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B-194451 1 (1980-03-25)

handle is hein.gao/gaobadicq0001 and id is 1 raw text is: 

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DECISION





FILE:  B-19445


     co THE  COMPTROLLER GENERAL
     .  OF   THE   UNITED STATES
        WASHINGTON, D. C. 20548



                      March 25, 1980
1 . DATE:.


MATTER   OF:  William S. Reustle - Overtime Compensation -
              Travel Time to Temporary Duty Station


DIGEST:


FAA  Electronic Technician claims overtime for
daily travel for 14 days between regular duty
station and nearby temporary duty station on
erroneous theory that he could .not be ordered to
report directly to temporary duty station. Claim
may not be allowed. Travel was commuting to
place of work, was not inherent part of or in-
separable from work, Was not performed during
tour of duty, and was not otherwise within the
purview of 5 U.S. C. § 5542(b)(2).


-.Mr. William S.   Reustle has appealed the disallowance of his
Lclaim for overtime compensation for travel tim between his
regular ad  temporary duty stations.

    Mr.  Reustle was employed as an Electronic Technician
 GS-12 by the Federal Aviation Administration (FAA) at Petaluma,
 California. His position was exempt from the provisions of the
 Fair Labor Standards Act. In the latter part of 1977 he was
 ordered to report to and perform his regular 8 hour tour of
 duty at a temporary duty station, the Santa Rosa Airport, for
 approximately 14 days. The airport was about one-half hour
 travel time distant from his regular duty station. He drove his
 privately owned vehicle between his residence and the temporary
 duty station each day, stopping both going and returning at his
 regular duty station which was in his direct line of travel. He
 received a mileage allowance for the distance he traveled each
 day between his regular and temporary duty stations.

    It appears to be Mr. Reustle's contention that this temporary
 duty assignment, requiring him to report for work at a station
 different from his regular duty station, could not properly be
 ordered because an FAA regulation required that an employee be
 given 60 days advance notice of a reassignment which involves
 relocation. He says that the order was abandoned when man-
 agement finally became convinced of the error. Therefore, he


4


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