Common use of Alternative Work Schedules Clause in Contracts

Alternative Work Schedules. Pursuant to the Fair Labor Standards Act (FLSA), employees shall have a fixed workweek that consists of a regular recurring period of 168 consecutive hours (seven 24-hour periods) which can begin and end on any day of the week and at any time of the day. The designated workweek for an employee may be changed only if the change is intended to be permanent and not designed to evade overtime requirements of the FLSA. Management may assign employees to work a four/ten (4/10), five/forty (5/40), nine/eighty (9/80), or other work schedule. The Association will be entitled to consult with Management on the matter prior to the proposed action. The Association will also be entitled, upon request, to consult with Management if Management intends to deny a change in schedule to an employee. Management may require employees to change their work schedules (working hours or change days off, except the split day) within the same FLSA work week, providing that the change is not arbitrary, capricious or discriminatory. In the event Management’s actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory in accordance with Article 3.1. No employee shall be required to work a 4/10 schedule against his or her will. It is further agreed that Management shall retain the right to refuse an employee's request to work a 4/10, 9/80, or other work schedule, and to require the reversion to a 5/40 work schedule, provided that the exercise of such right is not arbitrary, capricious, or discriminatory. In the event Management's actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory in accordance with Article 3.1. Employees on a 9/80 modified work schedule shall have designated a regular day off (also known as 9/80 day off) which shall remain fixed. Temporary changes to the designated 9/80 day off at the request of Management or the employee are prohibited unless it is intended for the employee to work additional hours (overtime). Employees on a 4/10 work schedule shall work 10 hours per day for a four day work week (or 12 hours per day for a three day work week in the Information Technology Agency only) exclusive of lunch periods. Employees shall be entitled to rest periods in accordance with the provisions of Article 4.4. Employees shall be compensated for 40 hours per week at the regular hourly rate for their class and pay grade. EAA agrees that it is a management right to require employees who work on a 4/10, 9/80, or 3/12 work schedule to work overtime on Saturday rather than on their day off which falls within the week. Employees who work on a schedule other than a 5/40 shall have their sick leave, vacation and holiday credits accrued at the same hourly rate as an employee on the 5/40 schedule. The City reserves the right to develop 26-week/1,040 hours or 52-week/2,080 hours work periods under FLSA Section 7(b) [29 USC §207(b)(1) and (2)] during the term of this MOU for the purpose of increasing scheduling flexibility. Implementation of this work schedule is subject to agreement by the parties and certification of the Association as bona fide by the National Labor Relations Board (NLRB).

Alternative Work Schedules. Pursuant to the Fair Labor Standards Act (FLSA), employees shall have a fixed workweek that consists of a regular recurring period of 168 consecutive hours (seven 24-hour periods) which can begin and end on any day of the week and at any time of the day. The designated workweek for an employee may be changed only if the change is intended to be permanent and not designed to evade overtime requirements of the FLSA. Management may assign employees to work a four/ten (4/10), five/forty (5/40), nine/eighty (9/80), or other work schedule. The Association will be entitled to consult with Management on the matter prior to the proposed action. The Association will also be entitled, upon request, to consult with Management if Management intends to deny a change in schedule to an employee. Management may require employees to change their work schedules (working hours or change days off, except the split day) within the same FLSA work weekworkweek, providing that the change is not arbitrary, capricious or discriminatory. In the event Management’s actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory in accordance with Article 3.1. No employee shall be required to work a 4/10 schedule against his or her will. It is further agreed that Management shall retain the right to refuse an employee's request to work a 4/10, 9/80, or other work schedule, and to require the reversion to a 5/40 work schedule, provided providing that the exercise of such right is not arbitrary, capricious, or discriminatory. In the event Management's actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory advisory, in accordance with Article 3.1. Employees on a 9/80 modified work schedule shall have designated a regular day off (also known as 9/80 day off) which shall remain fixed. Temporary changes to the designated 9/80 day off at the request of Management or the employee are prohibited unless it is intended for the employee to work additional hours (overtime). Employees on a 4/10 work schedule shall work 10 hours per day for a four day work week (or 12 hours per day for a three day work week in the Information Technology Agency only) exclusive of lunch periods. Employees shall be entitled to rest periods in accordance with the provisions of Article 4.4. Employees shall be compensated for 40 hours per week at the regular hourly rate for their class and pay gradepaygrade. EAA agrees that it is a management right to require employees who work on a 4/10, 9/80, or 3/12 work schedule to work overtime on Saturday rather than on their day off which falls within the week. Employees who work on a schedule other than a 5/40 shall have their sick leave, vacation and holiday credits accrued at the same hourly rate as an employee on the 5/40 schedule. The City reserves the right to develop 26-week/1,040 hours or 52-week/2,080 hours work periods under FLSA Section 7(b) [29 USC §207(b)(1207(b) (1) and (2)] during the term of this MOU for the purpose of increasing scheduling flexibility. Implementation of this work schedule is subject to agreement by the parties and certification of the Association as bona fide by the National Labor Relations Board (NLRB).

