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B-183723 1 (1975-08-21)

handle is hein.gao/gaobadcnq0001 and id is 1 raw text is: FILE: [DATE: AU EB-183723 MATTE OF: Burton H. Jaffe -Adjustments of Absence [DIGEEST: Without Leave Charges .Equal Employm-ent Opportunity Commission employee claims compensation for charges of absence vithout leave. There is no entitlement since, when there is dispute as to the facts, the General Accounting Office will accept the agency'.s statement of facts absent'a preponderance of evidence to the contrary, and the employee has not presented such evidence. This decision results from a request for review of the action of our Transportation and Claims Division (TCD) dated March 3, 1975, on the claim of Burton H. Jaffe for restoration of annual leave charg:es in his leave and pay records and removal of two absent 'Without leave (Av OL) charges made by his former euployer, the Equal Emiployment Opportunity Commi--s.sin (EEOC). O three occasions in 1973 the EEOC charged Mr. Jaffe annual leave for a total of 5 hours. In one instance the time card wa-s not initialed as procedure requires before an employee's account may be charged, and in the other two the initials recorded were not those used by Mr. Jaffe. Also, the EE0C charged Mr. Jaffe a total of 8 hours AWOL for leaving his assigned work area without authorization on two occasions. His salary was reduced for such absences and he was issued a letter of reprimand dated April 23, 1974, in connection with the second absence. The EEOC advised our TCD that it would recredit 5 hours of annual leave to Mr. Jaffe's account and forward the credit to his present employer, the Department of Labor. However, the EEOC stated that Mr. Jaffe did not appeal the AOL charges. Accordingly, our TCD accepted the statement of facts of the employing agencyt Mr. Jaffe contests the action concerning the AnOL charges anssurtte andditional material which he alleges shows tcharte iharges were unjustified.

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