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B-179833 1 (1974-01-04)

handle is hein.gao/gaobaadqx0001 and id is 1 raw text is: COMPTROLLER (SENERAL OF THE UNITED STATIES WA2MIPOCTOU. D C_ t= 3-179833 Jsn~try 4, 19714 The ?onorable John U, Fanning Acting Chaitrman, lUatiLial Labor Ralations Board Dear Hr., anning: Further reference is nad to your letter of October 3, 1973, wherein you request a decisicm as to whether retroactive promotions may be made to certain employees of the Nacional Labor Relations Board under the following conditions, You stale that It has been the practice of the ational Labor Relations hoard to rake pro:aotionu effective at the Leginntn of the pay period followin thu date the rwtice of sucL' actton Is received by the Personnel Office. Te result of this policy has, in nany cases, denied employees of an increase in conpetisation for periods up to 13 days. Since it hs been ostablJshed that Eundoy i the beginning of a pay period, an ezployee who in nottf.od on Monday, the next workduy of the new pay period, thit he is promoted, sust wat tmutil the boaimding of Lho uext pay period for th.e pro- motion to bucome effective. Thuu the euployea has lost the now rate o( pay for 13 daya, To correct %tat you consider to be an inequity you propose to establish a policy which, for pay purpooes,'would desiguate Ilkday, following the close of the pay period, as the berinning of a ni. pay period. You feel that It would be only fair end Just to include all ftploycea who were promoted on or after July 1, 1973, retroactiveLy. Section 5504(a) of title 5, United States Code, provides that the pay period for &n e loyoa covers two adwlnistrative vorkvcoka. Section 6101 provido tiat it iu the duty of the hoed of thu depart- wantn mud agencies to establish a basic adminiastrative workweek of 40 hours, Civil Service reoulation, section 610.121 of title 5, Code of Federal Regulations, govarninu hours of dutt, provides that except when the head of an acency detmines that the cgecy would be seriously handicapped in carrying out its functions or thut the costs would be substantially increased ht shall provide that the basic 40O-hour workweek is scheduled on 5 days, Monday through Fri- day whon poosiblo, and ctho 2 days outside the basic workweek are consecutive. Under this statutory language and reGulation it would be within your discretion as Acting ead of your agency to desi&nate ij L i-pto y e . U

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