B-131195, APR. 25, 1957

B-131195: Apr 25, 1957

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YOU SAY THE SETTLEMENT IS MANIFESTLY UNFAIR. WERE SEPARATED THEREFROM JANUARY 25. IT WAS CERTIFIED THAT YOU HAD 626 HOURS CARRY-OVER JANUARY 1. YOUR LUMP-SUM PAYMENT WAS BASED ON THE ACCUMULATION OF 626 HOURS (PRESUMED TO HAVE BEEN ACCRUED UNDER THE FEDERAL LEAVE ACT OF DECEMBER 17. THAT SECTION REFERRED TO VARIOUS EARLIER STATUTES APPLICABLE TO VARIOUS AGENCIES AND THERE WAS LITTLE UNIFORMITY AMONG THEM. WE ARE NOT AWARE OF ANY SIMILAR STATUTE APPLICABLE TO POSITIONS IN THE C.A.B. YOU HAVE PRESENTED NO FACTS AND EVIDENCE TO CONTRAVENE THE CONCLUSION REACHED IN THE SETTLEMENT WHICH APPEARS CORRECT AND IS SUSTAINED. SO FAR AS OUR OFFICE IS INFORMED THE APPLICABILITY OF SECTION 5 OF THE ACT OF MARCH 14.

B-131195, APR. 25, 1957

TO MR. H. GEORGE KURTZ:

YOUR LETTER OF MARCH 7, 1957, IN EFFECT REQUESTS REVIEW OF THE SETTLEMENT OF JANUARY 8, 1954, WHICH DISALLOWED YOUR CLAIM FOR AN AMOUNT ALLEGED TO BE DUE YOU FOR 96 HOURS OF ACCUMULATED ANNUAL LEAVE NOT INCLUDED IN THE LUMP-SUM PAYMENT TO YOU UPON YOUR SEPARATION FROM THE CIVIL AERONAUTICS BOARD. YOU SAY THE SETTLEMENT IS MANIFESTLY UNFAIR.

IT APPEARS FROM THE RECORD THAT YOU ENTERED ON DUTY WITH THE C.A.B. IN ITS ALASKA OFFICE MAY 3, 1948, AND WERE SEPARATED THEREFROM JANUARY 25, 1952. ON JANUARY 1, 1951, UPON TRANSFER OF THE C.A.B. LEAVE RECORDS FROM THE CIVIL AERONAUTICS ADMINISTRATION TO THE C.A.B. IT WAS CERTIFIED THAT YOU HAD 626 HOURS CARRY-OVER JANUARY 1, 1951, THAT DURING THE 1951 LEAVE YEAR YOU EARNED 208 HOURS AND USED 56 HOURS LEAVING AN UNUSED LEAVE BALANCE AT THE END OF 1951 LEAVE YEAR OF 778 HOURS. IN VIEW OF THE LIMITATION IN THE 1936 ACT TO A MAXIMUM ACCUMULATION OF 60 DAYS OR 480 HOURS, YOUR LUMP-SUM PAYMENT WAS BASED ON THE ACCUMULATION OF 626 HOURS (PRESUMED TO HAVE BEEN ACCRUED UNDER THE FEDERAL LEAVE ACT OF DECEMBER 17, 1942, 56 STAT. 1052 PRIOR TO ITS REPEAL JULY 25, 1947). THE SETTLEMENT DISALLOWED 96 HOURS OF YOUR CLAIM WHICH YOU BASED ON SECTION 5 OF THE LEAVE ACT OF MARCH 14, 1936, 49 STAT. 1161. THAT SECTION REFERRED TO VARIOUS EARLIER STATUTES APPLICABLE TO VARIOUS AGENCIES AND THERE WAS LITTLE UNIFORMITY AMONG THEM. SEE 16 COMP. GEN. 400. WE ARE NOT AWARE OF ANY SIMILAR STATUTE APPLICABLE TO POSITIONS IN THE C.A.B. WHICH AGENCY DID NOT COME INTO EXISTENCE UNTIL 1940.

YOU HAVE PRESENTED NO FACTS AND EVIDENCE TO CONTRAVENE THE CONCLUSION REACHED IN THE SETTLEMENT WHICH APPEARS CORRECT AND IS SUSTAINED.

SO FAR AS OUR OFFICE IS INFORMED THE APPLICABILITY OF SECTION 5 OF THE ACT OF MARCH 14, 1936, HAS NOT BEEN MADE THE SUBJECT OF ANY COURT DECISION, AND AS THE LANGUAGE OF THAT SECTION IS CLEAR AND UNAMBIGUOUS IT WOULD NOT APPEAR TO JUSTIFY ANY RECOMMENDATION TO THE CONGRESS FROM OUR OFFICE FOR EQUITABLE RELIEF. WHETHER A PRIVATE RELIEF BILL MIGHT BE INTRODUCED IN THE CONGRESS IS A MATTER FOR CONSIDERATION OF YOUR REPRESENTATIVES IN THAT BODY.