10:0222(43)NG - IBEW Local 2080 and Army, Corps of Engineers, Nashville, TN -- 1982 FLRAdec NG



[ v10 p222 ]
10:0222(43)NG
The decision of the Authority follows:


 10 FLRA No. 43
 
 INTERNATIONAL BROTHERHOOD
 OF ELECTRICAL WORKERS,
 LOCAL 2080, AFL-CIO-CLC
 Union
 
 and
 
 DEPARTMENT OF THE ARMY, U.S.
 CORPS OF ENGINEERS,
 NASHVILLE, TENNESSEE
 Agency
 
                                            Case No. O-NG-391
 
                DECISION AND ORDER ON NEGOTIABILITY ISSUES
 
    THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE AUTHORITY
 PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE).  THE ISSUE PRESENTED
 IS THE NEGOTIABILITY OF THE FOLLOWING THREE UNION PROPOSALS.
 
                             UNION PROPOSAL 1
 
                                ARTICLE 5.8
 
    IN CASE OF FAILURE TO COMPLY WITH THE SCHEDULING PROVISIONS (POSTED
 PAY PERIOD SCHEDULE) OR
 
    TO PROVIDE THE REQUIRED NOTICE SET FORTH IN 5.4 AND 5.6 OF THIS
 ARTICLE, THE EMPLOYEE SHALL
 
    RECEIVE A PREMIUM PAY OF TIME PLUS ONE-HALF (1 1/2) FOR ALL HOURS
 WORKED IN CONFLICT THEREOF.
 
                             UNION PROPOSAL 2
 
                                ARTICLE 6.1
 
    OVERTIME WORK FOR WAGE BOARD EMPLOYEES SHALL BE PAID FOR AT NOT LESS
 THAN TIME AND ONE-HALF
 
    (1 1/2) OF THE EMPLOYEES' HOURLY RATE AND APPROPRIATE SHIFT
 DIFFERENTIAL, EXCEPT THAT OVERTIME
 
    ON SUNDAY AS IS HEREIN DEFINED SHALL BE AT TWO (2) TIMES THE BASE
 RATE.  FOR NON-SHIFT
 
    EMPLOYEES THE CALENDAR SUNDAY SHALL BE PAID AT 2 TIMES THE BASE RATE.
  FOR EMPLOYEES WORKING
 
    ROTATING SHIFTS, THEIR FIRST NONWORKDAY IS CONSIDERED SUNDAY.
 
                             UNION PROPOSAL 3
 
                                ARTICLE 6.6
 
    AN EMPLOYEE SHALL RECEIVE AT LEAST FOUR (4) HOURS PAY AT THE
 APPLICABLE OVERTIME RATE IF
 
    HE/SHE IS CALLED BACK TO WORK ON AN OVERTIME BASIS WITHIN HIS BASIC
 WORK WEEK, OR ON ONE OF
 
    HIS/HER SCHEDULED NON-WORK DAYS, EVEN IF HE/SHE IS NOT UTILIZED FOR
 THE FULL FOUR (4) HOURS,
 
    UNLESS HE RESIDES IN GOVERNMENT QUARTERS ON JOB SITE.  OVERTIME WORK
 CONTINUOUS WITH THE
 
    STARTING OR ENDING OF A SHIFT IS NOT COVERED BY THIS SECTION.
 
                      QUESTIONS BEFORE THE AUTHORITY
 
    THE FIRST QUESTION IS WHETHER THE PROPOSALS ARE WITHIN THE DUTY TO
 BARGAIN BY VIRTUE OF THE SAVINGS CLAUSE CONTAINED IN SECTION 9(B) OF
 P.L. 92-392, /1/ ENACTED ON AUGUST 19, 1972, WHICH WAS CONTINUED BY
 SECTION 704 OF THE CIVIL SERVICE REFORM ACT OF 1978 (CSRA).  /2/ IF NOT,
 THE FURTHER QUESTIONS ARE WHETHER UNION PROPOSALS 1 AND 2 CONCERN
 MATTERS "SPECIFICALLY PROVIDED FOR BY FEDERAL STATUTE" WHICH ARE
 EXCLUDED FROM THE DEFINITION OF "CONDITIONS OF EMPLOYMENT" BY SECTION
 7103(A)(14)(C) OF THE STATUTE;  AND WHETHER UNION PROPOSAL 3 IS
 INCONSISTENT WITH GOVERNMENT-WIDE RULES OR REGULATIONS (5 CFR
 532.503(C)(1982)).
 
