About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-180010.07 1 (1980-11-07)

handle is hein.gao/gaobadirk0001 and id is 1 raw text is: 






                      o THE COMPTROLLER GENERAL
DECISION . OF THE UNITED STATES
                        WASHINGTON, D.C. 20548
                 V'~S


FILE: B-180010.07


MATTER


DIGEST:


DATE:  E      7, 1980


OF: W. L. Ablg9idinger and E. G. Walters -
    Foremen -LDouble Time for Overtime Work

 Long-standing practice of paying double
 overtime to foremen whose pay is not
 negotiated but fixed at 112.5 percent of
 negotiated journeyman base pay was dis-
 continued because 57 Comp. Gen. 259 held
 overtime limited by 5 U.S.C. 5544 to
 time and a half, notwithstanding section
 9b) of Public Law 92-392 preserving pre-
 viously negotiated benefits. Foremen
 claim restoration of double overtime
 because section 704(b) of Public Law
 95-454 overturned holding and permitted
 double overtime for nonsupervisory
 employees who negotiate wages. While
 not directly covered by sections 9(b)
 or 704(b), foremen may continue to re-
 ceive double overtime since broad pur-
 pose of these statutory provisions was
 to preserve prevailing rate practices
 existing before their enactment.


     Ms. Nedra A. Blackwell, an authorized certifying
officer with the Bureau of Reclamation, Pacific North-
west Region, Department of the Interior, has requested
a decision as to whether Mr. W. L. Ableidinger and
Mr. Eldon G. Walters, employees of the Yakima Project,
Bureau of Reclamation, may receive overtime compensa-
tion at double time rates.


                       FACTS

     Messrs. Ableidinger and Walters are hourly Fore-
men II who directly supervise power plant workers whose
hourly pay rates are determined through collective bar-
gaining under an agreement between the Department of the
Interior and the International Brotherhood of Electrical


W5372A4


/Z-

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most