United States of America v. Colin C. McInnes and Cross-Appellants (Two Cases)

Colin Mclnnes and a group of other federal employees [appellees] sought an award of back pay following a change of their pay schedules. Judgment was ultimately entered against the government. The government appeals from this adverse judgment in No. 76-1771, and the appellees cross-appeal from the denial of a motion for summary judgment in No. 76-1812. We affirm.

FACTS

The appellees are radiation control monitors employed by the Navy at the Puget Sound Naval Shipyard in Bremerton, Washington. Prior to December 24, 1972, they worked on rotating 90-day shifts; each employee spent one-third of his time on the day shift, one-third on the swing shift, and a final third on the graveyard shift. While working on the swing and graveyard shifts, each employee received, in addition to his regular wage, a “night differential” amounting to 1lk% [swing] and 10% [graveyard] of the regular wage.

This action arises out of the December 24, 1972, conversion of the appellees’ pay system from the above described “Prevailing Rate” [ 5 U.S.C. § 5341 et seq.] system to the “General Schedule” [ 5 U.S.C. § 5332 et seq.] pay system. With the guidance of the Civil Service Commission Regulations, 5 CFR §…