[ v07 p362 ]
07:0362(53)NG
The decision of the Authority follows:
7 FLRA No. 53
LONG BEACH NAVAL SHIPYARD
LONG BEACH, CALIFORNIA
Agency
and
INTERNATIONAL FEDERATION OF
PROFESSIONAL AND TECHNICAL ENGINEERS
LOCAL 174, AFL-CIO
Union
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2237, AFL-CIO
Union
and
FEDERAL EMPLOYEES' METAL TRADES
COUNCIL, LONG BEACH, CALIFORNIA
Union
Case No. O-NG-189
DECISION AND ORDER ON NEGOTIABILITY ISSUE
THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR
RELATIONS AUTHORITY (THE AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF
THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE).
THE ISSUE PRESENTED IS THE NEGOTIABILITY OF THE UNIONS' JOINT PROPOSAL.
UNION PROPOSAL
EACH UNION INVOLVED IN THIS CASE REPRESENTS AN EXCLUSIVE UNIT OF
CERTAIN OF THE AGENCY'S EMPLOYEES. SPECIFICALLY, LOCAL 174 OF THE
INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS AND
LOCAL 2237 OF THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES REPRESENT
GENERAL SCHEDULE (GS) EMPLOYEES WHILE THE FEDERAL EMPLOYEES' METAL
TRADES COUNCIL REPRESENTS WAGE GRADE (WG) EMPLOYEES.
THE DISPUTE AROSE AFTER THE AGENCY ISSUED A PROPOSED INSTRUCTION
PROVIDING THAT SHIPYARD OPERATIONS WOULD BE CURTAILED DURING THE
CHRISTMAS/NEW YEAR HOLIDAY PERIOD (4-5 WORKDAYS) AND THAT EMPLOYEES NOT
NEEDED FOR ESSENTIAL SERVICES DURING THAT TIME WOULD BE REQUIRED TO
UTILIZE ANNUAL LEAVE FOR THE PERIOD OF CURTAILMENT. IN RESPONSE, THE
THREE UNIONS JOINTLY PRESENTED A PROPOSAL SET FORTH FULLY IN AN APPENDIX
TO THIS DECISION WHICH, AS THEY CHARACTERIZE IT, PROVIDES FOR "THE
GRANTING OF ADMINISTRATIVE EXCUSAL (LEAVE) IN LIEU OF ANNUAL LEAVE TO
ALL EMPLOYEES NOT WORKING FOR THE CURTAILMENT OF OPERATIONS DURING THE
CHRISTMAS/NEW YEAR HOLIDAY PERIOD."
QUESTION BEFORE THE AUTHORITY
THE QUESTION IS WHETHER THE UNIONS' PROPOSAL, REQUIRING THE GRANTING
OF ADMINISTRATIVE LEAVE INSTEAD OF ANNUAL LEAVE FOR EMPLOYEES NOT
WORKING WHEN AGENCY OPERATIONS ARE CURTAILED DURING THE CHRISTMAS/NEW
YEAR PERIOD, IS OUTSIDE THE DUTY TO BARGAIN UNDER SECTION 7117 OF THE
STATUTE /1/ BECAUSE IT IS INCONSISTENT WITH GOVERNMENT-WIDE REGULATIONS,
AS ALLEGED BY THE AGENCY.
