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B-208406 1 (1982-10-06)

handle is hein.gao/gaobadkqz0001 and id is 1 raw text is: 




DECIS3ION




FILE: B-208406


MATTER OF:


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THI COMPTROLLER GENERAL
OP THE UNITISD BTATES
WABHINGTON , .C. 2054B



      DATE: October 6, 1982


Ilerit Systems Protection Board -
Administrative Leave - Partial Shutdown


The Ilerit Systems Protection Board asks
whether administrative leave may be
granted retroactively to employees who
were ordered not to report for work
during a brief partial shutdown of the
agency,  The employees were placed on
half-time, half-pay status in order to
forestall a funding gap which would have
ncessitated a full closedown.    In its
discretion, the Board has the authority
to retroactively grant admtnistrative
leave with pay to the affected employees
to the extent appropriated funds were
available and adequate on che dates of
the partial shutdown.


     fir. Richard Redenius, the tanacing Director, Herit
Systems Protection Board (HSPB or Board, has requested
a decision as to the authority of ?SPB to grtant retro-
active administrative leave to its employees who were
ordered not to report for work during an administra-
tively declared partial shutdown resulting from the
Board's efforts to forestall a funding gap. For the
reasons stated herein, ewe hold that the Board may grant
retroactive administrative leave 'a its employees for
the time in question.

                       BACKGROUND


     On December 15, 1981, the Congress passed a
continuing resolution which had the effect of cutting
the USPB's fiscal year 1.982 appropriation by 16 per-
cent. This unforeseen budgetary shortfall and the
Board's uncertal it:, as to when or whether needed
supplemontal appropriations would be passed resulted
a management decision in the summer of 1982 to stretc
fiscal year 1982 approprititions as far as possible by
initiating a partial shutdown. The Board viewed the
partial shutdown as an alternative to the potential o


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