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B-234596 1 (1989-08-23)

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          Decision



          Mflerof  Norfolk Naval Shipyard a Restoration of Forfeited
                     Annual Leave
          FOP.:
                     B-234596
          Date;      August 23, 1989




          Some employees of the Norfolk Naval Shirlard, on approved
          leave for the remainder of the 1987 leave year ending
          January 2, 1988, forfeited up to 4 hours of annual leave as
          a result of the President declaring the last half (4 hours)
          of the scheduled workday on December 24, 1987, as a half-
          day closing. As a result, the employees' annual leave
          accounts exceeded the maximum carryover of 240 hours.
          There is no authority to restore the forfeited annual leave
          in excess of statutory limit of 240 hours for carryover into
          tho next leave year.



          This decision is in response to a joint request for decision
          pursuant to labor-management relations procedures set forth
          in 4 C.F.R. Part 22 from the Department of the Navy, Norfolk
          Naval Shipyard, Portsmouth, Virginia, and the American
          Federation of Government Cmalo'yeas (AFGE), Local 4015. 'The
          parties request a decision as to whether approximately 40
          employees who forfeited up to 4 hours annual leave because
          of the issuance by the President of Executive Order 12619,
          excusing all federal employees from duty for the last half
          of the scheduled workday on December 24, 1987, are entitled
          to the restoration of the forfeited annual leave under the
          facts set forth below. We hold that, in the circumstances
          presented here, the employees are not entitled to leave
          restoration.
          BACKGROUND

          The Norfolk Naval Shipyard has established a curtailment
          policy, stoppinq all,.but essential operations for 4 to
          8 workdays between Christmas through New Year's Day. On
          July 31, 1987, the activity issued a notice which set out
          the period of curtailment for 1987-1988, which was from

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