OPINION
CONCLUSION AND ORDER: THE PROPOSAL IS NOT INCONSISTENT WITH
GOVERNMENT-WIDE REGULATIONS AND IS WITHIN THE AGENCY'S DUTY TO BARGAIN
UNDER SECTION 7117(A)(1) OF THE STATUTE. ACCORDINGLY, PURSUANT TO
SECTION 2424.10 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR
2424.10(1981)) IT IS ORDERED THAT THE AGENCY SHALL UPON REQUEST (OR AS
OTHERWISE AGREED TO BY THE PARTIES) BARGAIN ON THIS PROPOSAL. /2/
REASONS: THE AGENCY, OF COURSE, RETAINS THE RIGHT UNDER SECTION
7106(A)(2)(A) OF THE STATUTE TO LAYOFF EMPLOYEES. THE AGENCY EXPRESSLY
CONCEDES, HOWEVER, AND THE AUTHORITY AGREES THAT SUCH MANAGEMENT RIGHT
IS NOT INVOLVED IN THE CIRCUMSTANCES OF THIS CASE. RATHER, THE AGENCY
CONTENDS THAT IT IS PROHIBITED BY APPLICABLE GOVERNMENT-WIDE REGULATIONS
FROM NEGOTIATING THE GRANTING OF ADMINISTRATIVE LEAVE FOR THE LENGTH OF
TIME DURING WHICH IT PLANS TO CURTAIL SHIPYARD OPERATIONS, I.E., 4-5
WORKDAYS. SPECIFICALLY, THE AGENCY ARGUES THAT FEDERAL PERSONNEL MANUAL
(FPM) SUPPLEMENT 990-2, BOOK 610, SUBCHAPTER S3-2 /3/ LIMITS THE
AGENCY'S DISCRETION TO GRANT ADMINISTRATIVE LEAVE TO PERIODS OF TIME
GENERALLY NOT EXCEEDING 3 CONSECUTIVE WORKDAYS AND DOES NOT EXTEND TO
THE LONGER PERIOD HERE INVOLVED (4-5 WORKDAYS) WHICH ORDINARILY WOULD BE
COVERED BY THE SCHEDULING OF LEAVE, FURLOUGH OR THE ASSIGNMENT OF OTHER
WORK. THE AGENCY CLAIMS, MOREOVER, THAT IT HAS THE RIGHT TO REQUIRE
EMPLOYEES TO USE ANNUAL LEAVE IN CIRCUMSTANCES SUCH AS THOSE INVOLVED IN
THIS CASE UNDER DECISIONS OF THE COMPTROLLER GENERAL. /4/
THE AGENCY'S POSITION CANNOT BE SUSTAINED FOR THE FOLLOWING REASONS.
AS TO REQUIRING THE USE OF ANNUAL LEAVE, IT IS WELL ESTABLISHED THAT AN
AGENCY HEAD'S DISCRETION UNDER STATUTE /5/ AND REGULATION /6/ ENABLING
THE AGENCY HEAD TO REQUIRE EMPLOYEES TO TAKE ANNUAL LEAVE AT A SPECIFIED
TIME OF THE YEAR, SUCH AS DURING THE PERIOD OF CURTAILMENT HERE
INVOLVED, /7/ MAY FULLY OR PARTIALLY BE RELINQUISHED THROUGH THE
NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT. /8/ IN THIS
CONNECTION, ONE EFFECT OF THE UNIONS' PROPOSAL MANDATING THE USE OF
ADMINISTRATIVE LEAVE DURING THE PERIOD OF CURTAILMENT WOULD BE TO
ESTABLISH SUCH A CONTRACTUAL LIMIT ON THE AGENCY'S DISCRETION TO REQUIRE
THE USE OF ANNUAL LEAVE DURING THE SPECIFIED PERIOD. THE QUESTION
REMAINS, HOWEVER, WHETHER, AS ARGUED BY THE AGENCY, THE GRANTING OF
ADMINISTRATIVE LEAVE IN THE CIRCUMSTANCES INVOLVED IN THIS CASE IS
PROHIBITED BY GOVERNMENT-WIDE REGULATIONS.
IN CONTRAST TO THE COMPREHENSIVE STATUTORY PROVISIONS GOVERNING THE
GRANTING OF ANNUAL LEAVE, AND APART FROM THOSE PARTICULAR SITUATIONS FOR
WHICH ADMINISTRATIVE LEAVE IS SPECIFICALLY AUTHORIZED BY LAW, /9/ OR
EXECUTIVE ORDER, /10/ RESEARCH FAILS TO DISCLOSE ANY GENERAL STATUTORY
AUTHORITY UNDER WHICH FEDERAL EMPLOYEES MAY BE GRANTED ADMINISTRATIVE
LEAVE. NOTWITHSTANDING THE ABSENCE OF A STATUTE CONTROLLING THE MATTER,
HOWEVER, IT IS FIRMLY ESTABLISHED THAT THE HEAD OF AN AGENCY HAS
DISCRETION TO GRANT ADMINISTRATIVE LEAVE TO EMPLOYEES OF THE AGENCY IN
CERTAIN SITUATIONS FOR BRIEF PERIODS OF TIME. /11/ IN THIS REGARD, FOR
EXAMPLE, THE SUBJECT OF ADMINISTRATIVE LEAVE IS DISCUSSED GENERALLY IN
FPM SUPPLEMENT 990-2, BOOK 630, SUBCHAPTER S11. SUBCHAPTER S11-5, IN
PERTINENT PART, STATES AS FOLLOWS:
S11-5 ADMINISTRATIVE DISCRETION
A. GENERAL. WITH FEW EXCEPTIONS, AGENCIES DETERMINE
ADMINISTRATIVELY SITUATIONS IN WHICH
THEY WILL EXCUSE EMPLOYEES FROM DUTY WITHOUT CHARGE TO LEAVE AND MAY
BY ADMINISTRATIVE
REGULATION PLACE ANY LIMITATIONS OR RESTRICTIONS THEY FEEL ARE
NEEDED.