                                  OPINION
 
    CONCLUSION AND ORDER:  THE SAVINGS CLAUSE CONTAINED IN SECTION 9(B)
 OF P.L. 92-392, WHICH WAS CONTINUED BY SECTION 704 OF THE CSRA, IS
 INAPPLICABLE TO THE UNION'S PROPOSALS IN THIS CASE.  FURTHERMORE, UNION
 PROPOSALS 1 AND 2 DO NOT CONCERN CONDITIONS OF EMPLOYMENT WITHIN THE
 MEANING OF THE STATUTE AND UNION PROPOSAL 3 IS INCONSISTENT WITH
 GOVERNMENT-WIDE REGULATIONS AT 5 CFR 532.503(C)(1982).  THE UNION'S
 PROPOSALS ARE, THEREFORE, NOT WITHIN THE DUTY TO BARGAIN.  ACCORDINGLY,
 PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND REGULATIONS (5
 CFR 2424.10(1982), IT IS ORDERED THAT THE UNION'S PETITION FOR REVIEW
 BE, AND IT HEREBY IS, DISMISSED.
 
    REASONS:  THE UNION CLAIMS THAT THE PARTIES NEGOTIATED WAGES AND
 OTHER TERMS AND CONDITIONS OF EMPLOYMENT SINCE THE INCEPTION OF THEIR
 BARGAINING RELATIONSHIP, AS EVIDENCED BY THE "CALLBACK" PROVISIONS OF
 ARTICLE 6.6 OF THE COLLECTIVE BARGAINING AGREEMENT.  /3/ IT THEREFORE
 CONTENDS THAT UNDER THE SAVINGS PROVISIONS OF SECTION 9(B) OF P.L.
 92-392, AND SECTION 704 OF THE CSRA, THE DUTY TO BARGAIN EXTENDS TO THE
 PROPOSALS IN DISPUTE WITHOUT REGARD TO THE COMPENSATION PROVISIONS OF
 TITLE 5, UNITED STATES CODE OR REGULATIONS ISSUED PURSUANT THERETO.  FOR
 THE FOLLOWING REASONS, THE UNION'S POSITION CANNOT BE SUSTAINED.
 
    THE LEGISLATIVE HISTORY OF SECTION 9(B) OF P.L. 92-392 AND SECTION
 704 OF THE CSRA DEMONSTRATES THAT THOSE PROVISIONS ARE APPLICABLE ONLY
 WHEN THE PARTIES NEGOTIATED WAGES AND OTHER TERMS AND CONDITIONS OF
 EMPLOYMENT PRIOR TO THE EFFECTIVE DATE OF P.L. 92-392.  H.R. REP. NO.
 339, 92D CONG., 1ST SESS. 22(1981);  REMARKS OF REPRESENTATIVE FORD, 124
 CONG.REC.  H8468-69 (DAILY ED. AUG. 11, 1978).  REFERENCE TO A
 "CALLBACK" PROVISION IN THE PARTIES' PRESENT COLLECTIVE BARGAINING
 AGREEMENT DOES NOT ESTABLISH THAT THE PARTIES HAD NEGOTIATED WAGES.
 FURTHER, THE UNION HAS NOT OFFERED, NOR DOES THE RECORD REVEAL, ANY
 OTHER SUPPORT FOR ITS ASSERTION THAT THE PARTIES NEGOTIATED OVER WAGES
 IN A MANNER WHICH WOULD RENDER SECTION 9(B) APPLICABLE.  TO THE
 CONTRARY, ARTICLE 8 OF THE PARTIES' AGREEMENT, WHICH CONCERNS UNION
 PARTICIPATION IN WAGE SURVEYS, REFLECTS AN UNDERSTANDING THAT WAGES ARE
 TO BE SET BY THE DEPARTMENT OF DEFENSE WAGE FIXING AUTHORITY.  IN THIS
 CONTEXT, THEN, THE "CALLBACK" PROVISION OF THE PARTIES' AGREEMENT, WHICH
 REFLECTS THE SUBSTANCE OF REGULATIONS NOW CONTAINED IN 5 CFR
 532.503(C)(1982), DOES NOT CONSTITUTE THE NEGOTIATION OF WAGES WITHIN
 THE MEANING OF SECTION 9(B) OF P.L. 92-392 AND SECTION 704 OF THE CSRA.
 ACCORDINGLY, THE UNION'S CONTENTION THAT THE DISPUTED PROPOSALS MUST BE
 BARGAINED UNDER THE REFERENCED PROVISIONS OF LAW CANNOT BE SUSTAINED.
 