Alternative Work Schedules. Pursuant to the Fair Labor Standards Act (FLSA), employees shall have a fixed workweek that consists of a regular recurring period of 168 consecutive hours (seven 24-hour periods) which can begin and end on any day of the week and at any time of the day. The designated workweek for an employee may be changed only if the change is intended to be permanent and not designed to evade overtime requirements of the FLSA. Management may assign employees to work a four/ten (4/10), five/forty (5/40), nine/eighty (9/80), or other work schedule. The Association will be entitled to consult with Management on the matter prior to the proposed action. The Association will also be entitled, upon request, to consult with Management if Management intends to deny a change in schedule to an employee. Management may require employees to change their work schedules (working hours or change days off, except the split day) within the same FLSA work week, providing that the change is not arbitrary, capricious or discriminatory. In the event Management’s actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory in accordance with Article Section 3.1. No employee shall be required to work a 4/10 schedule against his or her will. It is further agreed that Management shall retain the right to refuse an employee's request to work a 4/10, 9/80, or other work schedule, and to require the reversion to a 5/40 work schedule, provided that the exercise of such right is not arbitrary, capricious, or discriminatory. In the event Management's actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory in accordance with Article Section 3.1. Employees on a 9/80 modified work schedule shall have designated a regular day off (also known as 9/80 day off) which shall remain fixed. Temporary changes to the designated 9/80 day off at the request of Management or the employee are prohibited unless it is intended for the employee to work additional hours (overtime). Employees on a 4/10 work schedule shall work 10 hours per day for a four day work week (or 12 hours per day for a three day work week in the Information Technology Agency only) exclusive of lunch periods. Employees shall be entitled to rest periods in accordance with the provisions of Article Section 4.4. Employees shall be compensated for 40 hours per week at the regular hourly rate for their class and pay grade. EAA agrees that it It is a management right to require employees who work on a 4/10, 9/80, or 3/12 work schedule to work overtime on Saturday rather than on their day off which falls within the week. Employees who work on a schedule other than a 5/40 shall have their sick leave, vacation and holiday credits accrued at the same hourly rate as an employee on the 5/40 schedule. The City reserves the right to develop 26-week/1,040 hours or 52-week/2,080 hours work periods under FLSA Section 7(b) [29 USC §207(b)(1) and (2)] during the term of this MOU document for the purpose of increasing scheduling flexibility. Implementation of this work schedule is subject to agreement by the parties City and the Association and certification of the Association as bona fide by the National Labor Relations Board (NLRB).