SOME OF THE MORE COMMON SITUATIONS LISTED IN THE SUBCHAPTER IN WHICH
AGENCIES GENERALLY GRANT ADMINISTRATIVE LEAVE INCLUDE (1) BLOOD
DONATIONS, (2) TARDINESS AND BRIEF ABSENCE, (3) TAKING EXAMINATIONS, (4)
ATTENDING CONFERENCES OR CONVENTIONS, AND (5) REPRESENTING EMPLOYEE
ORGANIZATIONS.
FURTHER, AS TO GROUP ACTIONS IN PARTICULAR, I.E., THE GRANTING OF
ADMINISTRATIVE LEAVE TO GROUPS OF EMPLOYEES IN CONNECTION WITH THE
TEMPORARY CLOSING OF AN ACTIVITY OR INSTALLATION SUCH AS HERE INVOLVED,
FPM SUPPLEMENT 990-2, BOOK 610, SUBCHAPTER S3-2 (NOTE 3, SUPRA) IS
RELEVANT AND IS RELIED UPON BY THE AGENCY. SUBCHAPTER S3-2 OF BOOK 610
EXPRESSLY PROVIDES THAT ADMINISTRATIVE LEAVE MAY BE GRANTED IN
CONNECTION WITH THE TEMPORARY CLOSING OF AN ACTIVITY OR INSTALLATION AS
FOLLOWS:
(2) "POLICY STATEMENT. THE AUTHORITY IN THIS SUBPART MAY BE USED
ONLY TO THE EXTENT
WARRANTED BY GOOD ADMINISTRATION FOR SHORT PERIODS OF TIME NOT
GENERALLY EXCEEDING 3
CONSECUTIVE WORKDAYS . . . (BUT NOT) IN SITUATIONS OF EXTENSIVE
DURATION OR FOR PERIODS OF
INTERRUPTED OR SUSPENDED OPERATIONS SUCH AS ORDINARILY WOULD BE
COVERED BY THE SCHEDULING OF
LEAVE, FURLOUGH, OR THE ASSIGNMENT OF OTHER WORK."
ASSUMING WITHOUT DECIDING THAT SUBCHAPTER S3-2 OF FPM SUPPLEMENT
990-2, BOOK 610 IS AN APPLICABLE GOVERNMENT-WIDE REGULATION WITHIN THE
MEANING OF SECTION 7117(A) OF THE STATUTE WHICH WOULD BAR NEGOTIATION OF
A CONFLICTING PROPOSAL, THE AGENCY HAS NOT ESTABLISHED THAT THE DISPUTED
PROPOSAL IN THIS CASE IS INCONSISTENT WITH THE REGULATION. CLEARLY THE
REGULATION DOES NOT ESTABLISH THREE DAYS AS THE ABSOLUTE LIMIT ON THE
PERIOD OF TIME FOR WHICH ADMINISTRATIVE LEAVE MAY BE GRANTED IN
CONNECTION WITH THE TEMPORARY CLOSING OF AN ACTIVITY, AS THE AGENCY
CLAIMS. RATHER, THE USE OF THE WORD "GENERALLY" AMOUNTS TO EXPRESS
ACKNOWLEDGMENT THAT DISCRETION IS LEFT TO THE AGENCY TO DETERMINE THE
ACTUAL DURATION OF THE ADMINISTRATIVE LEAVE TO BE GRANTED, IF "WARRANTED
BY GOOD ADMINISTRATION," SO LONG AS THE PERIOD OF TIME FOR WHICH SUCH
ADMINISTRATIVE LEAVE IS GRANTED IS "SHORT." IN THIS REGARD, THE TIME
PERIOD INVOLVED UNDER THE DISPUTED PROPOSAL, 4-5 WORKDAYS, IS A BRIEF
PERIOD OF TIME REASONABLY WITHIN THE AMBIT OF THE LANGUAGE OF THE
REGULATION.