    THE NEXT QUESTION PRESENTED IS WHETHER PROPOSALS 1 AND 2 CONCERN
 MATTERS SPECIFICALLY PROVIDED FOR BY FEDERAL STATUTE AND, THEREFORE, ARE
 EXCLUDED FROM THE DEFINITION OF "CONDITIONS OF EMPLOYMENT" BY SECTION
 7103(A)(14)(C) OF THE STATUTE.  /4/ BOTH PROPOSALS CONCERN RATES OF
 PREMIUM PAY TO BE PAID UNDER CERTAIN CONDITIONS.  HOWEVER, THE
 CONDITIONS UNDER WHICH PREMIUM PAY MAY BE PAID FOR PREVAILING RATE
 EMPLOYEES IS SPECIFICALLY PROVIDED FOR BY FEDERAL STATUTE, 5 U.S.C.
 5544.  /5/
 
    ACCORDINGLY, PROPOSALS 1 AND 2 ARE EXPRESSLY EXCLUDED BY SECTION
 7103(A)(14)(C) FROM THE DEFINITION OF "CONDITIONS OF EMPLOYMENT" AND,
 THEREFORE, ARE NOT WITHIN THE DUTY TO BARGAIN.  AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO, COUNCIL OF FEDERAL GRAIN INSPECTION
 LOCALS AND UNITED STATES DEPARTMENT OF AGRICULTURE, FEDERAL GRAIN
 INSPECTION SERVICE, WASHINGTON, D.C., 3 FLRA 529(1980), ENFORCED SUB
 NOM. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, COUNCIL OF
 FEDERAL GRAIN INSPECTION LOCALS V. FEDERAL LABOR RELATIONS AUTHORITY,
 653 F.2D 669 (D.C. CIR. 1981).
 
    THE FINAL QUESTION PRESENTED IS WHETHER PROPOSAL 3 IS INCONSISTENT
 WITH THE PROVISIONS OF 5 CFR 532.503(C)(1982) GOVERNING CALLBACK
 OVERTIME FOR THE WAGE GRADE EMPLOYEES COVERED UNDER THE INSTANT
 PROPOSAL.  /6/ THAT PROVISION STATES THAT IN CERTAIN CIRCUMSTANCES,
 CALLBACK OVERTIME WORK PERFORMED BY AN EMPLOYEE SHALL BE CONSIDERED TO
 BE AT LEAST TWO HOURS IN DURATION FOR THE PURPOSE OF OVERTIME PAY,
 REGARDLESS OF WHETHER THE EMPLOYEE PERFORMS WORK FOR THOSE TWO HOURS.
 THIS PROVISION PARALLELS THE STATUTORY PROVISION OF 5 U.S.C. 5542(B)(1)
 /7/ WHICH AUTHORIZES CALLBACK OVERTIME PAY FOR GENERAL SCHEDULE
 EMPLOYEES.  ABSENT THAT AUTHORITY, WHICH CREATES AN EXCEPTION TO THE
 GENERAL RULE THAT OVERTIME PAYMENTS CAN BE MADE ONLY FOR THE ACTUAL TIME
 DUTY IS PERFORMED, A TWO HOUR MINIMUM PAYMENT FOR CALLBACK OVERTIME
 COULD NOT BE MADE.  /8/ THUS, THE PROVISIONS OF 5 U.S.C. 5542(B)(1) AND
 5 CFR 532.503(C) SET THE MAXIMUM TIME OF TWO HOURS THAT A GENERAL
 SCHEDULE OR WAGE GRADE EMPLOYEE MAY BE PAID CALLBACK OVERTIME IN THE
 ABSENCE OF THE PERFORMANCE OF WORK.  /9/ SINCE PROPOSAL 3 WOULD
 ESTABLISH 4 HOURS AS THE MINIMUM AMOUNT OF CALLBACK OVERTIME, THE
 PROPOSAL IS CLEARLY INCONSISTENT WITH 5 CFR 532.503(C).
 
