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B-191520 1 (1978-06-06)

handle is hein.gao/gaobadgcn0001 and id is 1 raw text is: I 1* MATTWER C DIGEST: I I t Haubert Civ Per TH ENU COMPTUOLLEN UENERAL O PIE UNITED TATEDS 6WAUI4INWTON. 0. C. RO5D 1402 DECISION FILE: B-191520 P: Department of the Interior -. Overtime Pay for Prevailir Rate Employees Who Negotiate Wagrs 1. Interior Department qustions whether it tay pay prevailing rate employees who negotiate their wages, overtime compensation for time worked outside the employees' rvgular ahift, even though the employees do not work more than 8 hours in a day or 40 hours in a week. Such a payment would be a form of penalty pay or a special type of aertime which is not authorized.by 5 U.S.C. 5544. Since that statute would be violated, such overtime may ,tot be paid. 2. Employee performed certain preshift and' postihift duty. Arbitrator's advisory opinion considered such duty separ'Ce periods of over- time for rounding-off purposes. Since arbitrator's opinion was primarily based on invalid contractual provisiona, arbitrator's opinion is not to be followed, and periods of overtime wort.ed in 1 workday are to be aggregated to determine total- overtime compensation payable. By a letter datel March 22, 1978, the Honorable Richard R. Hite, Deputy Assistant Secretary of the Department of the Interior, requested our decision whether the Interior Department may lawful- ly comply with an'advisory arbitrationaward dealing with the computation of overtime hours. In additioni'our decision has been requested as to the legality of two proviaions or a labor-management agreement between the Department's Bureau of Reclamation and Local 1245, International Brotherhood of Electrical Workers (IBEW), AFL-CIO. Sinc? the opinion of the arbitrator in t*&..4 matter was primarily based upon the contractual provisions in question, we will first consider the legality of those provisions. Supplemental Labor Agreement No. 2 between the agency and the IBMW provides, in pertinent part, as follows: ii Li - 1 9 DATE: neim 6, 197S I-

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