OPINION ISSUED SEPTEMBER 25, 1986

JAMES A. COUGHLIN, JR.
(CC-85-138)
AND ALVIN E. GARDNER
(CC-85-141)
VS.
DEPARTMENT OF HIGHWAYS

Claimants appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.

PER CURIAM:
Claims CC-85-138 and CC-85-141, filed by James A. Coughlin, Jr. and
Alvin E. Gardner,
were consolidated for hearing.

Each of the claimants were employed by respondent as provisional
employees. As provisional
employees, the claimants accumulated annual leave time for each month of
employment. Their
employment was terminated in 1985. At the time of their termination,
they were informed that
they would receive no compensation for the annual leave time which they
had accrued during
their employment. Claimant Coughlin seeks $170.47, and claimant Gardner
seeks $87.67.

Claimants testified that respondent's district office staff completed
the paperwork and
calculated the amount of annual leave time for these claims. Claimant
Coughlin testified that,
during his provisional employment, he took some days off. The claimants
agreed that their
positions were classified within Civil Service. The claimants testified
that they were not furnished
copies of the Civil Service regulations by respondent during the period
of time which is in dispute.

Section 16.03 of the Civil Service Rules and Regulations provides the
following:

(d)Coverage
2. Annual leave shall be accorded provisional, intermittent, irregular
part-time and temporary
(appointed from the register) employees. Such leave must be taken prior
to the expiration of the
period of appointment, unless immediately followed by an appointment
from the register or be
forfeited.

The Civil Service Rules and Regulations clearly state the policy on the
issue of annual leave time
for provisional employees, which policy applies to the claimants herein.
For this reason, the
Court is of the opinion to, and does, disallow these claims.

Claims disallowed.

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