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B-229170 1 (1988-09-09)

handle is hein.gao/gaobadnfb0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Russell C. Washington, Sr., et al. File: B-229170 Date: September 9, 1988 DIGEST Employees were appointed on a when-actually-employed or intermittent basis. While they generally worked the same schedule over a period of time, this alone does not constitute a regularly scheduled tour of duty. Therefore, the employees are not entitled to retroactive annual and sick leave benefits. DECISION We hold that Russel C. Washington, Sr., et al., employees of the Bureau of the Census, United States Department of Commerce, are not entitled to retroactive annual and sick leave benefits for the time during which they were employed in an intermittent or when-actually-employed (WAE) status. BACKGROUND This action results from simultaneous submissions for a decision by the Comptroller General on an unresolved grievance between employees represented by the American Federation of Government Employees, Local 2782, AFL-CIO, and the Bureau of the Census, United States Department of Commerce. The two issues in dispute which gave rise to the grievance are: (1) whether Russel C. Washington, Sr., and 10 other employees, intermittent (WAE) employees of the Bureau of the Census, were required to work prescheduled tours of duty; and, (2) if so, whether they are entitled to retroactive annual and sick leave benefits on a pro rata basis for the weeks they in fact worked prescheduled tours of duty. All 11 employees were designated intermittents, or WAEs, and did not accrue annual or sick leave until offered the opportunity in 1985 to change to mixed tour, permanent full- time, or permanent part-time status, in which they did o0 Z3)9;

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