SIMILARLY, WHILE THE REGULATION STATES GENERALLY IN SUBCHAPTER
S3-2(C)(2) THAT ADMINISTRATIVE LEAVE MAY NOT BE USED FOR SITUATIONS THAT
WOULD "ORDINARILY" BE COVERED BY THE SCHEDULING OF ANNUAL LEAVE,
FURLOUGH OR THE ASSIGNMENT OF OTHER WORK, THIS DOES NOT RENDER THE
DISPUTED PROPOSAL INCONSISTENT WITH THE REGULATION. THAT IS, THE
REGULATION ITSELF PROVIDES MORE SPECIFICALLY, IN SUBSECTION 5(A), THAT
ADMINISTRATIVE LEAVE MAY BE GRANTED WHEN "(F)OR MANAGERIAL REASONS, THE
CLOSING OF AN ESTABLISHMENT OR PORTIONS THEREOF IS REQUIRED FOR SHORT
PERIODS . . . " AND, FURTHER, IN SUBSECTION 5(B) THAT SUCH "(M)ANAGERIAL
REASONS . . . MAY INCLUDE, BUT ARE NOT LIMITED TO, RETOOLING . . . ."
THUS, THE GRANTING OF ADMINISTRATIVE LEAVE, AS PROPOSED BY THE UNION
IN CONNECTION WITH THE TEMPORARY CURTAILMENT OF OPERATIONS, WHICH IS A
MATTER AFFECTING THE WORKING CONDITIONS OF UNIT EMPLOYEES, IS WITHIN THE
DISCRETION OF THE AGENCY. SINCE THE AGENCY HAS NOT SHOWN THAT THE
EXERCISE OF SUCH DISCRETION THROUGH NEGOTIATION ON THE PROPOSAL WOULD BE
INCONSISTENT WITH LAW OR WITH GOVERNMENT-WIDE REGULATIONS, THE PROPOSAL
AT ISSUE HEREIN IS WITHIN THE DUTY TO BARGAIN UNDER THE STATUTE. /12/
ISSUED, WASHINGTON, D.C. DECEMBER 16, 1981
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX
NAVSHIPYDLBEACH/SUPSHIP INSTRUCTION
SUBJ: CURTAILMENT OF OPERATIONS DURING CHRISTMAS/NEW YEAR HOLIDAY
PERIOD PARAGRAPH 2 MODIFY
IT WILL BE THE POLICY TO CURTAIL OPERATIONS FROM 0015 HOURS ON THE
FIRST DAY AND CONTINUE THROUGH 0001 HOURS ON THE LAST DAY OF THE
CURTAILMENT PERIOD. THE ACTUAL NUMBER OF HOURS NEEDED FOR THIS PURPOSE
WILL DEPEND ON THE ACTUAL DAYS IN WHICH THE HOLIDAYS FALL. IN MOST
YEARS, FOUR (4) DAYS OR THIRTY-TWO (32) HOURS OF ADMINISTRATIVE EXCUSAL
WILL BE GRANTED; HOWEVER, THOSE YEARS IN WHICH CHRISTMAS DAY FALLS ON
TUESDAY OR THURSDAY, FIVE (5) DAYS OR FORTY (40) HOURS OF ADMINISTRATIVE
EXCUSAL WILL BE GRANTED. EMPLOYEES REQUIRED TO PERFORM ESSENTIAL WORK
DURING THIS CURTAILMENT PERIOD WILL BE PAID UNDER THE PROVISIONS OF
HOLIDAY PAY. OPERATIONS WILL BE CURTAILED DURING THIS PERIOD WITH THE
EXCEPTION OF ESSENTIAL WORK AND SERVICES AS SPECIFIED BELOW:
2A(3) DELETE
2B DELETE
2E(1) DELETE
(2) DELETE
(3) DELETE
2E(4) MODIFY
IF AN EMPLOYEE IS PLACED IN A SICK LEAVE STATUS PRIOR TO THE
CURTAILMENT PERIOD, AND IT APPEARS THAT THE ILLNESS WILL EXTEND THROUGH
THE CURTAILMENT, TIMEKEEPERS MUST BE NOTIFIED AND MUST NOTIFY THE
COMPTROLLER DEPARTMENT (CODE 630.12) SO THAT THE EMPLOYEE'S TIME WILL BE
CHARGED TO ADMINISTRATIVE LEAVE.
