Criteria for determining when an employee is in a standby status or in an on-call status are specified in 5 CFR § 551.431

Standby is work.
If an employee is put on standby duty, the time spent on standby duty is considered hours of work under the Fair Labor Standards Act (FLSA).

Under the newly revised standby regulations, three conditions must be met in order for an employee to be in pay status:

1.   restriction by official order to a designated post of duty
2.   requirement to be in a state of readiness to perform work
3.   limitation of activities so substantial that the employee cannot
      use the time effectively for his or her own purposes.

If these criteria are not satisfied, the fact that an employee is required to carry a pager and remain within a reasonable call-back radius from the employing agency does not thereby change the employee's status from on-call to standby.  See AFGE, Council of Marine Corps Locals, (C-240) and Dept. of Navy, U.S. Marine Corps Washington, D.C., 39 FLRA 779 (1991), enforced, 962 F.2d 1066 (D.C. Cir 1992).  In fact, 5 CFR 551.431 precludes an employee in an on-call status from being paid regardless of whether the employee must carry or respond to a pager.

In order to prevail in an arbitration over this particular matter, a grievant would have to make it evident that he or she met the requirements for being on standby duty.  The Authority does not consider a reasonable call-back radius to be a post of duty.  Furthermore, if employees may exchange their on-call duties with other employees, they are considered to be in an off duty status.  AFGE Local 1897 and Dept. of Air Force, Elgin AFB, 51 FLRA 1290, 1291-92 (1996).  Thus, the Authority found employees required to carry wear pagers and respond within 45 minutes to be on-call rather than on standby.

Article 19.6(b) of the Master Agreement authorizes the Local Parties to further negotiate matters concerning scheduling, rotation, and hardships.

On some Ranger Districts, availability for fire duties is rotated on a weekly basis.  Employees may secure a replacement and inform the duty officer. Employees post their availability on an "availability sheet" located on our fire bulletin board.  If employees do not make their availability known, Mgt may find a substitute.  Mgt is not requiring available employees to carry pagers, but they are generally furnished upon request, if on hand.

For an impasse case involving pagers see 93 FSIP 72.

Requiring employees to wear pagers during off duty time may not a very reliable means of maintaining employee availability.  Pager range may be limited and they may not be able to receive a signal under certain circumstances even at relatively close range. 

Locals might try proposing that employees will not be required to carry or respond to pagers unless they are in a duty and pay status.