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B-181686 1 (1975-09-02)

handle is hein.gao/gaobadcpu0001 and id is 1 raw text is: THE COMPTROLLER GENERAL MECIUSION OF THE UNITED STATES WASHINGTON, D.C. 2O548 61 \ IT EV FILE: DATE: SEP 2 1975 B-181686 C7S65 MATTER OF: Charles T.-Turner - Approval of sick leave for incapacity due to fatigue DIGEST: Award of arbitrator granting sick leave to an employee who attended sick member of family not afflicted with a contagious disease, who as a result was not able to perform his duties may not be implemented by agency since there is no legal authority to grant sick leave in the circumstances. The Federal Aviation Administration (FAA), Department of Transportation, asks whether it may legally comply with an arbitrator's award in FAA and Professional Air Traffic Controllers' Organization (PATCO), Anthony J. Sabella,Arbitrator (case Nio. 74K/03131). The award requires that an employee be charged sick leave rather than annual leave for an absence of 5 hours because of physical fatigue resulting from lack of sleep. The stipulated facts on which the award is based are summarized as follows. At 5:30 a.m. on June 14, 1973, the grievant, Mr. Charles T. Turner, Air Traffic Control Specialist at the Memphis Air Route Traffic Control Center, called the Center to request sick leave because he had been up during the night with his sick wife and needed rest. The request was made to Mr. Roy Turner, Assistant Chief at the Center who was the management official in charge of the 12 midnight to 8 a.m. shift. The grievant stated that he needed some rest and would try to make it in to work at a later time. Assistant Chief Turner approved the sick leave request and relayed that information to Mr. Joe Anderson, Assistant Chief on the day shift. At!.8:30 a.m. that morning, Assistant Chief Anderson called the grievant at his home and asked him about his intentions for reporting to work at a later time. During that conversation Mr. Anderson questioned whether the absence could be charged to sick leave. Mr. Anderson told the grievant that the Center needed him and asked him if he intended to come in. The grievant agreed to come in, and he reported for work at 9:20 a.m. Upon arriving at the Center, the grievant informed his team supervisor that he was not physically able to control traffic and that he wanted to take leave as soon as he could be spared. le was C VM=FSHED DECISION 55 Comp. Gen..***

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