B-128287, AUGUST 10, 1956, 36 COMP. GEN. 110

B-128287: Aug 10, 1956

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LEAVES OF ABSENCE - ACCRUAL - ALASKA RAILROAD EMPLOYEES - EMPLOYEES WHO DO NOT HAVE REGULAR TOURS OF DUTY ALASKA RAILROAD TRAIN AND ENGINE EMPLOYEES WHO RENDER SUBSTANTIALLY FULL- TIME SERVICE AND ARE SUBJECT TO CALL 24 HOURS A DAY FOR SIX OR SEVEN DAYS PER WEEK MAY NOT BE CONSIDERED "PART-TIME" EMPLOYEES WITHIN THE PURVIEW OF SECTION 202 (B) (1) (B) OF THE ANNUAL AND SICK LEAVE ACT OF 1951. EVEN THOUGH THEY DO NOT HAVE REGULARLY ESTABLISHED TOURS OF DUTY THEY ARE ENTITLED TO ACCRUE ANNUAL AND SICK LEAVE. 1956: REFERENCE IS MADE TO YOUR LETTER OF JUNE 15. THE ALASKA RAILROAD IS OPERATED BY A FORCE WHICH IS DIVIDED INTO TWO CATEGORIES. ONE CATEGORY CONSISTS OF REGULAR CREWS WHO ARE ASSIGNED TO SCHEDULED RUNS.

B-128287, AUGUST 10, 1956, 36 COMP. GEN. 110

LEAVES OF ABSENCE - ACCRUAL - ALASKA RAILROAD EMPLOYEES - EMPLOYEES WHO DO NOT HAVE REGULAR TOURS OF DUTY ALASKA RAILROAD TRAIN AND ENGINE EMPLOYEES WHO RENDER SUBSTANTIALLY FULL- TIME SERVICE AND ARE SUBJECT TO CALL 24 HOURS A DAY FOR SIX OR SEVEN DAYS PER WEEK MAY NOT BE CONSIDERED "PART-TIME" EMPLOYEES WITHIN THE PURVIEW OF SECTION 202 (B) (1) (B) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, AND, THEREFORE, EVEN THOUGH THEY DO NOT HAVE REGULARLY ESTABLISHED TOURS OF DUTY THEY ARE ENTITLED TO ACCRUE ANNUAL AND SICK LEAVE.

TO THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION, AUGUST 10, 1956:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 15, 1956, WITH ENCLOSURE, REQUESTING A DECISION ON THE PROPRIETY OF THE PRACTICE OF THE ALASKA RAILROAD IN PAYING ANNUAL AND SICK LEAVE TO ENGINEERS, FIREMEN, CONDUCTORS, AND BRAKEMEN WHO WORK UNDER ITS RULES RELATING TO "EXTRA BOARDS.'

THE ALASKA RAILROAD IS OPERATED BY A FORCE WHICH IS DIVIDED INTO TWO CATEGORIES. ONE CATEGORY CONSISTS OF REGULAR CREWS WHO ARE ASSIGNED TO SCHEDULED RUNS. THE OTHER CATEGORY CONSISTS OF ,EXTRA BOARDS" OF CREWS WHO MUST BE AVAILABLE AT ANY TIME TO OPERATE WHATEVER TRAINS ARE REQUIRED, INCLUDING EXTRA TRAINS OR REGULAR TRAINS TO WHICH NO CREWS HAVE BEEN ASSIGNED OR TO RELIEVE THE REGULAR CREWS. THE "EXTRA BOARD" EMPLOYEES ARE SUBJECT TO CALL 24 HOURS EACH DAY AND FOR EITHER SIX OR SEVEN DAYS PER WEEK. THEY CANNOT BE CALLED FOR LESS THAN ONE FULL DAY. THEIR EMPLOYMENT AND EARNINGS ARE SUBSTANTIALLY EQUIVALENT TO THAT OF THE REGULAR CREWS. IF THE "EXTRA BOARD" IS SO LARGE THAT THEIR EARNINGS MIGHT BE LESS THAN THE REASONABLE EQUIVALENT OF THAT OF THE REGULAR CREW, THE NUMBER OF EMPLOYEES ON THE BOARD IS REDUCED BY REDUCTION IN FORCE.

YOUR DOUBT IN THE MATTER ARISES BECAUSE OF SECTION 202 (B) (1) (B) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 679, 5 U.S.C. 2061 (B) (1) (B) WHICH PROVIDES THAT THE ACT SHALL NOT APPLY TO "PART-TIME OFFICERS AND EMPLOYEES * * * FOR WHOM THERE HAS NOT BEEN ESTABLISHED A REGULAR TOUR OF DUTY DURING EACH ADMINISTRATIVE WORKWEEK.'

SINCE THE "EXTRA BOARD" EMPLOYEES RENDER SUBSTANTIALLY FULL-TIME SERVICE AND ARE REQUIRED TO BE AVAILABLE FOR DUTY UNDER THE CONDITIONS HERETOFORE RELATED, THEY MAY NOT BE CONSIDERED "PART-TIME" EMPLOYEES WITHIN THE PURVIEW OF SECTION 202 (B) (1) (B). CONSEQUENTLY, EVEN THOUGH THEY MAY NOT HAVE REGULARLY ESTABLISHED TOURS OF DUTY, THEY ARE ENTITLED TO ACCRUE ANNUAL AND SICK LEAVE UNDER THE ACT. CF. 16 COMP. GEN. 648. FURTHERMORE, AS YOU SUGGEST, THE DEPARTMENT OF THE INTERIOR IS AUTHORIZED BY SECTION 30.801 OF THE ANNUAL AND SICK LEAVE REGULATIONS RELATIVE TO " UNCOMMON TOURS OF DUTY" TO SET UP SUPPLEMENTAL REGULATIONS FOR ADMINISTERING LEAVE FOR THESE EMPLOYEES.

ACCORDINGLY, WE CONCLUDE THAT THE ALASKA RAILROAD MAY PROPERLY GRANT ANNUAL AND SICK LEAVE TO ,EXTRA BOARD" TRAIN AND ENGINE EMPLOYEES.