2E(5) DELETE
2E(6) MODIFY
SCHEDULING LEAVE. EMPLOYEES ARE URGED TO PLAN AND SCHEDULE THEIR USE
OF LEAVE IN SUCH A MANNER AS TO ENSURE THEY DO NOT FORFEIT ACCRUED
ANNUAL LEAVE.
2E(7) DELETE
2E(8) DELETE
2E(9) DELETE
3A(1) MODIFY
PLAN AND SCHEDULE WORK IN GENERAL ACCORDANCE WITH THE POLICY SET
FORTH IN PARAGRAPH 2 ABOVE.
3A(2) DELETE
3A(5) DELETE
4. DELETE
--------------- FOOTNOTES: ---------------
/1/ SECTION 7117 PROVIDES, IN RELEVANT PART, AS FOLLOWS:
SEC. 7117. DUTY TO BARGAIN IN GOOD FAITH; COMPELLING NEED; DUTY TO
CONSULT
(A)(1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE DUTY TO
BARGAIN IN GOOD FAITH
SHALL, TO THE EXTENT NOT INCONSISTENT WITH ANY FEDERAL LAW OR ANY
GOVERNMENT-WIDE RULE OR
REGULATION, EXTEND TO MATTERS WHICH ARE THE SUBJECT OF ANY RULE OR
REGULATION ONLY IF THE RULE
OR REGULATION IS NOT A GOVERNMENT-WIDE RULE OR REGULATION.
/2/ IN DECIDING THAT THE PROPOSAL IS WITHIN THE DUTY TO BARGAIN, THE
AUTHORITY, OF COURSE, MAKES NO JUDGMENT AS TO ITS MERITS.
/3/ FPM SUPPLEMENT 990-2, BOOK 610, SUBCHAPTER S3-2 PROVIDES IN
PERTINENT PART AS FOLLOWS:
S3-2. RELIEVING DAILY, HOURLY, OR PIECEWORK EMPLOYEES FROM DUTY
. . . .
C. REGULATIONS. (1) "PURPOSE. THE PURPOSE OF THIS SUBPART IS TO
PROVIDE UNIFORM AND EQUITABLE STANDARDS UNDER WHICH REGULAR EMPLOYEES
PAID AT DAILY, HOURLY, OR PIECEWORK RATES MAY BE RELIEVED FROM DUTY WITH
PAY BY ADMINISTRATIVE ORDER." (SECTION 610.301)
(2) "POLICY STATEMENT. THE AUTHORITY IN THIS SUBPART MAY BE USED
ONLY TO THE EXTENT WARRANTED BY GOOD ADMINISTRATION FOR SHORT PERIODS OF
TIME NOT GENERALLY EXCEEDING 3 CONSECUTIVE WORK DAYS IN A SINGLE PERIOD
OF EXCUSED ABSENCE. THIS AUTHORITY MAY NOT BE USED IN SITUATIONS OF
EXTENSIVE DURATION OR FOR PERIODS OF INTERRUPTED OR SUSPENDED OPERATIONS
SUCH AS ORDINARILY WOULD BE COVERED BY THE SCHEDULING OF LEAVE,
FURLOUGH, OR THE ASSIGNMENT OF OTHER WORK. INSOFAR AS PRACTICABLE, EACH
ADMINISTRATIVE ORDER ISSUED UNDER THIS SUBPART SHALL PROVIDE BENEFITS
FOR REGULAR EMPLOYEES PAID AT DAILY, HOURLY, OR PIECEWORK RATES SIMILAR
TO THOSE PROVIDED FOR EMPLOYEES PAID AT ANNUAL RATES."
. . . .
