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B-178084 1 (1974-05-01)

handle is hein.gao/gaobadbzl0001 and id is 1 raw text is: o975sy 0~ ~ N I ~ I ~ FILE: ' M - M ,.-- L G - OF THE UNITED STATES DATE: MAY 1 1974 DISEST: The provisions of 5 U.S.C. 5343(f), as added by Public Law 92-392, state that shift differcutial is payable when prevailing rate employee works a majority of hours during certain hours of the day, Under that language, employee may be paid differential only when 5 or more hours of his regularly' scheduled 8-hour shift occur during the hours specified since the phrase najority of hours must be given its obvious meaning--a number of whole hours greater than one-half. In determining whether prevailing rate employee works majority of hours during periods covered by night shift differential as provided in 5 U.S.C. 5343(f) mal breaka of one hour or.less will be included. Employee's entitlement to differential and his entitlement to 7-1/2 parcent or 19 percent differential will be based on hours of his assigned shift including such breaks. The Chairman, United Statee Civil Service Commission, has requested a decision concerning the entitlement of prevailing pr e employees to night differential authorized by 5 U.S.C. 5343(f)', as enacted by Public Law 92-392, approved August 19, 1972, 86 Stat. 568. Section 5343(f) of title 5, United States Code, provides: I:(f) A prevailing rate employee is entitlcd to pay at his schedulod rate pluw a night differential-- (1) amounting to 7-1/2 percent of that scheduled rate for regularly acheduled nonovertime work a majority of the hourn of which occur between 3 p.m. and midnight; and (2) amounting to 10 percent of that scheduled rate for regularly scheduled nonovertim work a majority of the hours of vhidi occur between 11 p.m. and 8 a.m. A night differential under this subsection in part of basic pay. par PUBUISHED DECISION 'i3 Cozrp. 1c$ e,& 3 G' 7 .-~ * s B-178J4 q MATTER OF: t/ight shift differential for prevailing rate employees I FE

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