Court Overtime. 1. Employees covered by this Agreement who are required to appear in court on authorized Fire Department business during their off-duty hours shall be compensated in cash as follows: a. Each court appearance less than or equal to two hours in duration shall be compensated at straight time rates (1x) computed on the basis of the employee's hourly rate of pay for the average work week in effect as established under the HOURS OF WORK Article of this Agreement; however, a minimum of two hours' pay at straight time rates (1x), computed as above, shall be granted an employee covered by this Agreement when he/she is officially required to appear in court on his/her own time, provided he/she is excused before completing the two-hour minimum. b. Each court appearance greater than two hours in duration shall be compensated at straight time rates (1x) for the first two hours of such appearance and at a rate of time and one-half (1½x) for all time beyond the first two hours of such appearance. Such compensation shall be computed on the basis of the employee's hourly rate of pay for the average work week in effect as established under the HOURS OF WORK Article of this Agreement. c. Notwithstanding the foregoing, within any court appearance, all court-ordered lunch time shall be unpaid. 2. Except as provided in subsection 1.a. of this Article (two-hour minimum), above, such pay shall be granted for each actual hour or nearest 0.1 of an hour spent in court beginning at the time the employee appears in court and ending at the time the employee is released by the court. 3. Employees compensated for a court appearance under the provisions of this Article shall be required to turn over to the City any witness fees received for such appearance and make no subsequent claim for them whatsoever. 4. Any payment made under the provisions of this Article shall not have any sum deducted for pension benefits nor shall such payments be included in the determination of pension benefits or other fringe benefits. 5. Application of the provisions of this Article shall not result in pyramiding of the compensation provided herein with any other compensation to which employees would otherwise be eligible for either under this Agreement or by any other means. 6. Administration and control of the provisions of this Article shall be by the City.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Court Overtime. 1. Employees covered by this Agreement who are required to appear in court on authorized Fire Department business during their off-duty hours hours, shall be compensated in cash as follows:
a. Each court appearance appearance, less than or equal to two hours in duration duration, shall be compensated at straight straight-time rates (1x) 1X), computed on the basis of the employee's ' s hourly rate of pay for the average work week in effect as established under the HOURS OF WORK Article of this Agreement; however, a minimum of two hours' pay at straight straight-time rates (1x1X), computed as above, shall be granted an employee covered by this Agreement when he/she is officially required to appear in court on his/her own time, provided he/she is excused before completing the two-hour minimum.
b. Each court appearance greater than two hours in duration shall be compensated at straight time rates (1x1X) for the first two hours of such appearance and at a rate of time and one-half (1½x1 1/2X) for all time beyond the first two hours of such appearance. Such compensation shall be computed on the basis of the employee's ' s hourly rate of pay for the average work week in effect as established under the HOURS OF WORK Article of this Agreement.
c. Notwithstanding the foregoing, within any court appearance, all court-ordered lunch time shall be unpaid.
2. Except as provided in subsection 1.a. of this Article (two-hour minimum), above, such pay shall be granted for each actual hour or nearest 0.1 of an hour spent in court beginning at the time the employee appears in court and ending at the time the employee is released by the court.
3. Employees compensated for a court appearance under the provisions of this Article shall be required to turn over to the City any witness fees received for such appearance and make no subsequent claim for them whatsoever.
4. Any payment made under the provisions of this Article shall not have any sum deducted for pension benefits nor shall such payments be included in the determination of pension benefits or other fringe benefits.
5. Application of the provisions of this Article shall not result in pyramiding of the compensation provided herein with any other compensation to which employees would otherwise be eligible for either under this Agreement or by any other means.
6. Administration and control of the provisions of this Article shall be by the City.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Court Overtime. 1. Employees covered by this Agreement who are required to appear in court on authorized Fire Department business during their off-duty hours hours, shall be compensated in cash as follows:
a. Each court appearance appearance, less than or equal to two hours in duration duration, shall be compensated at straight straight-time rates (1x) 1X), computed on the basis of the employee's hourly rate of pay for the average work week in effect as established under the HOURS OF WORK Article of this Agreement; however, a minimum of two hours' pay at straight straight-time rates (1x1X), computed as above, shall be granted an employee covered by this Agreement when he/she is officially required to appear in court on his/her own time, provided he/she is excused before completing the two-hour minimum.
b. Each court appearance greater than two hours in duration shall be compensated at straight time rates (1x1X) for the first two hours of such appearance and at a rate of time and one-half (1½x1 1/2X) for all time beyond the first two hours of such appearance. Such compensation shall be computed on the basis of the employee's hourly rate of pay for the average work week in effect as established under the HOURS OF WORK Article of this Agreement.
c. Notwithstanding the foregoing, within any court appearance, all court-ordered lunch time shall be unpaid.
