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B-203801 1 (1982-08-13)

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     FILE: 203801                   DATE:    A'igusc 13, 1982

     MATTER OF: American Federation of Government Employees
                  !ocal 1364 -Military Leave or Annual Leave

     DIGEST: Advance party of several civilian emplcjee.i
              of Carswell Air Force Bae were issued two
              sets of orders for active military duty;
              one set of orders was for advance duty on
              Ihursday and Friday, June 5-6, 19B0, and
              the other sel was for regular suMmer camp
              duty on June 7-21, 1980.  However, after
              an audit, the Air Fotce copuited military
              leave for those employees as if there was
              only ote pericd of active duty and chargud
              I day'u annual leave in addition to 15 days'
              military leave.  The union claims that
              military leave should have been canputed
              for each tour of duty separately and no
              annual leave charged,  Since the absence
              for military leave was coatinuais and
              the weekend of June 7-8 fell wholly within
              the period of absence, military leave
              must b:. charged for those( days. The union's
              claim on behalf of its employees is denied.

      This decision is in responue to a request for a
 decision filed by James H. Carter, President, American
 Federation of Government Empiojees (AFGE) Local 1364,
'on behalf of several civilian employees of Department
of the Air Force,   Pursuant to 4 C.FOR. Part 22 (1981)
(originally published as 4 C.F.R. Part 21 at 45 Fed.
Reg. 55689-92, August 21, 1980), t1he Air Force was
served with a copy of, AFGE's request, but has filed 't
written ccanents or response.

      The main issue in this case is whether empliojes
 must be charged military leave for nonwor]hdays at the
 beginning of a second tour of military duty when the
 second taar begins the day atter the end of the first
 tour of military duty. We hold that the emplearees An
 question must be charged military leave for the non-.
 workdays at the'beginning of the second tcur of military
 duty tinder the circumstances described below.

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