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B-127474 1 (1979-02-09)

handle is hein.gao/gaobadgxp0001 and id is 1 raw text is: DECISION FILE: B-127474 MATTER OF: DIGEST: THE COMPTROLLER GENERAL OF TH-IE UN ITED STATES VVASHINGTON. D. C. 20548 DATE: February 9, 1979 Naval Supply Center - Annual leave adjustment 7' Agency erroneously applied Executive Order No. 11582, February 11, 1971, and designated Tuesday, February 21, 1978, as holiday in lieu of Washington's Birthday, February 20, 1978, for employees with Tuesday through Saturday workweek. Civil Service Commission subsequently ruled that 5 U.S.C. 6103(b)(2) (1976) was applicable and that proper in lieu of holiday was last workday prior to holiday. Agency paid employees holiday premium pay under 5 U.S.C. 5546 (1976) and charged annual leave for Tuesday, February 21, 1978. Since agency has found that leave charge under such circumstances constitutes unwarranted personnel action under Back Pay Act, 5 U.S.C. 5596 (1976), agency should restore annual leave charged. This action is at the request of Rear Admiral J.E. McKenna, United States Navy, Commanding Officer, Naval Supply Center, Norfolk, Virginia. Admiral McKenna requests our decision as to the ropriety of ae-shar-ge to- annual leave which is -the subject of -a grievance We understand that incident to the grievance, which was brought Ky the International Association of Machinists and Aerospace Workers, an interim decision has been issued by the grievance examiner pending a ruling by this Office. Incident to Washington's Birthday holiday, Monday, February 20, 1978, the Naval Supply Center, Norfolk, designated Tuesday, February 21, 1978, as the day the holiday would be observed by employees whose workweek was Tuesday through Saturday. The employees observed Tuesday, February 21, 1978, as the holiday but subsequently filed a grievance stating that the last workday of the previous -week should have been designated as the holiday in lieu of Monday, February 20, 1978. The employees requested that they be paid holiday premium pay pursuant to 5 U.S.C. 5546 (1976) for the last workday of the previous week since they had worked that day, and they be granted administrative leave for Tuesday, February 21, 1978. The Naval Supply Center requested guidance from the Civil Service Commission concerning which day was the proper day in lieu of the Monday, February 20, 1978, holiday. The Commission ruled that 0 03595 17,)

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