**BONNEVILLE POWER ADMINISTRATION**

**HUMAN RESOURCES**

**Portland, Oregon**

**PERSONNEL LETTER NO. 550-2 DATE:** January 13, 1999

**SUBJECT**

On-Call Work Assignments and Scheduling for Annual Employees Under Title
5 of the United States Code and Code of Federal Regulations

**I. PURPOSE**

To establish the Bonneville Power Administration's (BPA's) policy and
procedures on

non-paid, "On-Call" work assignments for annual employees and to
distinguish these work assignments from paid, "standby duty" work
assignments. The procedures in Section VIII for documenting work units
authorized to place employees on-call are in effect on the date of this
Personnel Letter, and also apply to existing situations in which
employees are already working in an on-call status. All prospective and
existing situations must be documented.

**II. EXCLUSIONS**

The provisions of this Letter do not apply to the following:

A. Personnel in recognized bargaining units who negotiate their wage
rates with BPA under the provisions of 16 U.S.C. 832, Bonneville Project
Act of 1937 (as amended).

B. Positions of experts and consultants, and positions above the GS-15
grade level, including positions in the Senior Executive Service (SES).

**III. REFERENCES**

• 5 U.S.C., Chapter 55, Subchapter V, Premium Pay

• 5 U.S.C., Chapter 61, Hours of Work

##  • 29 U.S.C., 201, Fair Labor Standards Act

• 5 CFR, Part 550, Subpart A, Premium Pay

##  • 5 CFR, Part 551, Pay Administration Under the Fair Labor Standards Act

• 5 CFR, Part 610, Hours of Duty

• Personnel Letter 550-1, Overtime**,** Compensatory Time, and Premium
Pay for Annual

Employees Under Title 5

• Personnel Letter 551-1, Fair Labor Standards Act (FLSA)

• Personnel Letter 610-5, Hours of Duty

**IV. DEFINITIONS**

A.  [Administrative Workweek]{.underline}: The 7 consecutive calendar
    days, Sunday through Saturday, which have been established for BPA
    employees. (See Personnel Letter 610-5, Hours of Duty, for authority
    to make exceptions.) The administrative workweek establishes the
    parameters for overtime and other premium pay entitlements.

B.  [Basic Workweek]{.underline}: The regularly scheduled 40-hour
    workweek for full-time employees (or the regularly scheduled 80-hour
    biweekly work schedule for full-time employees on a compressed work
    schedule). For part-time employees, the basic workweek is the hours
    specified on their current SF 50. The basic workweek establishes the
    daily and weekly tour-of-duty (these work hours may include
    regularly scheduled overtime) for each employee (see Personnel
    Letter 610-5 for additional information).

C.  [Beeper/Pager:]{.underline} An electronic device that beeps to make
    contact with the person carrying it when it receives a special radio
    signal.

D.  [Cell Phone]{.underline}: A device that can be used for off-site
    problem solving.

E.  [Fit-for-Duty Status]{.underline}: An employee's responsibility for
    avoiding activities under the employee's control that would render
    the employee physically incapable of performing his/her duties.

F.  [On-Call Work Assignment]{.underline}: When the nature of operation
    of an organizational unit to which an employee is assigned is such
    that it may become necessary at any time to call the employee back
    to work because of emergencies or administrative requirements that
    may occur outside the employee's normal workday or workweek,
    supervisors may designate employees to be available for such a call
    during their off-duty time. When an employee is placed on such an
    on-call work assignment they must:

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1.  Be provided a beeper/pager or other electronic device through which
    they will be contacted if business needs so require;

2.  Remain, geographically, within the designated reception range of
    such device; and

3.  Upon being contacted, be in a fit-for-duty status and be capable of
    reporting to a BPA designated post of duty within a reasonable
    period of time.

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G.  [Reasonable Period of Time]{.underline}: A period of time
    established by an organizational unit supervisor by which an
    employee must report to a designated BPA post of duty after
    receiving and acknowledging a call to return to work.

H.  [Regularly Scheduled Administrative Workweek]{.underline}: For
    [full-time employees]{.underline}, the period within an
    administrative workweek when they are regularly required to be on
    duty (normally Monday through Friday, but it can be any 5 or 6
    consecutive days of the administrative workweek, and may include
    regularly scheduled overtime). For part-time employees, it is
    defined as the days and hours within an administrative workweek when
    the employees are regularly scheduled to work.

I.  [Standby Duty]{.underline}: Those work situations where employees
    are required to remain at their posts of duty (including those rare
    instances where an employee's home has been designated as their post
    of duty) with their time and activities completely under the control
    of the employing agency.

J.  [Tour-of-Duty]{.underline}: The hours of a day (a daily
    tour-of-duty) and the days of an administrative workweek (weekly
    tour-of-duty) that constitutes an employee's regularly scheduled
    administrative workweek.

