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B-195442 1 (1980-06-05)

handle is hein.gao/gaobadiic0001 and id is 1 raw text is: I I'(f THE COMPTROLLER GENERAL DECISION P OF THE UNITED STATES WASHINGTON. D.C. 2054B VNITC FILE: B-1954 MATTER OF: DIGEST: 42 DATE: June 5, 1980 Bureau of Re lamation - vertime and j Penalty Pay 1. Prevailing rate employees of the Western Area Power Administration, Department of Energy, have their rates of pay and working conditions determined by collective-bargaining. Their contract provisions are covered by the savings provisions in section 9(b) of Pub. L. No. 92-392, August 19, 1972, and in section 704 of Pub. L. No. 95-454, October 13, 1978, the Civil Service Reform Act of 1978. Accordingly, the employees' contract provisions which may be inconsistent with 5 U.S.C. § 5544 and our decisions thereunder, are protected by law and may be implemented. 2. Prevailing rate employees whose negotiated labor- management agreement is covered by section 9(b) of Pub. L. No. 92-392, August 19, 1972, and by section 704 of Pub. L. No. 95-454, October 13, 1978, were sent from Casper to Rawlins, Wyoming, to remove a snowdrift. Because of wind and snow they got stuck in a small town without motels, spent the night in a pickup and a diesel truck, and were required to keep the engines running for warmth, monitor fuel levels, and check to see if the road was clear. They are entitled to overtime for such activity during normal.non-work hours since it appears to be substantial, their oppor- tunity for sleep was minimal, and the activity was an integral part of their assignment. 3. Prevailing rate employees whose negotiated labor- management agreement is covered by section 9(b) of Pub. L. No. 92-392, August 19, 1972, and by section 704 of Pub. L. No. 95-454, October 13, 1978, may be paid at overtime rates for work during their normal duty hours because their agreement called for overtime when they were called to duty more than 5 hours prior to their regular duty shift and they were required to remain on duty during their regular shift. ,)L(;0?1I' r3 , 11-iA

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