B-133592, DEC. 20, 1957

B-133592: Dec 20, 1957

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CALGANO: WE HAVE RECEIVED A LETTER FROM MR. EXCEPT WHERE VOTING BY ABSENTEE BALLOT IS PERMITTED. WILL BE EXCUSED FOR THAT PURPOSE WITHOUT CHARGE TO LEAVE FOR A REASONABLE TIME ON ALL ELECTION DAYS. EMPLOYEES WHO WILL BE VOTING IN JURISDICTIONS WHICH REQUIRE REGISTRATION IN PERSON WILL BE EXCUSED FOR THAT PURPOSE WITHOUT CHARGE TO LEAVE FOR A REASONABLE TIME DURING THE REGISTRATION PERIODS SPECIFIED BY THE JURISDICTION IN WHICH THEY WILL VOTE. "IN THESE CASES WHEN AN EMPLOYEE REQUESTS ADDITIONAL LEAVE FOR VOTING OR REGISTRATION WHICH WILL REQUIRE LONGER THAN ONE DAY IN ORDER TO ENABLE HIM TO GO TO HIS LEGAL RESIDENCE TO VOTE OR REGISTER. PERMISSION WILL BE GRANTED WHENEVER PRACTICABLE AND THE PERIOD OF ABSENCE IN EXCESS OF ONE DAY WILL BE CHARGED TO ANNUAL LEAVE.

B-133592, DEC. 20, 1957

TO MR. ANTHONY M. CALGANO:

WE HAVE RECEIVED A LETTER FROM MR. DAVID S. KAPLAN DATED AUGUST 12, 1957, WHICH CONCERNS THE DISAPPROVAL BY THE POST OFFICE DEPARTMENT OF YOUR REQUESTS IN THE YEARS 1954 AND 1956 TO BE EXCUSED FROM DUTIES IN THE POST OFFICE IN ORDER THAT YOU COULD VOTE.

IN LETTER TO THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES DATED JULY 24, 1948, THE ADMINISTRATIVE ASSISTANT TO THE PRESIDENT STATED THE FOLLOWING POLICY:

"INSOFAR AS MAY BE PRACTICABLE WITHOUT INTERFERING SERIOUSLY WITH PRODUCTION, EMPLOYEES WHO DESIRE TO VOTE AT COMMUNITIES WHERE THEY MAINTAIN VOTING RESIDENCE, EXCEPT WHERE VOTING BY ABSENTEE BALLOT IS PERMITTED, WILL BE EXCUSED FOR THAT PURPOSE WITHOUT CHARGE TO LEAVE FOR A REASONABLE TIME ON ALL ELECTION DAYS. FURTHER, EMPLOYEES WHO WILL BE VOTING IN JURISDICTIONS WHICH REQUIRE REGISTRATION IN PERSON WILL BE EXCUSED FOR THAT PURPOSE WITHOUT CHARGE TO LEAVE FOR A REASONABLE TIME DURING THE REGISTRATION PERIODS SPECIFIED BY THE JURISDICTION IN WHICH THEY WILL VOTE. SUCH AUTHORIZED ABSENCE SHOULD NOT EXCEED THE TIME ACTUALLY REQUIRED TO VOTE OR REGISTER, AS THE CASE MAY BE, AND IN NO EVENT SHOULD IT EXCEED ONE WORKING DAY FOR EACH ELECTION OR REGISTRATION PERIOD.

"IN THESE CASES WHEN AN EMPLOYEE REQUESTS ADDITIONAL LEAVE FOR VOTING OR REGISTRATION WHICH WILL REQUIRE LONGER THAN ONE DAY IN ORDER TO ENABLE HIM TO GO TO HIS LEGAL RESIDENCE TO VOTE OR REGISTER, PERMISSION WILL BE GRANTED WHENEVER PRACTICABLE AND THE PERIOD OF ABSENCE IN EXCESS OF ONE DAY WILL BE CHARGED TO ANNUAL LEAVE, OR, IF ANNUAL LEAVE IS EXHAUSTED, TO LEAVE WITHOUT PAY.'

THE ORDER SAYS THAT AUTHORIZED ABSENCE FOR VOTING "SHOULD NOT EXCEED THE TIME ACTUALLY REQUIRED TO VOTE.' THE POST OFFICE DEPARTMENT'S POLICY STATEMENT PERMITS EMPLOYEES TO "BE ALLOWED SUCH TIME AS IS NECESSARY TO VOTE.' WE HAVE NO INFORMATION SHOWING ADMINISTRATIVE VIOLATION OF THEIR POLICY OR THAT SUCH POLICY IS CONTRARY TO THE INTENT OF THE 1948 DIRECTIVE. ADDITIONALLY, THE EXISTENCE OF ADMINISTRATIVE AUTHORITY TO PLACE AN EMPLOYEE IN AN ANNUAL LEAVE STATUS IS WELL RECOGNIZED.

THEREFORE THE DISALLOWANCE OF YOUR CLAIM BY OUR LETTER OF JULY 1, 1957, IS SUSTAINED.