DECISION OF THE BOARD OF DIRECTORS
I. Statement of the Case
This case concerns the negotiability of a proposal to provide premium pay for holiday work and is before the Board pursuant to §7105(a)(2)(E) of the Federal Service Labor Management Relations Statute (“FSLMRS”), 5 U.S.C. §7105(a)(2)(E), as applied by §220(c)(1) of the Congressional Accountability Act (“CAA”), 2 U.S.C. §1351(c)(1).
The petitioner Plumbers Local 5, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada (“Plumbers Local 5” or “Union”) is the certified representative of a unit of journeyman plumbers employed in the Construction Management Division of the Office of the Architect of the Capitol (“Employing Office” or “AOC”). These employees are employed on an hourly “as-needed” basis for various construction projects undertaken by the Employing Office. The parties are negotiating for an initial collective bargaining agreement that will cover terms and conditions of employment, including pay.
The Union has submitted a proposal that would require that covered employees who work on holidays, as designated by the Architect of the Capitol, be paid at one and one-half times their wage rate payable under the bargaining agreement. For those employees who work on Christmas Day and New Year’s Day, the pay would be two times their wage rate payable under the bargaining agreement. The Employing Office contends that this proposal is nonnegotiable. Contrary to the Employing Office, we conclude that the proposal is a negotiable subject over which the Employing Office is required to bargain with the Union.
II. Proposal In Dispute
“Section 2. All hours worked on holidays, as designated by the Architect of the Capitol, shall be paid at one and one-half (1½) times the employee’s wage rate otherwise payable under this Agreement.
“Section 3. All hours worked on Christmas Day and New Year’s Day shall be paid at two (2) times the employee’s wage rate otherwise payable under this Agreement.”
