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B-212031 1 (1983-09-27)

handle is hein.gao/gaobadlio0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION OF THE UNITED STATES WAS-HING-TON. O.G. 2058 FILE: B-212031 DATE: September 27, 1983 MATTER OF: Ismene M. Kalaris - Annual Leave for Attending Court Hearing DIGEST: An employee brought an action in United States District Court against the Department of Labor (DOL) seeking to prevent her removal from her position by the Secretary of Labor. She was charged 4 hours of annual leave for time spent observing oral argument in her case. The District Court ruled she was improperly separated but the United States Court of Appeals upheld her separation. We will not disturb DOL's exercise of discre- tion to charge her annual leave since there is no basis for an unsuccessful plaintiff suing the Federal Government to have such time considered official time. Furthermore, 5 U.S.C. S 6322 granting court leave to jurors or witnesses does not apply here. Ms. Ismene M. Kalaris, a former Administrative Appeals Judge, Benefits Review Board, Department of Labor (DOL), contests DOL's decision to charge her 4 hours of annual leave for time she spent observing oral argument in the case of In Re Benefits Review Board, Civil Action Nos. 82-1278, 82-1406, (D.D.C. June 2, 1982). For the reasons which follow, we uphold DOL's action charging Ms. Kalaris annual leave. On June 1, 1982, Ms. Kalaris observed oral argument in the case of In Re Benefits Review Board, cited above, a case in which Ms. Kalaris was a plaintiff, challenging the validity of the Secretary of Labor's action removing two administrative law judges, one of whom was Ms. Kalaris, from their positions on the Benefits Review Board. The District Court held that the Secretary had no authority to remove the administrative law judges and the court declared the Secretary's action null and void.

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