Entitlement of Prevailing Rate Employees Who Negotiate Wages to Statutory Night Differentials

A ruling was requested as to whether certain ungraded employees are entitled to night differential pay provided for by 5 U.S.C. 5343. Prevailing wage rate employees who negotiate their wages as part of a collective bargaining agreement are exempted from statutory pay provisions, including night differentials. However, if they fail to extend their collective bargaining agreement, these employees can become entitled to night differentials under 5 U.S.C. 5343.