Office of the General Counsel

70014720
Date: [xxx]

Dear Mr. [xxx]:

This replies to your March 26, 1997 letter requesting reconsideration of our March 4, 1997 settlement denying your claim for holiday and Sunday premium pay for days on which you were on military leave. In your reply, you noted that you are subject to a collective bargaining agreement requiring you to work overtime on Sundays when you are unable to find a replacement to cover your assigned shift. This information was not included in your original claim. Had we known this at the time we considered your initial letter, we would have dismissed your claim because we may not settle claims that are subject to a negotiated grievance procedure. However, the following information is provided for your assistance.

The dispositive issue in your claim is whether your were regularly scheduled to work on the Sunday and holiday that fell during your military leave. We would not answer such a question without a formal administrative report from the agency. However, I am enclosing three decisions that explain what it means for work to be "regularly scheduled". If you believe these decisions are applicable to your circumstances, you should submit them to your agency with your claim for premium pay. If the agency denies your claim, you must use the grievance procedures in the collective bargaining agreement.

Accordingly, we may not take any further action on your claim.

Very truly yours,

Paul Britner

Senior Attorney

Enclosures