ML19341A532
| ML19341A532 | |
| Person / Time | |
|---|---|
| Issue date: | 06/20/1980 |
| From: | Jamarl Cummings NRC OFFICE OF INSPECTOR & AUDITOR (OIA) |
| To: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML19341A503 | List:
|
| References | |
| FOIA-80-516 NUDOCS 8101260276 | |
| Download: ML19341A532 (2) | |
Text
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i June 20, 1980 y
EU'ORANDUl* TC:.
- filliam Dircks, Actir..
Executive Director for Operations FROM:
Jcmes J. Curraings, Director ~
't2 a Office of Inspector and Auditor
- Cd
SUBJECT:
POTENTIAL PROBLEM WITH TDY 0F RESIDENT INSPECTORS We have recently learned that in a number of instances temporary duty (TDY) travel authorizations ha've been issued to IE regional inspectors for duty at reactor sites afte'r these inspectors were notified of their selection to be resident inspe~ tors at these same sites. tin some instances c
the TDY travel authorizations ' continued months after notification and in i
one instance the selected resident inspector has been on per diem for nine months and still has not been issued PCS orders. We believe this practice is contrary to Comptr,biler General decisions in this area.
i Comptroller General decision B'-188093, dated October 18, 1977, states:
"The location of an employee's pemanent duty station for travel and per diem purposes has consistently been held by this Office to be the place at which the employee perfoms the major portion of his duties an.1 where he is therefore expected to spend the greater part of his time.
32 Com'p. Gen. 87(1952). Administrative officials who have the authority to designate posts of duty for Government employees do not have the' discretion to designate a place other than the location where h'e actually perfoms the greater part of his duties, for the purpo'se of giving the employee a greater subsistence allowance. Thus, in dete~ mining the employee s actual post of duty, each case is to be decided on its own facts and circumstances, including such factors as~the nature of the assignment, the required duties, and the locale in' which they are to be performed. 49 Comp.
Gen.145 (1969); 32 id. 87 (1952); 25 id.136 (1945); 10 id. (1931).
The general rule is that h transfer is effective on the date the individual arrives at the new station.
Based on the principles discussed above we have r'ecognized an exception to that rule in the case where an employee is' transferred to a place at which he is already on duty.
In such' circumstances, the' transfer is effective
~
on the date the employee 1eceives notice of the intended transfer ~
i Contacts:
H. Boulden, 0IA K. Uono/an, UlA omet >.
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and he may not thereafter be paid per diem while at that location.
23 Comp. Gen. 342 (1943). This rule is based on the assumption that the employee will be expected to spend the gmater part cf h'.
tire t.nd perfom the greater portion of his duties at the new receipt of the notice of transfer."
p:.c:r.nent duty station cfte:
Dccisic., 0-102427 dated Octobe,r 9, 1975, states:
" Location of employee's official station is nuestion of fact. and it has been held that employee's official duty station is place at which he perfoms a major part of duties and is expected to spend greater part of time."
Decision B-193401, dated May 17, 1979, states:
" Decisions of this office'have held that an agency may not designate an employee's official duty station at some other place other than the place at which that p'erson is expected to perfom the preponderence That rule ~ applies whether the question is one of of his duties.
entitlement to per diem for temporary duty or travel, transporation, and transfer expenses inc} dent to a pemanent change of station".
regarding this circumstance is attached.
A copy of CG's decision B-188093 Other CG decisions of which we are aware are consistent with those i
~
cited.
We suggest that immediate steps be taken to detemine the number of individuals involved and to seek possible solutions to the problems.
Please keep us informed of you'r actions.
.Attactment:
As stated Ac:
Chaiman Ahaarne Commissioner 9111nsky Concissioner kanedy Comissioner Hendire Comissioner Bradford Y. Stello H. Denton L. Barry
~
D. Donoghue P, Bird
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REVIEW OF NRC'S PLAN FOR RESEARCH TO liv PROVE TH E SAFETY OF LIGHT-WATER NUCLEAR POWER PLANTS NOTICE This is An InternalManagement Document Prepared For The Commission Not To Be Released Outside Of NRC 1
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