LEAVE
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 Incases where the employee's citation is rescinded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.
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