File 2: Opinion of Chairman Cabaniss
[ v57 p303 ]
Dissenting Opinion of Chairman Cabaniss:
I respectfully dissent from my colleagues as to the conclusion they reach regarding the contrary to law exception. Based upon the following, I would sustain that exception and set the aside the award.
In reaching this conclusion, I note that the regulations implementing 5 U.S.C. § 5544 do establish guidance as to how to calculate the basic rate of pay of these employees: 5 C.F.R. § 532.503(a)(1) mandates that these employees "shall be paid overtime pay in accordance with part 551 of this chapter." In that regard, 5 C.F.R. § 551.511 sets forth guidance regarding how to determine an employee's "regular rate of pay.