Alternative Work Schedules. Pursuant to the Fair Labor Standards Act (FLSA), employees shall have a fixed workweek that consists of a regular recurring period of 168 consecutive hours (seven 24-hour periods) which can begin and end on any day of the week and at any time of the day. The designated workweek for an employee may be changed only if the change is intended to be permanent and not designed to evade overtime requirements of the FLSA. Management may assign employees to work a four/ten (4/10), five/forty (5/40), nine/eighty (9/80), or other work schedule. The Association will be entitled to consult with Management on the matter prior to the proposed action. The Association will also be entitled, upon request, to consult with Management if Management intends to deny a change in schedule to an employee. Management may require employees to change their work schedules (working hours or change days off, except the split day) within the same FLSA work weekworkweek, providing that the change is not arbitrary, capricious or discriminatory. In the event Management’s actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory in accordance with Article 3.1. No employee shall be required to work a 4/10 schedule against his or her will. It is further agreed that Management shall retain the right to refuse an employee's request to work a 4/10, 9/80, or other work schedule, and to require the reversion to a 5/40 work schedule, provided that the exercise of such right is not arbitrary, capricious, or discriminatory. In the event Management's actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory advisory, in accordance with Article 3.1. Employees on a 9/80 modified work schedule shall have designated a regular day off (also known as 9/80 day off) which shall remain fixed. Temporary changes to the designated 9/80 day off at the request of Management or the employee are prohibited unless it is intended for the employee to work additional hours (overtime). Employees on a 4/10 work schedule shall work 10 hours per day for a four day work week (or 12 hours per day for a three day work week in the Information Technology Agency only) exclusive of lunch periods. Employees shall be entitled to rest periods in accordance with the provisions of Article 4.4. Employees shall be compensated for 40 hours per week at the regular hourly rate for their class and pay gradepaygrade. EAA agrees that it is a management right to require employees who work on a 4/10, 9/80, or 3/12 work schedule to work overtime on Saturday rather than on their day off which falls within the week. Employees who work on a schedule other than a 5/40 shall have their sick leave, vacation and holiday credits accrued at the same hourly rate as an employee on the 5/40 schedule. The City reserves the right to develop 26-week/1,040 hours or 52-week/2,080 hours work periods under FLSA Section 7(b) [29 USC §207(b)(1) and (2)] during the term of this MOU for the purpose of increasing scheduling flexibility. Implementation of this work schedule is subject to agreement by the parties and certification of the Association as bona fide by the National Labor Relations Board (NLRB).

Alternative Work Schedules. Pursuant to the Fair Labor Standards Act (FLSA), employees shall have a fixed workweek that consists of a regular recurring period of 168 consecutive hours (seven 24-hour periods) which can begin and end on any day of the week and at any time of the day. The designated workweek for an employee may be changed only if the change is intended to be permanent and not designed to evade overtime requirements of the FLSA. Management may assign employees to work a four/ten (4/10), five/forty (5/40), nine/eighty (9/80), or other work schedule. The Association will be entitled to consult with Management on the matter prior to the proposed action. The Association will also be entitled, upon request, to consult with Management if Management intends to deny a change in schedule to an employee. Management may require employees to change their work schedules (working hours or change days off, except the split day) within the same FLSA work weekworkweek, providing that the change is not arbitrary, capricious or discriminatory. In the event Management’s actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory in accordance with Article 3.1. No employee shall be required to work a 4/10 schedule against his or her will. It is further agreed that Management shall retain the right to refuse an employee's request to work a 4/10, 9/80, or other work schedule, and to require the reversion to a 5/40 work schedule, provided that the exercise of such right is not arbitrary, capricious, or discriminatory. In the event Management's actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory advisory, in accordance with Article 3.1. Employees on a 9/80 modified work schedule shall have designated a regular day off (also known as 9/80 day off) which shall remain fixed. Temporary changes to the designated 9/80 day off at the request of Management or the employee are prohibited unless it is intended for the employee to work additional hours (overtime). Employees on a 4/10 work schedule shall work 10 hours per day for a four day work week (or 12 hours per day for a three day work week in the Information Technology Agency only) exclusive of lunch periods. Employees shall be entitled to rest periods in accordance with the provisions of Article 4.4. Employees shall be compensated for 40 hours per week at the regular hourly rate for their class and pay gradepaygrade. EAA agrees that it is a management right to require employees who work on a 4/10, 9/80, or 3/12 work schedule to work overtime on Saturday rather than on their day off which falls within the week. Employees who work on a schedule other than a 5/40 shall have their sick leave, vacation and holiday credits accrued at the same hourly rate as an employee on the 5/40 schedule. MOU21-22 The City reserves the right to develop 26-week/1,040 hours or 52-week/2,080 hours work periods under FLSA Section 7(b) [29 USC §207(b)(1207(b) (1) and (2)] during the term of this MOU for the purpose of increasing scheduling flexibility. Implementation of this work schedule is subject to agreement by the parties and certification of the Association as bona fide by the National Labor Relations Board (NLRB).

