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B-156287 1 (1976-02-23)

handle is hein.gao/gaobaddft0001 and id is 1 raw text is: PI EIS 10I' FILE: 13- 156,' I R \ THE CG0MPTROLLER GENERAL .F THE UNITED STATES WASHINGTON, 0. C. 20548 DATE: FEB 2 319756 ff 87 MATTER OF: Department of the Army and Overseas Federation of Teachers - Extended Official Time and Leave Without P;.y for Union Representative DIGEST: 1. Department of Army questions legality of negotiated agreement permitting employee to serve as full-time union representative by use of official time for one-half of each day and leave without pay for other half day for 3 years. Civil Service Commission regulations authorize agencies to grant leave without pay unrestricted as to time period, but suggest pericd not exceed 1 year with careful review of requests for exten- sion. Agreement provision is valid as to extended leave without pay. 2. Agency and union agreed employee would be granted use of official time for half of each day ard leave without pay for other half day for 3 years to serve as union representative. No statute authorizes extended ofucial time for this purpose. hile dc-zrtments and agencies have authority under 5 U. S. C. § 301 and specific enabling la-ws to allocate employee duties, authority is not sufficiently broad to permit diversion of employee from his official position for extended period. Thus, official time provision cf agreement is invalid and may not be implemented. 3. In the absence of specific statutory authority, agencies and departments may not permit an in- dividual employee to devote more than 160 hours of official time per year to the performance of union representational duties. This action involves a reouest from the Department of the Army by letter of January 10, 1z75, from Jack . 1obbs, Acting Assistant Secretary of the Army (Financial Management), for an advance deci- sion on the legality or propriety of a provision in a labor-nanagement agreement negotiated between the United States Dependents Schools, European Area (USDISEA) and the Overseas Federation of Teachers (OFT), hereinafter sometimes referred to as the ,1gency and the itunion, respectively, pursuant to Executive Order No. 11491, as

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