Common use of Annotation Clause in Contracts

Annotation. The above paragraph was adopted in June 2006 (midterm) to clarify how this shift would be paid for corrections officers working the late 12-hour shift. Employees who receive shift differential as part of their regularly scheduled shift will receive that differential for all shifts and overtime worked, whether voluntary or involuntary. This applies whether the shift is scheduled ahead of time or during emergency activation. Shift differential pay is calculated based on the employee’s regular working hours and not on the extension of a shift (overtime). Employees whose regularly scheduled shift is adjusted on a working day to begin earlier or later will receive shift differential pay or additional shift differential pay if the length of their shift (minimum 8 hours) qualifies them for shift differential or additional shift differential. Shift pay eligibility on overtime worked on a RDO is determined by any length of consecutive time worked that meets or exceeds eight hours and would otherwise qualify for shift differential. The following examples are provided to illustrate shift differential payment processes: Employee A: 10-hour tour of duty employee with a regularly scheduled SWING shift of WHF, 1500-0100. • Employee shift adjusted on a working day to 0600-1600 to attend training; compensated swing shift because swing shift is the regular tour of duty. • Employee temporarily shift adjusted to 1900-0500 on a working day. Employee earns the regular swing shift pay tied to his regular tour of duty schedule plus an additional 2% due to modified 10- hour shift hours encompassing 2400-0500. • Employee temporarily shift adjusted to 1800-0400 with 2 hours of overtime, working 1800-0600 on a working day. The employee would earn swing shift pay on the adjusted 10-hour shift plus on the additional 2 hours of overtime on the extension of his tour of duty. Employee would not be entitled to Grave pay as the tour of duty, 1800-0400, ended before 5:00 am. This scenario holds true if the employee is scheduled ahead of time for a twelve-hour shift from 1800 -0600 such as New Year’s Eve or ABX Roster. Employee B: 10-hour tour of duty employee with regular schedule DAY shift of WHF 0600-1600. • Employee worked an RDO from 1500-2300. Employee would be compensated 8 hours of overtime with swing shift pay. • Employee temporarily shift adjusted on Monday from 1500-2300. Employee would be paid swing shift since his regular tour of duty hours were adjusted and the adjusted hours qualify for swing shift pay. • Employee temporarily shift adjusted on a workday to 0900-1900 with 2 hours of overtime, working 0900-2100. The employee would be paid 10 hours for his adjusted 10-hour shift plus 2 hours of overtime as an extension of his day shift. Because his tour of duty hours ended before 8:00 pm, employee would not be eligible for shift pay. This scenario holds true if the employee is scheduled ahead of time for a twelve-hour shift from 0900-2100 such as New Year’s Eve or ABX roster.

Annotation. The above paragraph was adopted in June 2006 (midtermmid term) to clarify how this shift would be paid for corrections officers working the late 12-hour shift. Employees who receive shift differential as part of their regularly scheduled shift will receive that differential for all shifts and overtime worked, whether voluntary or involuntary. This applies whether the shift is scheduled ahead of time or during emergency activation. Shift differential pay is calculated based on the employee’s regular working hours and not on the extension of a shift (overtime). Employees whose regularly scheduled shift is adjusted on a working day to begin earlier or later will receive shift differential pay or additional shift differential pay if the length of their shift (minimum 8 hours) qualifies them for shift differential or additional shift differential. Shift pay eligibility on overtime worked on a RDO is determined by any length of consecutive time worked that meets or exceeds eight hours and would otherwise qualify for shift differential. The following examples are provided to illustrate shift differential payment processes: Employee A: 10-10 hour tour of duty employee with a regularly scheduled SWING shift of WHF, 1500-0100. •  Employee shift adjusted on a working day to 0600-1600 to attend training; compensated swing shift because swing shift is the regular tour of duty. •  Employee temporarily shift adjusted to 1900-0500 on a working day. Employee earns the regular swing shift pay tied to his regular tour of duty schedule plus an additional 2% due to modified 10- 10 hour shift hours encompassing 2400-0500. •  Employee temporarily shift adjusted to 1800-0400 with 2 hours of overtime, working 1800-1800- 0600 on a working day. The employee would earn swing shift pay on the adjusted 10-10 hour shift plus on the additional 2 hours of overtime on the extension of his tour of duty. Employee would not be entitled to Grave pay as the tour of duty, 1800-0400, ended before 5:00 am. This scenario holds true if the employee is scheduled ahead of time for a twelve-twelve hour shift from 1800 -0600 such as New Year’s Eve or ABX Roster. Employee B: 10-10 hour tour of duty employee with regular schedule DAY shift of WHF 0600-1600. •  Employee worked an RDO from 1500-2300. Employee would be compensated 8 hours of overtime with swing shift pay. •  Employee temporarily shift adjusted on Monday from 1500-2300. Employee would be paid swing shift since his regular tour of duty hours were adjusted and the adjusted hours qualify for swing shift pay. •  Employee temporarily shift adjusted on a workday work day to 0900-1900 with 2 hours of overtime, working 0900-2100. The employee would be paid 10 hours for his adjusted 10-10 hour shift plus 2 hours of overtime as an extension of his day shift. Because his tour of duty hours ended before 8:00 pm, employee would not be eligible for shift pay. This scenario holds true if the employee is scheduled ahead of time for a twelve-twelve hour shift from 0900-2100 such as New Year’s Eve or ABX roster.

