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B-222163 1 (1986-08-22)

handle is hein.gao/gaobadmlf0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Charles S. Price, et al. - Overtime While Traveling - Emergency Detail File: B-222163 Date: August 22, 1986 DIGEST* The Food and Drug Administration (FDA) declared a manpower emergency in its San Francisco District caused by shipments of contaminated water- melons and other foods. On July 10, 1985, FDA officially requested investigators from other FDA districts to travel to San Francisco as soon as possible. Three investigators traveled that same evening in response to the request. Their claim for overtime pay for non-duty travel hours was denied by FDA on the basis that the travel could have been scheduled the following day. Under 5 U.S.C. S 5542(b)(2)(B)(iv) travel performed as a matter of immediate official necessity outside regular duty hours is compensable as overtime. In this case, since the event was administratively uncontrollable and the travel performed that evening was requested by FDA, the overtime claims are allowed. DECISION This decision is in response to a request from David R. Petak, Chief, Accounting Branch, Division of Financial Management, Food and Drug Administration (FDA). The matter involves the entitlement of three of its employees to receive overtime pay while in a travel status. For the reasons set forth below, we conclude that they are entitled to overtime pay. BACKGRN In early July 1985, an emergency situation developed in the San Francisco District of the FDA. Pesticide residues (Aldicarb) in watermelon had caused a number of food poisoning incidents nationwide and many of the contaminated melons were traced to growers in California. During the same period, other events involving imminent public health hazards also arose in the San Francisco District. These included several Class I (imminent health hazards) recalls, and an outbreak of food poisoning and deaths associated with contaminated soft cheese imported from Mexico. Because of these events, the manpower needed to conduct investigations in the San Francisco District was far greater than the available manpower and outside assistance was required.

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