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B-186095 1 (1976-04-26)

handle is hein.gao/gaobaddor0001 and id is 1 raw text is: 


                    0ILR G1609
                             THE  COMPTROLLER GENERAL
                             OF   THE UNITED STATES
                             WASHINGTON, D. C. 2054a




FILE:  B-186095                     DATE:   APR  2 6 1976

MATTER OF: Anita M. Blaicher - Annual leave and leave
                without pay


DIGEST:


Where, prior to effective date of reorganization
between two installations, agency buses employees
during regular duty hours to perform work at in-
stallation to which they will subsequently be
transferred, it is within agency's administrative
discretion to place employees who refuse to comply
on annual leave or, in the case of employees
without annual leave to their credit, on leave
without pay.  Claim by employee that she was.
charged leave in reprisal for having earlier filed
a grievance is for consideration under agency
grievance procedures.


     By letter dated February 17, 1976, Mrs. Anita M. Blaicher,
formerly an employee of the Department of the Army, appeals the
determination by Transportation and Claims Division (now.Claims
Division) Settlement Certificate No. Z-2594811, September 9, 1975,
denying her claim for recredit of 38 hours annual leave and
payment for 34 hours charged to leave without pay.

     Mrs. Blaicher's claim arises in connection with a transfer
of function from Fort Hamilton, New York, to Fort Dix, New
Jersey.  The position to which Mrs. Blaicher was assigned at
Fort Hamilton was scheduled to be transferred to Fort.Dix as part
of a reorganization of both installations effective July 1, 1975.
In fact the workload of the particular office to which Mrs. Blaicher
was assigned was transferred to Fort Dix some weeks earlier. Fort
Hamilton employees whose work had been transferred to Fort Dix
were required to perform their duties at Fort Dix for a period
prior to the effective reorganization date, and for this purpose
were bused to Fort Dix during regular working hours at Government
expense beginning April 25. Under the mandatory busing policy in
effect through May 19, 1975, Fort Hamilton employees were required
to report to buses for transportation to Fort Dix at the time
they would normally have reported to work at Fort Hamilton and -
were presumably returned to Fort Hamilton at the time they nor-
mally would have completed their regular workdays. On May 20,
1975, the policy of transporting employees to Fort Dix was relaxed
and busing thereafter was accomplished on a voluntary basis.

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