Annotation. The above paragraph was adopted in June 2006 (midtermmid term) to clarify how this shift would be paid for corrections officers working the late 12-hour shift. Employees who receive shift differential as part of their regularly scheduled shift will receive that differential for all shifts and overtime worked, whether voluntary or involuntary. This applies whether the shift is scheduled ahead of time or during emergency activation. Shift differential pay is calculated based on the employee’s regular working hours and not on the extension of a shift (overtime). Employees whose regularly scheduled shift is adjusted on a working day to begin earlier or later will receive shift differential pay or additional shift differential pay if the length of their shift (minimum 8 hours) qualifies them for shift differential or additional shift differential. Shift pay eligibility on overtime worked on a RDO is determined by any length of consecutive time worked that meets or exceeds eight hours and would otherwise qualify for shift differential. The following examples are provided to illustrate shift differential payment processes: Employee A: 10-10 hour tour of duty employee with a regularly scheduled SWING shift of WHF, 1500-0100. • Employee shift adjusted on a working day to 0600-1600 to attend training; compensated swing shift because swing shift is the regular tour of duty. • Employee temporarily shift adjusted to 1900-0500 on a working day. Employee earns the regular swing shift pay tied to his regular tour of duty schedule plus an additional 2% due to modified 10- 10 hour shift hours encompassing 2400-0500. • Employee temporarily shift adjusted to 1800-0400 with 2 hours of overtime, working 1800-1800- 0600 on a working day. The employee would earn swing shift pay on the adjusted 10-10 hour shift plus on the additional 2 hours of overtime on the extension of his tour of duty. Employee would not be entitled to Grave pay as the tour of duty, 1800-0400, ended before 5:00 am. This scenario holds true if the employee is scheduled ahead of time for a twelve-twelve hour shift from 1800 -0600 such as New Year’s Eve or ABX Roster. Employee B: 10-10 hour tour of duty employee with regular schedule DAY shift of WHF 0600-1600. • Employee worked an RDO from 1500-2300. Employee would be compensated 8 hours of overtime with swing shift pay. • Employee temporarily shift adjusted on Monday from 1500-2300. Employee would be paid swing shift since his regular tour of duty hours were adjusted and the adjusted hours qualify for swing shift pay. • Employee temporarily shift adjusted on a workday work day to 0900-1900 with 2 hours of overtime, working 0900-2100. The employee would be paid 10 hours for his adjusted 10-10 hour shift plus 2 hours of overtime as an extension of his day shift. Because his tour of duty hours ended before 8:00 pm, employee would not be eligible for shift pay. This scenario holds true if the employee is scheduled ahead of time for a twelve-twelve hour shift from 0900-2100 such as New Year’s Eve or ABX roster.