LEAVE . . . CONVERTING ANNUAL TO ADMINISTRATIVE

Department of Health and Human Services, National Institutes of Health, Bethesda, Maryland and Local 2419, American Federation of Government Employees, AFL-CIO, Case No. 00 FSIP 123, December 22, 2000 (Release No. 437).

The UNION proposed the following:

When an employee receives a traffic or parking ticket from the Agency police force, the employee has the right to defend such tickets in court. In cases where the employee prevails in his case on its merits before the court or [liaison], the Agency will convert any annual leave the employee requested to defend him/herself to administrative leave. This includes time required to report to, attend, and return from court. This provision will only apply to Agency issued traffic and parking violations.

The AGENCY asked the Panel to order the Union to withdraw its proposal because "'there is no legal basis' for converting annual leave to administrative leave..."; it "is nonnegotiable because it violates management's right to assign work..."; and it "conflicts with Comptroller General rulings...."

The PANEL ordered the parties to adopt the following modified version of the UNION's proposal:

When an employee receives a traffic or parking ticket from the Agency police force, the employee has the right to defend such tickets in court. Incases where the employee's citation is rescinded and/or the employee is completely exonerated in his/her case on the merits before the court or liaison, the Agency will convert any annual leave the employee requested to defend him/herself to administrative leave. This includes time required to report to, attend, and return from court. This provision will only apply to Agency issued traffic and parking violations.