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B-194252 1 (1980-01-14)

handle is hein.gao/gaobadhwx0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECVISION SOF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE:, B-194252 MATTER DIG DATE: January 14, 1980 OF: Charles E. Armer -Layment to Employee for Voluntarily Vacating Seat on Overbooked Airplane7 EST: Employee, while traveling on official business, received $150 from airline for voluntarily vacating his seat on overbooked flight and taking next sched- uled flight. Airline payments to volunteers are dis- tinguishable from denied boarding compensation which is due the Government. Employee may retain payment received as volunteer reduced by any additional expense incurred by Government. O6-ro (4t This decision is in response to a request from the National Association of Government Employees (union) concerning the entitle- ),ment of Mr. Charles E. Armer, an employee of the Department of the C -Army, to retain a $150 payment he received from an airline in con- sideration of his vacating his seat on an overbooked flight and taking a later flight. The issue presented for our decision is whether this payment may be distinguished from denied boarding compensation which, when paid by the airline to a Federal employee traveling on official business, must be turned over to the Government. Mr. Armer performed temporary duty in Chicago, Illinois, and was scheduled to return to his official duty station in Watervliet, New York, on the evening of September 14, 1978. Mr. Armer was seated on board American Airlines Flight 402 on that date when the airline asked for volunteers who would vacate their seats in return for meals, overnight lodgings, and guaranteed reservations the next morning. The airline first offered $87.50, then $100, and finally $150 as an incentive to such volunteers, and Mr. Armer accepted the airline's offer of $150. Mr. Armer returned to his duty station the following morning at the same time he had originally planned, and he did not claim any additional per diem incident to the delay in his return travel. The Army ordered the employee to pay the $150 to the Government on the basis of provisions in the Federal Travel Regulations and decisions of our Office holding that denied boarding compensation must be paid to the Government. See FTR para. 1-3.5b; 41 Comp. Gen. 806 (1962); John B. Currier, B-195946, November 26, 1979, 59 Comp. Gen. ; and Tyrone Brown, B-192841, February 5, 1979. Z7 -; 77V - U lo-q5

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