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B-191915 1 (1978-09-29)

handle is hein.gao/gaobadgle0001 and id is 1 raw text is: C. lys PH I DE OUC1SION *a THE UNITEN UTATXE WASHINGTON, D.C. 10540 FILE:- B-191915 DATE: Sptmber 29,, 1F98 MATTER OF: John W. Mrtrau, et al. - Retroactive Change in DG T Appointment, With Fringe Benefits DIGeY: Ernployees 'ippointed on an intermittent basis may not be retrna6tively gtanted regular part-time ap- pointments,, with accoinpanying fringe benefits, in the absence-of ev.ldence establishing that they worked preacheduled, continuous, regular tours of duty. This action results from the appeal by Mr; James M. Peirce, Presderittf the National Federation of Federal Employees (NFF), rf the'settlement dated January: 30, 1971, by our Claims Division ritch denied the claims of nineteen comitissary casniers employed at Fort George Meade, Maryland., The employees' claims' for o'nverior\from itermittent to reg- ular'part**time status, wiih assocfated fi-izt,ge behe'lts were disallowed on the ground that they were appointed as ihtermitteat eimployees and as subb weie not entitled to certain of the benefits claimed. In the settlement of January 39, 1978, the employees were advised that any claim for credito t:e Civil Service Retirement and Disablity Fund..should be directed to *heUnited States Civil Service Commission as thiy have exclusive jurisdiction in such matters. They were also advised of iwhat action to take if they had not been paid for overtime or holiday pay. The nineteen claimants were all designated intermittent employees until'offered the'oportifity to change t6 either full or part-time status. They contend, however, that on the basis of the work they acually pierfoztmed ttey shoutld be ritroactively graited regular part-time employee status and all accorrnanying'bcnefits, effertive fiom the first day of ei$lyrient. We'iite that five of the nineteen dlaimants were first.,imployed prior to 1970. Since the claims were nor; redeived in our Claims Division until April 16, 1976, we cannot, urider the terms 'of 31 U. S. C. 5 71a, consider any portion of their claims arising before April 16, 1970. Intermittent or when-actuiflly-erployed (WAE) duty is defined in Department of the Army CPR 990-2 (Cl), Book 610, paragraph S3 -2b(3), which provides in part as follows: 'Itermitt'ent (WAE) services are those rendered by employees for whom no tour of duty can feasibly be established on a con- tinuing basis. It applies to chose employees who are expected I

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