K.  [Workday]{.underline}: Daily tour-of-duty, whether it falls entirely
    within the same calendar day or not.

# SPECIAL NOTE ON PAID COMPENSATION

A.  The designation of employees to be available for on-call work
    assignments outside their normal workday or workweek, cannot, in
    itself, serve as a basis for compensation. Similarly, equipping an
    on-call employee with an electronic device and requiring that they
    remain within receiving range of that device does not constitute a
    basis for compensation (Comptroller General, B-173783.116, April 1,
    1975). Only in those cases where the employees are on standby duty
    can additional compensation be paid.

B.  However, employees on an on-call work assignment who are actually
    called back to duty or who perform duty over the telephone when they
    receive a call (i.e., correct a problem by either giving telephonic
    advice or by using remote computer equipment) are entitled to
    receive compensation. If the compensable time meets the definition
    of overtime, the amount of overtime pay, under Federal pay law and
    regulation, depends on when the work is performed, where and by what
    means the work is performed, and how long the employee actually
    works. The chart below specifies the nature and amount of
    compensable overtime.

  ----------------------- ----------------------- -----------------------
  **LOCATION WHERE WORK   **TIME WHEN WORK IS     
  IS PERFORMED:**         PERFORMED:**            

                          ***On The Employee's    ***On the Employee's
                          Regular Workday After   Regularly Scheduled Day
                          They Have Left Their    Off***
                          BPA Post of Duty***     

  Work performed by       The employee is paid    The employee is paid a
  telephone               for actual time worked, minimum of two hours
                          in 15-minute increments overtime compensation

  At a BPA Post of Duty,  The employee is paid a  The employee is paid a
  After Returning to Work minimum of two hours    minimum of two hours
  From Call-Back          overtime compensation   overtime compensation
  ----------------------- ----------------------- -----------------------

> These pay rules are mandatory. If there should be any question
> regarding their application, employees and/or managers/supervisors
> should consult with appropriate Personnel Services staff.
>
> C. The earning of overtime versus compensatory time off for
> compensable time is governed by applicable regulations and collective
> bargaining agreements.

VI\. TELEPHONE EXPENSES

Employees who are in an on-call status and incur long distance telephone
expenses in response to being contacted are not required to absorb such
expenses. Instead, BPA will either reimburse such expenses or provide
such employees with government calling cards.

**VII. RESPONSIBILITIES AND AUTHORITIES**

> A. [Senior Vice Presidents]{.underline}**:**

1.  Approve the designation of organizational units where employees may
    be required to be placed in on-call work assignments.

2.  Notifies the Manager, Personnel Services, of such approved
    designations.

###### B. Vice Presidents and Other Tier II Managers: {#b.-vice-presidents-and-other-tier-ii-managers .unnumbered}

1.  Review and concur in all requests for designation of organizational
    units where on-call work assignments may be required. Forward such
    requests to the Senior Vice President for approval.

2.  Annually review the appropriateness of organizational units
    designated to require on-call work assignments.

3.  As necessary, terminate the on-call work assignment designation of
    organizational units and reports such termination to the Senior Vice
    President and the Manager, Personnel Services.

> [C. Managers and Supervisors]{.underline}:

1.  Prepare justifications for designating organizational units where
    on-call work assignments may be required.

2.  Annually re-certify the need for on-call work asssignment
    organizational unit designations to the appropriate Vice President
    or other Tier II manager.

3.  Ensure that employees in on-call work assignments are assigned the
    appropriate beeper/pager or other electronic equipment, are trained
    in its use, and are scheduled for on-call assignments in accordance
    with the provisions of this Personnel Letter and any other
    established procedures/requirements.

4.  Maintain and post an accurate list of employees subject to being
    on-call, as defined in this Personnel Letter.

5.  Ensure that on-call work is rotated so that each covered employee
    serves approximately an equal period of time on-call as each other
    covered employee.

> [D. Employees Scheduled for On-Call Work Assignments]{.underline}:

1.  Adhere to On-Call duty scheduling requirements noted in paragraph
    IV.F.

2.  In the event of emergency unavailability, arrange back-up coverage
    (e.g., with co-workers through swapping, etc.) and make every
    reasonable attempt to consult with and notify the immediate manager
    of these arrangements.

> E. [Manager, Human Resources, Diversity, and EEO
> Services]{.underline}:

1.  Establishes and revises BPA policy in this program area.

####### F. [Manager, Personnel Services]{.underline}:

1.  Through the Personnel Services staff, provides advice and assistance
    to managers on the appropriate use of this authority, and on the
    preparation of authorization request packages.

2.  Maintains records of requests for on-call organizational unit
    designations sufficient to allow full reconstruction of the action
    as necessary

# VIII. PREPARATION OF A REQUEST FOR DESIGNATION OF AN ORGANIZATIONAL UNIT WHERE ON-CALL WORK ASSIGNMENTS MAY BE REQUIRED

Requests to allow a BPA organizational unit to designate on-call work
assignments for its employees must contain the following information.
Attachment A is a sample request.

