Page:United States Statutes at Large Volume 86.djvu/610

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[86 STAT. 568]
PUBLIC LAW 92-000—MMMM. DD, 1972
[86 STAT. 568]

568

step increases.

Automatic advancement.

Benefits, preservation.

Shift differentials.

PUBLIC LAW 92-392-AUG. 19, 1972

[86 STAT.

made. The determination shall be in writing and shall take into consideration all relevant evidence, including evidence subniitted byemployee organizations recognized as representative of prevailing rate employees in that area. "(2) When a lead agency determines that there is a number of comparable positions in private industry insufficient to establish the wage schedules and rates, such agency shall establish those schedules and rates on the basis of— " (A) local private industry rates; and " (B) rates paid for comparable positions in private industry in the nearest wage area that such agency determines is most similar in the nature of its population, employment, manpower, and industry to the local wage area for which the wage survey is being made. "(e)(1) Each grade of a regular wage schedule for nonsupervisor prevailing rate employees shall have 5 steps with— " (A) the first step at 96 percent of the prevailing rate; " (B) the second step at 100 percent of the prevailing rate; " (C) the third step at 104 percent of the prevailing rate; " (D) the fourth step at 108 percent of the prevailing rate; and " (E) the fifth step at 112 percent of the prevailing rate. "(2) A prevailing rate employee under a regular wage schedule who has a work performance rating of satisfactory or better, as determined by the head of the agency, shall advance automatically to the next higher step within the grade at the beginning of the first applicable pay period following his completion of— " (A) 26 calendar weeks of service in step 1; " (B) 78 calendar weeks of service in step 2; and " (C) 104 calendar weeks of service in each of steps 3 and 4. "(3) Under regulations prescribed by the Civil Service Commission, the benefits of successive step increases shall be preserved for prevailing rate employees under a regular wage schedule whose continuous service is interrupted in the public interest by service with the armed forces or by service in essential non-Government civilian employment during a period of war or national emergency. " C4) Supervisory wage schedules and special wage schedules authorized under subsection (c)(3) of this section may have single or multiple rates or steps according to prevailing practices in the industry on which the schedule is based. " (f) A prevailing rate employee is entitled to pay at his scheduled rate plus a night differential— " (1) amounting to 7i/^ percent of that scheduled rate for regularly scheduled nonovertime work a majority of the hours of which occur between 3 p.m. and midnight; and "(2) amounting to 10 percent of that scheduled rate for regularly scheduled nonovertime work a majority of the hours of which occur between 11 p.m. and 8 a.m. A night differential under this subsection is a part of basic pay. "§ 5344. Effective date of wage increase; retroactive pay " (a) Each increase in rates of basic pay granted, pursuant to a wage survey, to prevailing rate employees is effex?tive not later than the first day of the first pay period which begins on or after the 45th day.