    HAVING DETERMINED THAT PROPOSAL 3 IS INCONSISTENT WITH 5 CFR
 532.503(C), THE QUESTION THEN BECOMES WHETHER THAT PROVISION IS A
 GOVERNMENT-WIDE RULE OR REGULATION WITHIN THE MEANING OF SECTION 7117(A)
 OF THE STATUTE.  THE PROVISION AT ISSUE HEREIN IS CODIFIED AT TITLE 5 OF
 THE CODE OF FEDERAL REGULATIONS BY THE OFFICE OF PERSONNEL MANAGEMENT
 (OPM).  BY ITS TERMS, THE REGULATION APPLIES TO PREVAILING RATE
 EMPLOYEES AND AGENCIES COVERED BY SECTION 5342 OF TITLE 5, U.S. CODE,
 /10/ AND PROVIDES COMMON POLICIES, SYSTEMS, AND PRACTICES FOR UNIFORM
 APPLICATION BY ALL AGENCIES SUBJECT TO THAT STATUTE IN FIXING PAY FOR
 PREVAILING RATE EMPLOYEES IN MOST SEGMENTS OF THE EXECUTIVE BRANCH OF
 THE FEDERAL GOVERNMENT.  /11/
 
    THEREFORE, 5 CFR 532.503(C) IS A GOVERNMENT-WIDE RULE OR REGULATION
 WITHIN THE MEANING OF SECTION 7117(A)(1) OF THE STATUTE.  NATIONAL
 TREASURY EMPLOYEES UNION, CHAPTER 6 AND INTERNAL REVENUE SERVICE, NEW
 ORLEANS DISTRICT, 3 FLRA 748, 754(1980).  SINCE, AS PREVIOUSLY
 DETERMINED, PROPOSAL 3 IS INCONSISTENT WITH THAT REGULATION, PROPOSAL 3
 IS, FOR THAT REASON, OUTSIDE THE DUTY TO BARGAIN.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ SECTION 9(B) OF P.L. 92-392 PROVIDES:
 
    SEC. 9.
 
   .          .          .          .
 
 
    (B) THE AMENDMENTS MADE BY THIS ACT SHALL NOT BE CONSTRUED TO--
 
    (1) ABROGATE, MODIFY, OR OTHERWISE AFFECT IN ANY WAY THE PROVISIONS
 OF ANY CONTRACT IN
 
    EFFECT ON THE DATE OF ENACTMENT OF THIS ACT PERTAINING TO THE WAGES,
 THE TERMS AND CONDITIONS
 
    OF EMPLOYMENT, AND OTHER EMPLOYMENT BENEFITS, OR ANY OF THE FOREGOING
 MATTERS, FOR GOVERNMENT
 
    PREVAILING RATE EMPLOYEES AND RESULTING FROM NEGOTIATIONS BETWEEN
 GOVERNMENT AGENCIES AND
 
    ORGANIZATIONS OF GOVERNMENT EMPLOYEES;
 
