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B-236228.2 1 (1991-04-16)

handle is hein.gao/gaobadnwf0001 and id is 1 raw text is: Compt rer Geam of ae Uaftd Slate WMAItEWau D.C. 14 Decision Hatter of: Maynard W. Thompson - Intermittent Employee - Claim for Leave Benefits rlua: B-236228.2 Date: April 16, 1991 DI02ST An employee seekv reconsideration of a prior decision on his claim that held'Lhat the employee, hired as an intermittent United States deputy marshal, was not entitled to leave bene- fits because the findings contained in his agency's report supported the determination that he was not assigned regularly scheduled tours of duty. Evidence that he frequently reported to work at 8:30 a.m. sometimes 4t the request of his supervisor, that he performed a variety of duties, and that he often worked 78 hours in a pay period is n-t sufficient to refute those findings. The prior decision, B-236228, Dec. 22, 1989, is affirmed. DCISIOI Mr. Maynard W. Thompson requests reconsideration of our decision, B-236228, December 22, 1989, which sustained the denial of his claim for leave benefits.l/ For the following reasons, the prior decision is affirmed. BACKGROUND Mr. Thompson initiated a claim ori January 28, 1984, with his employer, the Utited States Marshals Service, Department of Justice, for retroactive leave benefits relating back to the beginning of'his employment on August 4, 1970. His claim was based on his assertion that he worked a regularly scheduled tour of duty and,\therefore, was a regular part-time employee rather than an intermittent employee as designated by the agency. The agency denied his claim. In 1986 he requested that the Office of Personnel Management (OPM) amend his personnel records to show that he was a part- time rather than intermittent employee. OPM denied that request. l/ The request was made through his attorney, Stephen T. Onuska, Miami, Florida.

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