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B-192104 1 (1978-09-01)

handle is hein.gao/gaobadgig0001 and id is 1 raw text is: oNOF THE UNITWD BrATED 'NAGHIN07TON. C V. 1OS4E FILE: B-192104 OATE: feptember 1 , .1978 MATTER OF: Commnissary Employees - E'titlement to Holiday DIGEST: Army closed'Comnissary on Saturday Lo avoid payment of holiday pay to full-atinet employees who were entitled to a holiday. In view of regulations governing administrative dismissal of employees, agency properly required part- timL cmployees who were not entitled to a holiday to takt annual leave or leave-without-pay on the S:aturday the Coimnissary was closed. This action is in response to the request from the American Federation of Government Empl6ees (AFGE), reference 12q/L 2324, for a decision regarding,the entitlement of regularly scheduled part-Ume employees of the.Fort Riley, Kansas, Commissary, to compensation without charge to leave when the activity was closed by adminisirative order on Saturday, February 18, 1978. The facts, as presented by the union, are not in dispute. The Commissary employs both full-Lime and part-time employees whose regularly scheduled workweek is Tuesday through Saturday. Since the -bservance of Washingtom's Birthday occurred for most Federal employees on Monday, February 20, 1978, a nunworkday for these employees, the agency declared that the full-time employeas would observe the holiday on Saturday, February 18, 1978. See 5 U.S.C. 6102(b)(2) (1976). In view of the aqticipated expenditure of funds for holiday pay, thc agency chose to close the Commissary on Saturnay, February 18, 1978, as well as Monday, Februazy 20, 197B. For these full-time caiployees, Soturday was considered a holiday for which there would be no charge to leave. However, the agency advised the part-time and intennittent cmployees who were schedulcc to work on Saturday Lhat they would he forced to take annual lcave or leave-without-pay foi that day. The 'union does not dispute the agency's contenlion that under the appropriate statute, Erecutive order, and decisions of our Office, part- ttmrncemployees are not entitled to a day in lieu of ai holiday which does not fal within their bric workweek. !nsttad, AFGE argues thet under the auiority of 5 U.S.C. 6L`04 (1976), regularly scheduled part-time cmployens are.entitled to compensation for a day in which their activity is closed by hdministralive order, regardless of the reason for its closing. KI K J

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