(5)(A) "STANDARDS. AN ADMINISTRATIVE ORDER MAY BE ISSUED UNDER THIS
SUBPART WHEN:
"(A) NORMAL OPERATIONS OF AN ESTABLISHMENT ARE INTERRUPTED BY EVENTS
BEYOND THE CONTROL OF
MANAGEMENT OR EMPLOYEES;
"(B) FOR MANAGERIAL REASONS, THE CLOSING OF AN ESTABLISHMENT OR
PORTIONS THEREOF IS
REQUIRED FOR SHORT PERIODS;
"(C) IT IS IN THE PUBLIC INTEREST TO RELIEVE EMPLOYEES FROM WORK TO
PARTICIPATE IN CIVIL
ACTIVITIES WHICH THE GOVERNMENT IS INTERESTED IN ENCOURAGING; OR
"(D) THE CIRCUMSTANCES ARE SUCH THAT AN ADMINISTRATIVE ORDER UNDER
PARAGRAPH (A), (B), OR
(C) OF THIS SECTION IS NOT APPROPRIATE AND THE DEPARTMENT OR AGENCY
UNDER ITS REGULATIONS
EXCUSES, OR IS AUTHORIZED TO EXCUSE, WITHOUT CHARGE TO LEAVE OR LOSS
OF PAY, EMPLOYEES PAID ON
AN ANNUAL BASIS." (SECTION 610.305)
(B) GUIDES FOR RELIEVING EMPLOYEES FROM DUTY. THE RELEASE OF REGULAR
EMPLOYEES BECAUSE OF INTERRUPTION TO NORMAL OPERATIONS SHALL BE CONFINED
TO EMERGENCY SITUATIONS. THESE SITUATIONS MAY INCLUDE, BUT ARE NOT
LIMITED TO, EXTREME WEATHER CONDITIONS . . . , SERIOUS INTERRUPTION TO
PUBLIC TRANSPORTATION SERVICES, OR DISASTERS SUCH AS FIRE, FLOOD . . . .
MANAGERIAL REASONS . . . MAY INCLUDE, BUT ARE NOT LIMITED TO, RETOOLING
THE BREAKDOWN OF MACHINES . . . . THE CIVIL ACTIVITIES REFERRED TO,
MAY INCLUDE, BUT ARE NOT LIMITED TO REGISTERING TO VOTE OR VOTING . . .
TAKING PART IN VOLUNTEER BLOOD DONOR CAMPAIGNS, OR PARTICIPATING IN
EMERGENCY RESCUE OR PROTECTIVE WORK. OTHER CONDITIONS WARRANTING
CONSIDERATION FOR ADMINISTRATIVE DISMISSAL ARE THOSE, NOT COVERED ABOVE,
FOR WHICH EMPLOYEES PAID ON AN ANNUAL BASIS MAY BE AUTHORIZED TIME-OFF
(SEE 630 OF THIS SUPPLEMENT).
/4/ SEE 54 COMP.GEN. 503(1974).
/5/ 5 U.S.C. 6302(D) PROVIDES, IN PERTINENT PART, AS FOLLOWS:
(D) THE ANNUAL LEAVE PROVIDED BY THIS SUBCHAPTER . . . MAY BE GRANTED
AT ANY TIME DURING
THE YEAR AS THE HEAD OF THE AGENCY CONCERNED MAY PRESCRIBE.
/6/ FPM SUPPLEMENT 990-2, BOOK 630, SUBCHAPTER S3-4 PROVIDES IN
PERTINENT PART, AS FOLLOWS:
S3-4. GRANTING ANNUAL LEAVE
. . . .
B. AGENCY AUTHORITY. . . .
(B) TAKING OF LEAVE. THE TAKING OF ANNUAL LEAVE IS AN ABSOLUTE RIGHT
OF THE EMPLOYEE,
SUBJECT TO THE RIGHT OF THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT
CONCERNED TO FIX THE TIME
AT WHICH LEAVE MAY BE TAKEN (39 COMP.GEN. 611, CITING 16 COMP.GEN.
481).
/7/ SEE, E.G., 40 COMP.GEN. 312(1960).
/8/ SEE 54 COMP.GEN. 503, 506(1974).
/9/ E.G., 5 U.S.C.6321. THIS SECTION AUTHORIZES UP TO 4 HOURS OF
ADMINISTRATIVE LEAVE IN ANY ONE DAY FOR PARTICIPATION IN MILITARY
FUNERALS.
/10/ EXEC. ORDER NO.10,529, 19 FED.REG. 2,397(1954). THIS EXECUTIVE
ORDER AUTHORIZES UP TO 40 HOURS OF ADMINISTRATIVE LEAVE PER YEAR FOR
PARTICIPATION IN RECOGNIZED CIVIL DEFENSE ACTIVITIES.
/11/ NATIONAL LABOR RELATIONS BOARD UNION, LOCAL 5 AND NATIONAL LABOR
RELATIONS BOARD, REGION 5, 2 FLRA 327(1979). ACCORD, 53 COMP.GEN.
1054(1974).
/12/ SEE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 6 AND INTERNAL
REVENUE SERVICE, NEW ORLEANS DISTRICT, 3 FLRA NO. 118 AT 12-13 OF
DECISION (1980).