A.  [Necessity for Requiring On-Call Assignments]{.underline}: Each
    request must contain a narrative explanation specifying what mission
    critical work requires the possibility of unanticipated or emergency
    call-backs of employees from off duty status. Such narratives must,
    as a minimum, explain what detrimental mission impact would result
    from not being able to exercise call-back authority.

B.  [Minimum Knowledge/Skill Requirement for Employees Being Placed in
    On-Call Work Assignments]{.underline}: Within the context of the
    work performed in the organizational unit, what knowledges and
    skills will be possessed by employees who will be placed in on-call
    work assignments. Sufficient information must be present to
    establish that employees in on-call status will be able to perform
    the mission critical work discussed in the previous paragraph.

C.  [Geographic Restrictions and Response Time
    Requirements**:**]{.underline} Each request must specify what
    geographic restrictions are to be placed on employees in an on-call
    work assignment during their off duty hours. The request must
    specify the geographic range restriction imposed by the assigned
    beeper/pager, and any that have been imposed by the reasonable
    reporting period for response to call-back established for the
    organizational unit's employees. Subject to the reasonable
    operational needs of BPA, the established period of time must take
    into account the welfare of the employee.

D.  [On-Call Scheduling]{.underline}: Each request must specify how
    on-call work assignments are going to be scheduled. The request must
    include information on each of the following items.

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1.  Whether the schedule will be permanent or temporary (expected
    duration if temporary). If the schedule is periodic, the expected
    dates, if known.

2.  The length of time such schedules are established in advance.
    (**SPECIAL NOTE**: The minimum BPA notice period for advanced,
    ongoing on-call scheduling is ninety \[90\] days. If a unit
    specifies advanced scheduling of less than ninety \[90\] days, the
    on-call approval request must justify this shorter notice period and
    BPA must meet any obligation to consult with affected bargaining
    units.)

3.  How short-term changes to schedules will be accommodated (**SPECIAL
    NOTE**: The minimum BPA notice period to impacted employees for
    making short-term, ongoing on-call schedule changes \[e.g., because
    of illness, unplanned leave, turnover, etc.\] is fourteen (14)
    calendar days, except:

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a.  When two qualified employees voluntarily trade on-call periods with
    the concurrence of the manager or supervisor.

b.  When an employee is incapacitated by illness or injury, or is
    hospitalized, and another employee must be placed on-call.

c.  For other emergencies authorized by the manager or supervisor, thus
    requiring that another employee be placed on-call by the
    manager/supervisor.

> Except for the three exceptions specified above, if a more abbreviated
> notice period for making short-term schedule changes is proposed, it
> will require justification, management authorization, and, if
> appropriate, notification to any impacted bargaining unit prior to its
> establishment.

4.  How work schedules will be rotated among employees.

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E.  [Changes After Approval]{.underline}: Should changes impacting the
    nature of the work to be performed by on-call employees,
    qualifications, or scheduling occur, these must be submitted in
    writing to the Manager, Personnel Services, who will determine
    whether reauthorization review is necessary or whether simple
    amendment to an established agreement is required.

Godfrey C. Beckett

Manager, Human Resources, Diversity, and EEO

#### Attachment A, Personnel Letter 550-2

##### **Sample Request to Designate An Organizational Unit in Which On-Call** 

**Work Assignments May Be Required**

# 1. Name of Originating Manager/Supervisor: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**2. Title of Organizational Unit:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**3. Date On Which On-Call Status Will Be Implemented:
\_\_\_\_\_\_\_\_\_\_\_\_\_**

**4. Occupations Covered:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

5\. Necessity for Requiring On-Call Assignments:

6\. Minimum Knowledge/Skills Requirements for Employees to Be Placed
On-Call:

7\. Geographic Range (In Miles) of Beeper/Pager or Other Electronic
Device: \_\_\_\_\_\_\_\_\_

8\. Maximum Response Time (Minutes/Hours) for Employees to Report to BPA
Duty Station: \_\_\_\_\_\_\_

9\. Type of Schedule (Check One):

> \_\_\_\_\_\_\_ Rotating Schedule Among Employees
>
> \_\_\_\_\_\_\_ Intermittent Assignment of Employees
>
> \_\_\_\_\_\_\_ Other (please describe):

10\. If A Rotating Schedule is Used, Describe Rotation Method:

11\. Length of Time Schedules Are Established In Advance (Check One):

> \_\_\_\_\_\_\_ 90 Days
>
> \_\_\_\_\_\_\_ Other (please specify): \_\_\_\_\_\_\_\_\_ (If less
> than 90 days, provide justification below:

12\. Minimum Notice Given To Employees for Short-Term Changes Except for
Authorized Exceptions Noted in Personnel Letter 550-2 (Check One):

> \_\_\_\_\_\_\_ 14 Days
>
> \_\_\_\_\_\_\_ Other (please specify): \_\_\_\_\_\_\_\_\_ (If less
> than 14 days, provide justification below:

13\. Other Appropriate Information:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_

Signature of Originating Manager Date

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_

Signature of Senior Vice-President Date

cc:

Manager, Personnel Service