Alternative Work Schedules. Pursuant to the Fair Labor Standards Act (FLSA), employees shall have a fixed workweek that consists of a regular recurring period of 168 consecutive hours (seven 24-hour periods) which can begin and end on any day of the week and at any time of the day. The designated workweek for an employee may be changed only if the change is intended to be permanent and not designed to evade overtime requirements of the FLSA. Management may assign employees to work a four/ten (4/10), five/forty (5/40), nine/eighty (9/80), or other work schedule. The Association will be entitled to consult with Management on the matter prior to the proposed action. The Association will also be entitled, upon request, to consult with Management if Management intends to deny a change in schedule to an employee. Management may require employees to change their work schedules (working hours or change days off, except the split day) within the same FLSA work weekworkweek, providing that the change is not arbitrary, capricious or discriminatory. In the event Management’s actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory in accordance with Article 3.1. No employee shall be required to work a 4/10 schedule against his or her will. It is further agreed that Management shall retain the right to refuse an employee's request to work a 4/10, 9/80, or other work schedule, and to require the reversion to a 5/40 work schedule, provided that the exercise of such right is not arbitrary, capricious, or discriminatory. In the event Management's actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory advisory, in accordance with Article 3.1. Employees on a 9/80 modified work schedule shall have designated a regular day off (also known as 9/80 day off) which shall remain fixed. Temporary changes to the designated 9/80 day off at the request of Management or the employee are prohibited unless it is intended for the employee to work additional hours (overtime). Employees on a 4/10 work schedule shall work 10 hours per day for a four day work week (or 12 hours per day for a three day work week in the Information Technology Agency only) exclusive of lunch periods. Employees shall be entitled to rest periods in accordance with the provisions of Article 4.4. Employees shall be compensated for 40 hours per week at the regular hourly rate for their class and pay gradepaygrade. EAA agrees that it is a management right to require employees who work on a 4/10, 9/80, or 3/12 work schedule to work overtime on Saturday rather than on their day off which falls within the week. Employees who work on a schedule other than a 5/40 shall have their sick leave, vacation and holiday credits accrued at the same hourly rate as an employee on the 5/40 schedule. The City reserves the right to develop 26-week/1,040 hours or 52-week/2,080 hours work periods under FLSA Section 7(b) [29 USC §207(b)(1207(b) (1) and (2)] during the term of this MOU for the purpose of increasing scheduling flexibility. Implementation of this work schedule is subject to agreement by the parties and certification of the Association as bona fide by the National Labor Relations Board (NLRB).

Alternative Work Schedules. Pursuant to the Fair Labor Standards Act (FLSA), employees shall have a fixed workweek that consists of a regular recurring period of 168 consecutive hours (seven 24-hour periods) which can begin and end on any day of the week and at any time of the day. The designated workweek for an employee may be changed only if the change is intended to be permanent and not designed to evade overtime requirements of the FLSA. Management may assign employees to work a four/ten (4/10), five/forty (5/40), nine/eighty (9/80), or other work schedule. The Association will be entitled to consult with Management on the matter prior to the proposed action. The Association will also be entitled, upon request, to consult with Management if Management intends to deny a change in schedule to an employee. Management may require employees to change their work schedules (working hours or change days off, except the split day) within the same FLSA work week, providing that the change is not arbitrary, capricious or discriminatory. In the event Management’s actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory in accordance with Article 3.1. No employee shall be required to work a 4/10 schedule against his or her will. It is further agreed that Management shall retain the right to refuse an employee's request to work a 4/10, 9/80, or other work schedule, and to require the reversion to a 5/40 work schedule, provided providing that the exercise of such right is not arbitrary, capricious, or discriminatory. In the event Management's actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory advisory, in accordance with Article 3.1. Employees on a 9/80 modified work schedule shall have designated a regular day off (also known as 9/80 day off) which shall remain fixed. Temporary changes to the designated 9/80 day off at the request of Management or the employee are prohibited unless it is intended for the employee to work additional hours (overtime). Employees on a 4/10 work schedule shall work 10 hours per day for a four day work week (or 12 hours per day for a three day work week in the Information Technology Agency only) exclusive of lunch periods. Employees shall be entitled to rest periods in accordance with the provisions of Article 4.4. Employees shall be compensated for 40 hours per week at the regular hourly rate for their class and pay grade. EAA agrees that it is a management right to require employees who work on a 4/10, 9/80, or 3/12 work schedule to work overtime on Saturday rather than on their day off which falls within the week. Employees who work on a schedule other than a 5/40 shall have their sick leave, vacation and holiday credits accrued at the same hourly rate as an employee on the 5/40 schedule. The City reserves the right to develop 26-week/1,040 hours or 52-week/2,080 hours work periods under FLSA Section 7(b) [29 USC §207(b)(1) and (2)] during the term of this MOU for the purpose of increasing scheduling flexibility. Implementation of this work schedule is subject to agreement by the parties and certification of the Association as bona fide by the National Labor Relations Board (NLRB).

