Legal Briefs: Clothes call

Every Friday on GovExec.com, Legal Briefs reviews several cases that involve, or provide valuable lessons to, federal managers. We report on the decisions of a wide range of review panels, including the Merit Systems Protection Board, the Federal Labor Relations Authority and federal courts.

Upon arriving at Tyndall Air Force Base for a temporary duty assignment, Thomas J. May, a civilian Air Force employee, discovered the Air Force had misplaced his suitcase. He got by on Monday by wearing the same clothes from the day before. But by the end of the day his suitcase still had not been discovered, so May decided to go shopping. He spent $60.86 on a pair of slacks and three shirts. The next day, May's suitcase was found and returned to him.

May asked the Air Force to reimburse him for the $60.86 he spent on clothes, arguing that the clothes were covered as a miscellaneous expense under Joint Travel Regulations. The Air Force denied his request.

The General Services Administration's Board of Contract Appeals upheld the Air Force decision. Reimbursable miscellaneous expenses include telephone calls and fees for travelers checks and passports, not clothing that an employee like May would retain for his own use, the board judge said. While some clothing purchases and rentals have been approved for reimbursement in the past, on those occasions the clothes were essential to carrying out an employee's official duties. In May's case, the clothes were not essential to his job.

Lesson: Keep a second set of clothes in your carry-on bag.

Thomas J. May, vs. Department of the Air Force, General Services Administration's Board of Contract Appeals (15030-TRAV), July 29, 1999.

Put on Hold

Brian M. Quirk, a civilian Defense Department employee, was traveling from Hartford, Conn., to a Defense Message System training course in New Orleans, La. Quirk and the other students had been advised that anyone not in place at the start of the first class would be considered a no-show and their respective bases would be charged.

With this in mind, Quirk allowed himself an extra day of travel due to severe weather conditions in the Midwest. When he arrived at the airport on Jan. 2 he found out that his flight had been canceled. In fact, all airports in the region were closed until Jan. 6 due to bad weather. Quirk's training was scheduled to begin on Jan. 4.

Quirk called the emergency number for Omega Travel, the travel contractor for his agency. He was put on hold for 45 minutes and wasn't able to talk to a travel agent. After the unsuccessful attempt to contact Omega, Quirk found only one flight with seats available going to his destination. He purchased a first-class ticket for $850 with a government-issued travel card.

The good news is Quirk made it to class on time. But DoD refused to reimburse him for his emergency ticket purchase, saying he didn't prove that the services of the contract travel officer were not available. DoD pointed out that Omega is open 24 hours a day, seven days a week.

But the General Services Administration's Board of Contract Appeals disagreed. Being put on hold for 45 minutes does not constitute being "readily available," the board said.

But Quirk still was not authorized to purchase a first-class ticket, even though there were no other seats available, the board ruled. The rules state that if regular seats are available for purchase within 24 hours, claimants are not authorized to purchase first-class tickets.

Even though all of the flights the next day were canceled, Quirk is still only entitled to be reimbursed for the price of a ticket he might have gotten from the contractor travel office, the board concluded.

Lesson: Make your own reservations if you must, just not in first class.

Brian M. Quirk vs. Charles N. Stockwell, Travel Branch, Directorate of Travel and Vendor Pay, Defense Finance and Accounting Service, General Services Administration's Board of Contract Appeals (14952-TRAV), July 28, 1999.