B-172671: Jun 14, 1971

THE EXERCISE OF THE 5-WEEK RULE IS ADMINISTRATIVE AND ITS VALIDITY IS NOT A MATTER FOR ARBITRATION. AN ATTORNEY WHOSE PROMOTION WAS DELAYED BY REASON OF THE 5-WEEK RULE IS NOT ENTITLED TO A RETROACTIVE PROMOTION FOR IN THE ABSENCE OF ADMINISTRATIVE ERROR THE GENERAL RULE AGAINST RETROACTIVE PROMOTIONS APPLIES. 1971: REFERENCE IS MADE TO YOUR LETTER OF APRIL 20. IT IS STATED THAT THE ARBITRATOR FOU...

B-172671: Mar 8, 1977

The President, National Labor Relations Board (NLRB) Union, requested a decision on NLRB employee who claimed compensatory time for travel time necessary to interview a witness after regular duty hours. The interview could have been scheduled during regular duty hours; claim for compensatory time was denied. The employee was not entitled to overtime, although overtime depends on the necessity for...

B-172671: Mar 8, 1977

CLAIM IS DENIED SINCE INTERVIEW DID NOT CREATE SUCH IMMEDIATE NECESSITY FOR TRAVEL AS TO PRECLUDE SCHEDULING OF TRAVEL DURING REGULAR DUTY HOURS UNDER 5 U.S.C. 6101(B). 2. MARK BURSTEIN - CLAIM FOR COMPENSATORY TIME WHILE IN TRAVEL STATUS: THIS ACTION IS IN RESPONSE TO THE REQUEST FOR A DECISION FROM MR. THE FACTS IN THIS CASE ARE NOT IN DISPUTE. WHO WAS ASSIGNED TO THE MILWAUKEE. BURSTEIN'S CLAIM...

B-172671: Apr 21, 1976

NLRB FIELD EXAMINER MAY NOT BE GRANTED COMPENSATORY TIME FOR TRAVEL TIME SPENT ON NONWORKDAY IN RETURNING FROM REPRESENTATION ELECTION NOTWITHSTANDING THAT COMPENSATORY TIME WAS GRANTED FOR TRAVEL TO ELECTION. SINCE THERE WAS NO UNCONTROLLABLE EVENT NECESSITATING RETURN TRAVEL ON NONWORKDAY. 2. SEC. 6101(B)(2) (1970)) IS TO REDUCE COSTS. INDICATES THAT CONGRESS WAS ALSO CONCERNED WITH ABUSE OF EMP...

B-172671: May 11, 1972

SINCE HIS DUTIES AS AN ATTORNEY ARE PRIMARILY TO PERFORM LEGAL FUNCTIONS AND NOT TO TRANSPORT DOCUMENTS. THE FACT THAT THE TRANSPORTATION OF THE AFFIDAVIT WAS NECESSARY TO THE PERFORMANCE OF HIS DUTIES DID NOT CONVERT THE RETURN TRIP TO HOURS OF EMPLOYMENT WITHIN THE MEANING OF 5 U.S.C. 5542(B)(2)(B)(I). IF THE NECESSITY IS NOT SO IMMEDIATE AS TO PRECLUDE THE PROPER SCHEDULING OF THE TRAVEL. EVENT...

B-172671: Nov 19, 1974

NATIONAL LABOR RELATIONS BOARD (NLRB) FIELD EXAMINER WHO SCHEDULED REPRESENTATIVE ELECTION ON NONWORKDAY BECAUSE ELECTION INVOLVED TRUCKERS AWAY FROM TERMINAL DURING WEEKDAYS MAY BE COMPENSATED FOR 6 1/2 HOURS TRAVEL TIME SPENT IN TRAVELING FROM HIS DUTY STATION TO THE ELECTION SITE AND RETURN AS WEEKEND TRAVEL WAS NOT ADMINISTRATIVELY CONTROLLABLE. EVEN THOUGH NLRB REGIONAL COMMISSIONER COULD HAV...

B-172671: Apr 21, 1976

An agency requested reconsideration of the disallowance of compensatory time for time spent by an employee in return travel. The employee may not be granted compensatory time for return traveltime even though compensatory time was granted for travel to the election since there was no uncontrollable event necessitating the return travel on a nonworkday...