    (2) NULLIFY, CURTAIL, OR OTHERWISE IMPAIR IN ANY WAY THE RIGHT OF ANY
 PARTY TO SUCH
 
    CONTRACT TO ENTER INTO NEGOTIATIONS AFTER THE DATE OF ENACTMENT OF
 THIS ACT FOR THE RENEWAL,
 
    EXTENSION, MODIFICATION, OR IMPROVEMENT OF THE PROVISIONS OF SUCH
 CONTRACT OR FOR THE
 
    REPLACEMENT OF SUCH CONTRACT WITH A NEW CONTRACT;  OR
 
    (3) NULLIFY, CHANGE, OR OTHERWISE AFFECT IN ANY WAY AFTER SUCH DATE
 OF ENACTMENT ANY
 
    AGREEMENT, ARRANGEMENT, OR UNDERSTANDING IN EFFECT ON SUCH DATE WITH
 RESPECT TO THE VARIOUS
 
    ITEMS OF SUBJECT MATTER OF THE NEGOTIATIONS ON WHICH ANY SUCH
 CONTRACT IN EFFECT ON SUCH DATE
 
    IS BASED OR PREVENT THE INCLUSION OF SUCH ITEMS OF SUBJECT MATTER IN
 CONNECTION WITH THE
 
    RENEGOTIATION OF ANY SUCH CONTRACT, OR THE REPLACEMENT OF SUCH
 CONTRACT WITH A NEW CONTRACT,
 
    AFTER SUCH DATE.
 
    /2/ SECTION 704 OF THE CSRA PROVIDES:
 
    SEC. 704.  (A) THOSE TERMS AND CONDITIONS OF EMPLOYMENT AND OTHER
 EMPLOYMENT BENEFITS WITH
 
    RESPECT TO GOVERNMENT PREVAILING RATE EMPLOYEES TO WHOM SECTION 9(B)
 OF PUBLIC LAW 92-392
 
    APPLIES WHICH WERE THE SUBJECT OF NEGOTIATION IN ACCORDANCE WITH
 PREVAILING RATES AND
 
    PRACTICES PRIOR TO AUGUST 19, 1972, SHALL BE NEGOTIATED ON AND AFTER
 THE DATE OF THE ENACTMENT
 
    OF THIS ACT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 9(B) OF
 PUBLIC LAW 92-392 WITHOUT
 
    REGARD TO ANY PROVISIONS OF CHAPTER 71 OF TITLE 5, UNITED STATES CODE
 (AS AMENDED BY THIS
 
    TITLE), TO THE EXTENT THAT ANY SUCH PROVISION IS INCONSISTENT WITH
 THIS PARAGRAPH.
 
    (B) THE PAY AND PAY PRACTICES RELATING TO EMPLOYEES REFERRED TO IN
 PARAGRAPH (1) OF THIS
 
    SUBSECTION SHALL BE NEGOTIATED IN ACCORDANCE WITH PREVAILING RATES
 AND PAY PRACTICES WITHOUT
 
    REGARD TO ANY PROVISION OF--
 
    (A) CHAPTER 71 OF TITLE 5, UNITED STATES CODE (AS AMENDED BY THIS
 TITLE), TO THE EXTENT
 
    THAT ANY SUCH PROVISION IS INCONSISTENT WITH THIS PARAGRAPH;
 
    (B) SUBCHAPTER IV OF CHAPTER 53 AND SUBCHAPTER V OF CHAPTER 55 OF
 TITLE 5, UNITED STATES
 
    CODE;  OR
 
    (C) ANY RULE, REGULATION, DECISION, OR ORDER RELATING TO RATES OF PAY
 OR PAY PRACTICES
 
    UNDER SUBCHAPTER IV OF CHAPTER 53 OR SUBCHAPTER V OF CHAPTER 55 OF
 TITLE 5, UNITED STATES
 
    CODE.
 
    /3/ ARTICLE 6.6
 
    AN EMPLOYEE SHALL RECEIVE AT LEAST TWO (2) HOURS PAY AT THE
 APPLICABLE OVERTIME RATE IF HE
 
    IS CALLED BACK TO WORK ON AN OVERTIME BASIS WITHIN HIS BASIC WORK
 WEEK, OR ON ONE OF HIS
 
    SCHEDULED NON-WORKDAYS, EVEN IF HE IS NOT UTILIZED FOR THE FULL TWO
 (2) HOURS, UNLESS HE
 
    RESIDES IN GOVERNMENT QUARTERS ON SITE.  OVERTIME WORK CONTINUOUS
 WITH THE STARTING OR ENDING
 
    OF A SHIFT IS NOT COVERED BY THIS SECTION.
 
    /4/ SECTION 7103(A)(14)(C) PROVIDES AS FOLLOWS:
 
    SEC. 7103.  DEFINITIONS;  APPLICATION
 
    (A) FOR THE PURPOSE OF THIS CHAPTER--
 
   .          .          .          .
 
