About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-209813 1 (1983-04-22)

handle is hein.gao/gaobadlaq0001 and id is 1 raw text is: THE COMPTROLLER OENERA4 OECISION OF THE UNITED STATES WAGHINGTON. 0.C. 20548 FILE: B-209813 DATE: April 22, 1983 MATTER OF: Ms. Bari Edgehill - Compensation for Work Performed Beyond Limitation of Appointment DIGEST: Employee of the National Mediation Board, who performed work in excess of her 1,040-hour temporary appoint- ment due to administrative error, is a de facto employee and may retain compensation for services which were performed in good faith. This is in response .to-a request from Rowland K. Quinn, Jr., Executive Secretary of the National Mediation Board, for a decision concerning Ms. Bari Edgehill's entitlement to compensation for service in excess of her 1,040-hour temporary appointment. For the reasons stated below, we hold that Ms. Edgehill is entitled to retain the compensation she received for hours worked in excess of her appointment limitation. In September 1980, Ms. 'Edgehill was temporarily appointed by the National Mediation Board to the position of Computer Statistical Aide, grade GS-3, under the provi- sions of Chapter 213, Appendix C, section 213.3102(q) of the Federal Personnel Manual, which authorize the appointment of bona fide college and university students who are pursuing courses related to the fields in which they are employed. Such appointments are limited to 1,040 working hours a year. Ms. Edgehill's first appointment terminated in September 1981, and she was reappointed to the same position for the term October 5, 1981, to September 17, 1982. The Board's report indicates that Ms. Edgehill exceeded the hours limitation of her second appointment by 234.5 hours. Specifically, the Board states that Ms. Edgehill was compensated for 1,274.5 hours, consisting of 1,193.5 hours actually worked, and 81 hours of annual and sick leave used by the employee during the period of her appointment. The Board explains that the appointment limitation was exceeded because it erroneously applied the 1,040-hour limitation on a calendar year basis rather than an appointment basis, and did not include annual and sick leave used by the employee in its computation of working hours. Jc2l--5Z 7

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most