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B-233656 1 (1989-06-19)

handle is hein.gao/gaobadnmk0001 and id is 1 raw text is: 



          w Compenier General
          of the united Be s
($)Wahiestem D.C. 2
          Decision


                    Intermittent Employees - Compensation - Lapsed
          Matterof. Appropriations and Emergency Closing

          F~e:      B-233656

          Date:     June 19, 1989



          1.  Intermittant employees who were furloughed for 4 hours
          on October 17, 1986, due to a lapse in appropriations are
          entitled to be compensated for the period during which the
          lapse occurred. See H.J. Res. 754, Oct. 27, 1986.

          2. Intermittent employees who were furloughed for
          3-1/4 Hours due to an emergency shutdown of the office
          (wtterline break) claim compensation for the period during
          which the shutdown occurred. Evidence shows that the
          employees were at work and had ample work to complete a
          normal workday. Under these circumstances, the agency may
          grant them administrative leave and may compensate them in
          same manner as all other employees who were sent home.


          DEC181IO

          This d cis io ' cncerns two unresolved .grievancoes between
          employees .r;ree, nted by the Nation'al 'Treasury ',mployees
          Union (NTEU), Chapter 28,'\and the Internal Revenue Service
          (IRS), Richmond lDistr'ct Office4l/ The issues indispute
          are:  (1) whether temporary intermittent empldyees are
          entitled to compensation (in the form of administrative
          leave) for time lost during a furlough which resulte from a
          lapse Jn appropriationsg and (2) whether the IRS has author-
          ity to compensate intermittent employees who were deprived
          of compensation for work that would have been performed but
          for an emergency closing of the regional office.3/ For the


          1/  Submitted by Jack G. Petrie, IRS District Director.
          Both parties have agreed to abide by our decision.

          I/ The IRS states that in the interest of equity and gcod
          employee relations, the agency has no objection to compen-
          sating these employees for the time lost if there is a
          legal way to do so.

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