 
    (14) "CONDITIONS OF EMPLOYMENT" MEANS PERSONNEL POLICIES, PRACTICES,
 AND MATTERS, WHETHER
 
    ESTABLISHED BY RULE, REGULATION, OR OTHERWISE, AFFECTING WORKING
 CONDITIONS, EXCEPT THAT SUCH
 
    TERM DOES NOT INCLUDE POLICIES, PRACTICES, AND MATTERS--
 
   .          .          .          .
 
 
    (C) TO THE EXTENT SUCH MATTERS ARE SPECIFICALLY PROVIDED FOR BY
 FEDERAL STATUTE(.)
 
    /5/ 5 U.S.C. 5544 PROVIDES, IN PERTINENT PART:
 
    SEC. 5544.  WAGE-BOARD OVERTIME AND SUNDAY RATES;  COMPUTATION
 
    (A) AN EMPLOYEE WHOSE PAY IS FIXED AND ADJUSTED FROM TIME TO TIME IN
 ACCORDANCE WITH
 
    PREVAILING RATES UNDER SECTION 5343 OR 5349 OF THIS TITLE, OR BY A
 WAGE BOARD OR SIMILAR
 
    ADMINISTRATIVE AUTHORITY SERVING THE SAME PURPOSE, IS ENTITLED TO
 OVERTIME PAY FOR OVERTIME
 
    WORK IN EXCESS OF 8 HOURS A DAY OR 40 HOURS A WEEK.  HOWEVER, AN
 EMPLOYEE SUBJECT TO THIS
 
    SUBSECTION WHO REGULARLY IS REQUIRED TO REMAIN AT OR WITHIN THE
 CONFINES OF HIS POST OF DUTY
 
    IN EXCESS OF 8 HOURS A DAY IN A STANDBY OR ON-CALL STATUS IS ENTITLED
 TO OVERTIME PAY ONLY FOR
 
    HOURS OF DUTY, EXCLUSIVE OF EATING AND SLEEPING TIME, IN EXCESS OF 40
 A WEEK.  THE OVERTIME
 
    HOURLY RATE OF PAY IS COMPUTED AS FOLLOWS:
 
    (1) IF THE BASIC RATE OF PAY OF THE EMPLOYEE IS FIXED ON A BASIS
 OTHER THAN AN ANNUAL OR
 
    MONTHLY BASIS, MULTIPLY THE BASIC HOURLY RATE OF PAY BY NOT LESS THAN
 ONE AND ONE-HALF.
 
    (2) IF THE BASIC RATE OF PAY OF THE EMPLOYEE IS FIXED ON AN ANNUAL
 BASIS, DIVIDE THE BASIC
 
    ANNUAL RATE OF PAY BY 2,080, AND MULTIPLY THE QUOTIENT BY ONE AND
 ONE-HALF.
 
    (3) IF THE BASIC RATE OF PAY OF THE EMPLOYEE IS FIXED ON A MONTHLY
 BASIS, MULTIPLY THE
 
    BASIC MONTHLY RATE OF PAY BY 12 TO DERIVE A BASIC ANNUAL RATE OF PAY,
 DIVIDE THE BASIC ANNUAL
 
    RATE OF PAY BY 2,080, AND MULTIPLY THE QUOTIENT BY ONE AND ONE-HALF.
 
    AN EMPLOYEE SUBJECT TO THIS SUBSECTION WHOSE REGULAR WORK SCHEDULE
 INCLUDES AN 8-HOUR
 
    PERIOD OF SERVICE A PART OF WHICH IS ON SUNDAY IS ENTITLED TO
 ADDITIONAL PAY AT THE RATE OF 25
 
    PERCENT OF HIS HOURLY RATE OF BASIC PAY FOR EACH HOUR OF WORK
 PERFORMED DURING THAT 8-HOUR
 
    PERIOD OF SERVICE . . . .
 
    /6/ 5 CFR 532.503(C) PROVIDES:
 
    SEC. 532.503 OVERTIME PAY.
 
   .          .          .          .
 
 
    (C) CALLBACK OVERTIME WORK.  IRREGULAR O