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B-184858 1 (1976-08-19)

handle is hein.gao/gaobadcfh0001 and id is 1 raw text is: OECISION I ER / ~ ~THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0.C. 20546 IITL9 FILE: B-184858 MATTER DIGEST: DATE: AUG 19 1976 OF: il, Chemical and Atomic Workers International Union - Entitlement of Prevailing Rate Employees Who Negotiate Wages to Statutory Night Differentials Prevailing rate employees who negotiate their wages as part of their collective-bargaining agreement are exempted by section 0(b) of Pub. L. 92-392 (5 U. S. C. § 5343 note) from the statutory pay provisions in- cluding night differentials of the amended prevailing rate statute. (5 U. S. C., § 5341 et seq.) Thus, so long as they negotiate their wages they are not en- titled to the statutory pay provisions of 5 U. S. C. $ 5341 et S. however they can become entitled to the provisions of the law by failing to extend their collective-bargaining agreement. This action involves a request from the Oil, Chemical and Atomic Workers International Union (OCAW '1U), hereinafter referred to as the union, for a ruling by this Cffice as to whether certain ungraded employees of the Hclium Activity ((perations) Bureau of 1Irines, D. partment of the Interior, hereinafter referred to as the agency, are entitled to night-shift differential pay pro- vided by 5 U. S. C. S 5343(0). The union is the exclusive collective- bargaining representative of the employees involved. These prevailing rate employees are somewhat unique, inasmuch as they have, through their union, negotiated their wages as a part of their collective-bargaining agreement since 1952. The current wage agreement is comprehensive in scope and provides for base pay and for overtime and holiday rates of pay. In addition the current agreement provides for a shift differential of 20 cents additional pay per hour during the 4 p. m. -to-midnight shift and 40 cents additional pay per hour during the midnight-to- 8 a.m. shift. On August 19, 1972, Pub. L. 92-392 (86 Stat. 564) was enacted into law and codified as subchapter IV of title 5, United States Code. It amended the then existing prevailing wage law by a statutory scheme for the prevailing wage rate system which prior to that time had been largely governed by administrative regulations. Shift differentials were provided in 5 U. S. C. S 5343(f) as follows: () q S_ 354 / e?'z- -i CY

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