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B-180021 1 (1978-09-05)

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8-180021


DATE:


September 5,


MATTER   OF:   Labor-Management Services Administration -
               Annual leave charge while in a constructive
               travel status
DIGEST*
           Employees departed on travel on Sunda,*, April 15,
           1978, to labor-management'meeting scheduled  to
           begin op Tuesday, April 18, 1978.  Agency
           questions whether it should aharge employees
           for annual leave on'Monday, April 17, 1978,
           which was designated by agency as day of
           tr'avel. In cases where employees depart
           early due to personal conveaience for
           official travel, entitlements should be
           determined on a constructive basis as if they
           had performed travel by mode authorized and
           at proper time. Employees' travel should be
           constructed as if they traveled on Mgnday and
           they should not be charged leave for any time
           that they constructively would have spent in a
           travel status.


     This action results from the request of
Warshaw, Deputy Assistant Secretary of Labor,
decision concerning annual leave charges fore
who performed official travel on a nonworkday
a workday designated for travel.


Jack A.-
for  our
employees
in  lieu


     Mr. Warshew reports thatia labor-management meeting
was scheduled to begin in Washington, D.C., on Tuesday,
April 18, 1978, between the Labor-Manaqement Services
Administration (LMSA), U.S. Department of Labor, and the
National Union of Compliance Officers  (NUCO), which has
exclusive recognition for LMSA field employees under
Executive OLder 11491,'October 29, 1969, as amended.
Certain desiinatedemployee  union representatives were
provided time during regularly scheduled work hours on
Monda9, April 17, 1978, for travel. Several of the employee
representatives traveled on Sunday, April 16, 1978, for
personal convenience. These employees have irequested that
their traveltime on Sunday be reconstructed to Monday,as
official time.,$

     Mr. Warshaw presents LMSA's position as follows:


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