Alternative Work Schedules. Pursuant to the Fair Labor Standards Act (FLSA), employees shall have a fixed workweek that consists of a regular recurring period of 168 consecutive hours (seven 24-hour periods) which can begin and end on any day of the week and at any time of the day. The designated workweek for an employee may be changed only if the change is intended to be permanent and not designed to evade overtime requirements of the FLSA. Management may assign employees to work a four/ten (4/10), five/forty (5/40), nine/eighty (9/80), or other work schedule. The Association will be entitled to consult with Management on the matter prior to the proposed action. The Association will also be entitled, upon request, to consult with Management if Management intends to deny a change in schedule to an employee. Management may require employees to change their work schedules (working hours or change days off, except the split day) within the same FLSA work week, providing that the change is not arbitrary, capricious or discriminatory. In the event Management’s actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory in accordance with Article 3.1. No employee shall be required to work a 4/10 schedule against his or her will. It is further agreed that Management shall retain the right to refuse an employee's request to work a 4/10, 9/80, or other work schedule, and to require the reversion to a 5/40 work schedule, provided that the exercise of such right is not arbitrary, capricious, or discriminatory. In the event Management's actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory advisory, in accordance with Article 3.1. Employees on a 9/80 modified work schedule shall have designated a regular day off (also known as 9/80 day off) which shall remain fixed. Temporary changes to the designated 9/80 day off at the request of Management or the employee are prohibited unless it is intended for the employee to work additional hours (overtime). Employees on a 4/10 work schedule shall work 10 hours per day for a four day work week (or 12 hours per day for a three day work week in the Information Technology Agency only) exclusive of lunch periods. Employees shall be entitled to rest periods in accordance with the provisions of Article 4.4. Employees shall be compensated for 40 hours per week at the regular hourly rate for their class and pay grade. EAA agrees that it is a management right to require employees who work on a 4/10, 9/80, or 3/12 work schedule to work overtime on Saturday rather than on their day off which falls within the week. Employees who work on a schedule other than a 5/40 shall have their sick leave, vacation and holiday credits accrued at the same hourly rate as an employee on the 5/40 schedule. The City reserves the right to develop 26-week/1,040 hours or 52-week/2,080 hours work periods under FLSA Section 7(b) [29 USC §207(b)(1) and (2)] during the term of this MOU for the purpose of increasing scheduling flexibility. Implementation of this work schedule is subject to agreement by the parties and certification of the Association as bona fide by the National Labor Relations Board (NLRB).

