursday night flight on which employee had reservations for return travel and rebooked him on the next available flight, employee is not entitled to overtime com- pensation or compensatory time off for his travel time under 5 U.S.C. 5542(b)(2)(B). Although agency did not have control over airline's actions which delayed employee's travel, the event that neces- sitated his travel -- return to his permanent duty station -- wassubject to administrative control. Employee's presence at his duty station the following workday was not an administratively uncontrollable event. Mr. David L. Olexer, an authorized certifying officer for the/ 7 000 Feast Service, U.S. Department of Agriculture, requestsan advance decision of this Office concerning the propriety of payment of two related claims presented by Mr. John B. Currier, an employee of the Forest Service. Upon, return, from temporary duty on Thursday, August 24, 1978, Mr. Currier was unable to use his confirmed plane reservation because the airline had overbooked that particular flight. Mr. Currier 7as rebooked on the next available flight and told by the airline ticket agent that he would be compensated for his inconvenience and delay in an amount equal to the ticket price. Subsequently a check was issued to Mr. Currier in the amount of $53.70. 2 . gR -

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