ARTICLE

51.

Section 1 - Nurse Pay Survey

A. The Union will have a mutually agreed upon representative on each Title 38 nurse pay survey team.

B. The selection of the discretionary facilities to be surveyed will be a subject for partnership.

C In accordance with 38 USC 7451 and VA regulations, Title 38 nurse pay surveys shall be limited to the labor market area or other areas as authorized by regulations.

D. Surveys shall be done consistent with the provisions of 38 USC 7451 and VA regulations.

E. In gathering data in accordance with 38 USC 7451, and wherever feasible, survey data for Title 38 nurse pay surveys shall be collected based on on-site visits.

Section 2 - Adjustments to Pay

A. In accordance with 38 USC 7451 and VA regulations, any adjustments in Title 38 nurse pay shall be examined on an annual basis whenever adjustments are made in General Schedule pay.

B. Whenever an adjustment in Title 38 nurse pay is delayed due to administrative error, a nurse shall be retroactively compensated for any lost salary.

Section 3 - Premium Pay

A. Evening: In accordance with 38 USC 7453(b), a nurse performing service, any part of which is within the period beginning at 6 p.m. and ending at 6 a.m., shall receive additional pay for each hour of service at a rate equal to ten percent of the nurse's hourly rate of basic pay if at least four hours fall between 6 p.m. and 6 a.m. When less than four hours fall between 6 p.m. and 6 a.m., the nurse shall be paid the differential for each hour of service performed between those hours.

B. Weekend: In accordance with 38 USC 7453(c), a nurse performing service, any part of which is within the period commencing at midnight Friday and ending at midnight Sunday, shall receive additional pay for each hour of service at a rate equal to 25 percent of such nurse's hourly rate of basic pay.

C. Federal Holiday: In accordance with 38 USC 7453(d), a nurse performing service on a holiday designated by Federal statute or Executive Order shall receive for each hour of such service the nurse's hourly rate of basic pay, plus additional pay at a rate equal to such hourly rate of basic pay, for that holiday service, including overtime service. Any service required to be performed by a nurse on such a designated holiday shall be deemed to be a minimum of two (2) hours in duration.

D. Overtime: In accordance with 38 USC 7453(e)(1), a nurse performing officially ordered or approved hours in excess of 40 hours in an administrative work week, or in excess of eight (8) hours in a day, shall receive overtime pay for each hour of such additional service. The overtime rates shall be one and one-half times such nurse's hourly rate of basic pay. For further clarification, see the Article on Hours of Work (provisions on Alternative Work Schedules).

E. Compensatory Time: In accordance with 38 USC 7453 (e)(3), compensatory time off in lieu of pay for service performed under the overtime provisions of Title 38 USC shall not be permitted unless voluntarily requested in writing by the nurse in question.

F. On-Call Duty: In accordance with 38 USC 7453(h), a nurse who is officially scheduled to be on call outside such nurse's regular hours or on a holiday designated by Federal statute or Executive Order shall be paid for each hour of such on-call duty, except for such time as such nurse may be called back to work, at a rate equal to 10 percent of the hourly rate for overtime service (i.e., 15 percent of the hourly rate of basic pay).