Alternative Work Schedules. Pursuant to the Fair Labor Standards Act (FLSA), employees shall have a fixed workweek that consists of a regular recurring period of 168 consecutive hours (seven 24-hour periods) which can begin and end on any day of the week and at any time of the day. The designated workweek for an employee may be changed only if the change is intended to be permanent and not designed to evade overtime requirements of the FLSA. Management may assign employees to work a four/ten (4/10), five/forty (5/40), nine/eighty (9/80), or other work schedule. The Association will be entitled to consult with Management on the matter prior to the proposed action. The Association will also be entitled, upon request, to consult with Management if Management intends to deny a change in schedule to an employee. Management may require employees to change their work schedules (working hours or change days off, except the split day) within the same FLSA work week, providing that the change is not arbitrary, capricious or discriminatory. In the event Management’s actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory in accordance with Article Section 3.1. No employee shall be required to work a 4/10 schedule against his or her will. It is further agreed that Management shall retain the right to refuse an employee's request to work a 4/10, 9/80, or other work schedule, and to require the reversion to a 5/40 work schedule, provided providing that the exercise of such right is not arbitrary, capricious, or discriminatory. In the event Management's actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory in accordance with Article Section 3.1. Employees on a 9/80 modified work schedule shall have designated a regular day off (also known as 9/80 day off) which shall remain fixed. Temporary changes to the designated 9/80 day off at the request of Management or the employee are prohibited unless it is intended for the employee to work additional hours (overtime). Employees on a 4/10 work schedule shall work 10 hours per day for a four day work week (or 12 hours per day for a three day work week in the Information Technology Agency only) exclusive of lunch periods. Employees shall be entitled to rest periods in accordance with the provisions of Article Section 4.4. Employees shall be compensated for 40 hours per week at the regular hourly rate for their class and pay grade. EAA agrees that it It is a management right to require employees who work on a 4/10, 9/80, or 3/12 work schedule to work overtime on Saturday rather than on their day off which falls within the week. Employees who work on a schedule other than a 5/40 shall have their sick leave, vacation and holiday credits accrued at the same hourly rate as an employee on the 5/40 schedule. The City reserves the right to develop 26-week/1,040 hours or 52-week/2,080 hours work periods under FLSA Section 7(b) [29 USC §207(b)(1) and (2)] during the term of this MOU document for the purpose of increasing scheduling flexibility. Implementation of this work schedule is subject to agreement by the parties City and the Association and certification of the Association as bona fide by the National Labor Relations Board (NLRB).

Alternative Work Schedules. Pursuant to the Fair Labor Standards Act (FLSA), employees shall have a fixed workweek that consists of a regular recurring period of 168 consecutive hours (seven 24-hour periods) which can begin and end on any day of the week and at any time of the day. The designated workweek for an employee may be changed only if the change is intended to be permanent and not designed to evade overtime requirements of the FLSA. Management may assign employees to work a four/ten (4/10), five/forty (5/40), nine/eighty (9/80), or other work schedule. The Association will be entitled to consult with Management on the matter prior to the proposed action. The Association will also be entitled, upon request, to consult with Management if Management intends to deny a change in schedule to an employee. Management may require employees to change their work schedules (working hours or change days off, except the split day) within the same FLSA work weekworkweek, providing that the change is not arbitrary, capricious or discriminatory. In the event Management’s actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory in accordance with Article 3.1. No employee shall be required to work a 4/10 schedule against his or her will. It is further agreed that Management shall retain the right to refuse an employee's request to work a 4/10, 9/80, or other work schedule, and to require the reversion to a 5/40 work schedule, provided providing that the exercise of such right is not arbitrary, capricious, or discriminatory. In the event Management's actions are shown to be arbitrary, capricious, or discriminatory before an arbitrator, the award of the arbitrator shall be to reverse the action of Management. However, the decision of the arbitrator shall be binding or advisory advisory, in accordance with Article 3.1. Employees on a 9/80 modified work schedule shall have designated a regular day off (also known as 9/80 day off) which shall remain fixed. Temporary changes to the designated 9/80 day off at the request of Management or the employee are prohibited unless it is intended for the employee to work additional hours (overtime). Employees on a 4/10 work schedule shall work 10 hours per day for a four day work week (or 12 hours per day for a three day work week in the Information Technology Agency only) exclusive of lunch periods. Employees shall be entitled to rest periods in accordance with the provisions of Article 4.4. Employees shall be compensated for 40 hours per week at the regular hourly rate for their class and pay gradepaygrade. EAA agrees that it is a management right to require employees who work on a 4/10, 9/80, or 3/12 work schedule to work overtime on Saturday rather than on their day off which falls within the week. Employees who work on a schedule other than a 5/40 shall have their sick leave, vacation and holiday credits accrued at the same hourly rate as an employee on the 5/40 schedule. The City reserves the right to develop 26-week/1,040 hours or 52-week/2,080 hours work periods under FLSA Section 7(b) [29 USC §207(b)(1) and (2)] during the term of this MOU for the purpose of increasing scheduling flexibility. Implementation of this work schedule is subject to agreement by the parties and certification of the Association as bona fide by the National Labor Relations Board (NLRB).