B-177313, NOV 8, 1972

B-177313, NOV 8, 1972

CIVILIAN EMPLOYEES - PREVAILING WAGE EMPLOYEES - HOLIDAY PAY - CALL-BACK OVERTIME DECISION ALLOWING CONTINUANCE OF PAYMENTS OF HOLIDAY PAY AS PREMIUM PAY AND PAYMENTS OF A MINIMUM AMOUNT OF CALL-BACK OVERTIME TO PREVAILING RATE EMPLOYEES AFTER THE EFFECTIVE DATE OF PUBLIC LAW 92 392. THE LEGISLATIVE HISTORY OF P.L. 92-392 INDICATES THAT THE PURPOSE OF THE STATUTE IS TO ENACT INTO LAW ESTABLISHED PRINCIPLES AND POLICIES RELATED TO BLUE COLLAR EMPLOYEES OF THE FEDERAL GOVERNMENT WHICH PREVIOUSLY WERE HANDLED ADMINISTRATIVELY. THERE IS NO INDICATION THAT THE CONGRESS INTENDED TO DIMINISH ANY BENEFIT PREVIOUSLY GRANTED ADMINISTRATIVELY.

TO MR. ROBERT E. HAMPTON:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 18, 1972, REQUESTING OUR DECISION AS TO WHETHER PREVAILING RATE EMPLOYEES MAY CONTINUE TO BE PAID HOLIDAY PAY AS PREMIUM PAY AFTER THE EFFECTIVE DATE OF PUBLIC LAW 92-392, APPROVED AUGUST 19, 1972, 86 STAT. 564. YOU ALSO REQUEST OUR DECISION AS TO WHETHER SUCH EMPLOYEES MAY CONTINUE TO BE PAID A MINIMUM AMOUNT OF CALL -BACK OVERTIME AFTER THE EFFECTIVE DATE OF PUBLIC LAW 92 392.

WITH RESPECT TO THE FIRST QUESTION YOU STATE THAT UNDER THE COORDINATED FEDERAL WAGE SYSTEM (CFWS) AS IT IS NOW ESTABLISHED A WAGE BOARD EMPLOYEE WHO PERFORMS WORK ON A HOLIDAY IS ENTITLED TO HIS RATE OF BASIC PAY PLUS PREMIUM PAY AT A RATE EQUAL TO THE RATE OF HIS BASIC PAY FOR HOLIDAY WORK WHICH IS NOT IN EXCESS OF 8 HOURS AND IS NOT OVERTIME WORK (SUBCHAPTER S8- 4D(2), FPM SUPPLEMENT 532-1). THIS PROVISION IS IN LINE WITH THE PROVISION IN 5 U.S.C. 5546(B) WHICH PROVIDES FOR PREMIUM PAY FOR WORK PERFORMED ON A HOLIDAY FOR GENERAL SCHEDULE EMPLOYEES.

WITH RESPECT TO THE SECOND QUESTION YOU STATE THAT UNDER CFWS AS IT NOW EXISTS, WHEN A PREVAILING RATE EMPLOYEE IS REQUESTED TO PERFORM IRREGULAR OR OCCASIONAL WORK ON A DAY WHEN WORK IS NOT SCHEDULED FOR HIM OR FOR WHICH HE WAS REQUIRED TO RETURN TO HIS PLACE OF EMPLOYMENT, HE IS GIVEN A MINIMUM OF 2 HOURS OF OVERTIME PAY WHETHER OR NOT WORK IS ACTUALLY PERFORMED. THIS PROVISION PARALLELS THE PREMIUM PAY PROVISION FOR GENERAL SCHEDULE EMPLOYEES IN 5 U.S.C. 5542(B)(1).

YOU STATE THAT PUBLIC LAW 92-392 HAS NO SPECIFIC PROVISIONS DEALING WITH HOLIDAY PAY OR THE PAYMENT OF A MINIMUM AMOUNT OF CALL-BACK OVERTIME. HOWEVER YOU HAVE FOUND NOTHING IN THE LEGISLATIVE HISTORY OF THAT STATUTE TO INDICATE ANY CONGRESSIONAL INTENT TO CHANGE THE CURRENT REGULATIONS REGARDING EITHER PREMIUM PAY PROVISION. YOU ALSO NOTE THAT THE LEGISLATION CONTAINS GENERAL PROVISIONS RELATING TO THE PAYMENT OF OVERTIME TO PREVAILING RATE EMPLOYEES AND PROVIDING FOR CIVIL SERVICE REGULATIONS GOVERNING SUCH PAYMENT WITHOUT MENTIONING CALL-BACK OVERTIME. BASED ON THE ABOVE IT IS YOUR VIEW THAT YOU MAY CONTINUE THE PRESENT PREMIUM PAY PROVISIONS HERE INVOLVED AND YOU ASK FOR OUR CONCURRENCE THEREIN.

THE LEGISLATIVE HISTORY INDICATES THAT THE PURPOSE OF THE STATUTE IS TO ENACT INTO LAW ESTABLISHED PRINCIPLES AND POLICIES RELATED TO BLUE COLLAR EMPLOYEES OF THE FEDERAL GOVERNMENT WHICH PREVIOUSLY WERE HANDLED ADMINISTRATIVELY. THE STATUTE ALSO PROVIDES ADDITIONAL BENEFITS SUCH AS TWO MORE RATES FOR THE EMPLOYEES INVOLVED, AND UNIFORM SHIFT DIFFERENTIALS SIMILAR TO THE ONE FOR GENERAL SCHEDULE EMPLOYEES. SEE PAGE 2, S. REPT. NO. 92-791, MAY 16, 1972; PAGE 6, H. REPT. NO. 92 339, JULY 8, 1971. STATED BY YOU, THERE IS NO INDICATION THAT THE CONGRESS INTENDED TO DIMINISH ANY BENEFIT PREVIOUSLY GRANTED ADMINISTRATIVELY.

IN VIEW OF THE ABOVE WE CONCUR WITH YOUR OPINION THAT THE TWO PREMIUM PAY PROVISIONS HERE INVOLVED MAY BE CONTINUED.