A-60807, APRIL 6, 1935, 14 COMP. GEN. 738

A-60807: Apr 6, 1935

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THE SERVICE OF ALL MEMBERS OF THE BOARD AND ITS EMPLOYEES WILL AUTOMATICALLY TERMINATE JUNE 16. AS FOLLOWS: IT IS REQUESTED THAT YOU ADVISE THIS OFFICE REGARDING THE ACCRUED ANNUAL LEAVE DUE EMPLOYEES FOR THE CURRENT YEAR. 74TH CONGRESS) IS NOT MADE LAW. IF NO OTHER CONGRESSIONAL ACTION IS TAKEN WHICH WOULD EXTEND THE LIFE OF THE BOARD WITH CONTINUITY OF ITS PRESENT PERSONNEL. MAY WE ALSO HAVE YOUR ADVICE AS TO THE STATUS OF EMPLOYEES WHO. THAT IS TO PAY OBLIGATIONS INCURRED BEFORE JUNE 16. IF IT WILL NOT BE POSSIBLE FOR THE BOARD LEGALLY TO PROVIDE ITSELF WITH THIS SERVICE UNDER JOINT RESOLUTION NO. 44. WILL YOU KINDLY ADVISE WHAT STEPS SHOULD BE TAKEN TO INSURE THE EXPENSES OF SUCH ERVICE?

A-60807, APRIL 6, 1935, 14 COMP. GEN. 738

TERMINATION OF THE NATIONAL LABOR RELATIONS BOARD UPON THE EXPIRATION OF A GOVERNMENTAL AGENCY BY OPERATION OF LAW, ITS PERSONNEL MAY NOT BE PAID AT TIME OF SEPARATION FROM THE SERVICE FOR LEAVE NOT GRANTED AND ACTUALLY TAKEN PRIOR TO SEPARATION. IF THE NATIONAL LABOR RELATIONS BOARD EXPIRES BY OPERATION OF EXISTING LAW JUNE 16, 1935, THE SERVICE OF ALL MEMBERS OF THE BOARD AND ITS EMPLOYEES WILL AUTOMATICALLY TERMINATE JUNE 16, 1935. ALL LAWFUL OBLIGATIONS THERETOFORE INCURRED BY THE BOARD WOULD BE PAYABLE BY DIRECT SETTLEMENT OF THE GENERAL ACCOUNTING OFFICE.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN, NATIONAL LABOR RELATIONS BOARD, APRIL 6, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 9, 1935, AS FOLLOWS:

IT IS REQUESTED THAT YOU ADVISE THIS OFFICE REGARDING THE ACCRUED ANNUAL LEAVE DUE EMPLOYEES FOR THE CURRENT YEAR.

JOINT RESOLUTION NO. 44, 73D CONGRESS, APPROVED JUNE 19, 1934, LIMITS THE EXISTENCE OF THIS BOARD TO JUNE 16, 1935. IF PENDING LEGISLATION (BILL NO. S. 1958, 74TH CONGRESS) IS NOT MADE LAW, AND IF NO OTHER CONGRESSIONAL ACTION IS TAKEN WHICH WOULD EXTEND THE LIFE OF THE BOARD WITH CONTINUITY OF ITS PRESENT PERSONNEL, COULD ITS EMPLOYEES ON BEING DISBANDED ON JUNE 16 RECEIVE CHECKS COVERING THEIR ANNUAL LEAVE ACCRUALS? OR MUST THEY COMPLETE TAKING THEIR ANNUAL LEAVE BEFORE JUNE 16?

MAY WE ALSO HAVE YOUR ADVICE AS TO THE STATUS OF EMPLOYEES WHO, UNDER THE HYPOTHESIS OUTLINED ABOVE, MIGHT BE RETAINED TO CONCLUDE THE AFFAIRS OF THIS BOARD; THAT IS TO PAY OBLIGATIONS INCURRED BEFORE JUNE 16, ATTEND TO THE CLOSING OF THE OFFICE, ETC.? IF IT WILL NOT BE POSSIBLE FOR THE BOARD LEGALLY TO PROVIDE ITSELF WITH THIS SERVICE UNDER JOINT RESOLUTION NO. 44, 73D CONGRESS, WILL YOU KINDLY ADVISE WHAT STEPS SHOULD BE TAKEN TO INSURE THE EXPENSES OF SUCH ERVICE?

ANNUAL LEAVE OF ABSENCE UNDER EXISTING LAWS IS A PRIVILEGE ONLY, ALLOWABLE WITHIN ADMINISTRATIVE DISCRETION, SUBJECT, OF COURSE, TO STATUTORY LIMITATIONS. IT HAS BEEN HELD CONSISTENTLY THAT, IN THE ABSENCE OF A SPECIFIC STATUTE SO PROVIDING, THERE IS NO AUTHORITY TO PAY EMPLOYEES AT THE TIME OF SEPARATION OR THEREAFTER FOR LEAVE NOT GRANTED AND ACTUALLY TAKEN PRIOR TO SEPARATION. 7 COMP. GEN. 83; 8 ID. 471; 12 ID. 602; 13 ID. 179; 14 ID. 443. ACCORDINGLY, IF YOUR BOARD TERMINATES BY OPERATION OF LAW JUNE 16, 1935, NO PAYMENT IS AUTHORIZED FOR ANY LEAVE NOT ACTUALLY GRANTED AND TAKEN PRIOR TO THAT DATE. THAT IS TO SAY, IN ORDER FOR THE EMPLOYEES, OTHERWISE ENTITLED TO LEAVE, TO BE PAID FOR LEAVE, IT IS NOT ENOUGH THAT THE LEAVE BE GRANTED BEFORE JUNE 16, 1935, BUT THE LEAVE SO GRANTED MUST HAVE ACTUALLY EXPIRED ON OR BEFORE SAID DATE.

IF THE BOARD EXPIRES JUNE 16 AND BILL S. 1958 IS NOT ENACTED AND NO OTHER PROVISION IS MADE BY LAW FOR THE DISPOSITION OF THE PERSONNEL, RECORDS, ETC., OF THE BOARD, THE SERVICE OF ALL OFFICERS AND EMPLOYEES OF THE BOARD WILL BE AUTOMATICALLY TERMINATED JUNE 16, AND NEITHER THE MEMBERS OF THE BOARD NOR ANY OF ITS EMPLOYEES MAY CONTINUE IN THE SERVICE THEREAFTER FOR THE PURPOSE OF CONCLUDING THE AFFAIRS OF THE BOARD OR OTHERWISE. IN SUCH EVENT, ALL LAWFUL OBLIGATIONS THERETOFORE INCURRED BY THE BOARD WOULD BE PAYABLE BY DIRECT SETTLEMENT OF THIS OFFICE. SEE 3 COMP. GEN. 123; 14 ID. 490. THE QUESTIONS IN YOUR CONCLUDING PARAGRAPH ARE ANSWERED ACCORDINGLY.