2. Except as provided in subsection 1.a. of this Article (two-hour minimum), above, such pay shall be granted for each actual hour or nearest 0.1 of an hour spent in court beginning at the time the employee appears in court and ending at the time the employee is released by the court.
3. Employees compensated for a court appearance under the provisions of this Article shall be required to turn over to the City any witness fees received for such appearance and make no subsequent claim for them whatsoever.
4. Any payment made under the provisions of this Article shall not have any sum deducted for pension benefits nor shall such payments be included in the determination of pension benefits or other fringe benefits.
5. Application of the provisions of this Article shall not result in pyramiding of the compensation provided herein with any other compensation to which employees would otherwise be eligible for either under this Agreement or by any other means.
6. Administration and control of the provisions of this Article shall be by the City.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Court Overtime. (A) Overtime for appearance in court shall be compensated at time and one-half of the regular rate of pay for time spent in court if such appearance is set within two (2) hours of the beginning or ending of a regular work shift.
(1) If set within two (2) hours of the beginning of a regular work shift, overtime at time and one-half of their regular rate of pay will be compensated beginning with the appearance time and concluding at the beginning of the shift.
(2) If set within two (2) hours of the ending of a regular work shift, overtime at time and one-half of their regular rate of pay will be compensated beginning with the shift ending time, and concluding with the completion of the court appearance.
(B) A minimum of one (1) hour at the employee's straight time rate shall be recorded when an employee has been subpoenaed for an appearance and is required to telephone the Court Liaison Officer during off duty hours prior to 12:00 p.m. to inquire whether the employee must appear. An additional one (1) hour as provided above shall be recorded if the employee is required to call back after 12:00 p.m. The Police Chief shall establish requirements for the times that employees must call the Court Liaison Officer. This call-in pay shall only be recorded if the employee is not required to appear in court during the morning or afternoon in which the call in was made.
(C) A court appearance outside of a regularly scheduled duty day shift shall be considered overtime and shall be compensated at time and one-half.
(1) On a duty day or day off, and outside of the two (2)-hour gap as described in Section A above, a minimum of four (4) overtime hours shall be recorded for the first appearance on that day and for required court-related time at the Police Department immediately prior to or following an appearance. If, on such a day, a second court appearance is required, a separate minimum of four (4) overtime hours shall be recorded, provided that the second appearance is required to begin after the previous four (4) hours minimum awarded that day is expired. When the second court appearance is required during the previous four (4) hour minimum, no additional pay shall be recorded until the previous four (4) hour minimum shall have expired, at which time hour for hour overtime shall resume.
(2) On a scheduled day off or vacation day, in order to be paid the minimums, the scheduled day or vacation day must be approved prior to the date that a subpoena is received.
(3) Employees covered who schedule leave utilizing vacation, holiday or compensatory time off for the same day that the employee previously was subpoenaed for a court appearance, shall be compensated as if the employee was not on vacation, but working the employee's regularly assigned shift in accordance with this Article.
(D) Employees who have been subpoenaed for a court appearance shall be required to verify that their presence is still needed by checking the calendar posted in the department at the end of their duty day the day before the scheduled appearance and by calling the recorder in the District Attorney's Office or at the Police Department the night before the scheduled appearance. This shall be an uncompensated call. If the scheduled appearance falls during an employee's weekend, the employee shall be required to check the posted calendar at the end of the employee's last duty day prior to the weekend. If either the calendar or the recorder indicates that the employee is not required to appear as shown on the subpoena, unless otherwise instructed to appear, the employee shall not receive any overtime pay.
(E) Employees who are called back to duty to appear in court while on suspension, sick leave, workers' compensation or leave without pay shall be paid at the straight time rate of pay for hours worked.
(F) Retirees who have received a subpoena through the course and scope of their employment are required to telephone the Court Liaison Officer prior to the court date to inquire whether the retiree must appear. A minimum of one (1) hour at the straight time pay rate shall be paid for this Agreement inquiry. An additional one (1) hour at the straight time pay rate shall be paid if the retiree is required to call back. The Police Chief shall establish a time that retirees must call the Court Liaison Officer. This compensation shall only be paid if the retiree is not required to appear in court. Retirees who are required to appear in court on authorized Fire Department business during through the course and scope of their off-duty hours employment shall be compensated in cash as follows:
a. Each court appearance less than or equal to two paid a minimum of four (4) hours in duration at the straight time pay rate for appearances before 12:00 PM. An additional minimum of four (4) hours at the straight time pay rate shall be compensated at paid for appearances after 1:00 PM. A straight time rates (1x) computed on pay rate is defined as the basis of the employee's hourly rate of pay for the average work week in effect as established under the HOURS OF WORK Article of this Agreement; however, a minimum of two hours' pay at straight time rates (1x), computed as above, shall be granted an employee covered by this Agreement when he/she is officially required to appear in court on his/her own time, provided he/she is excused before completing the two-hour minimum.
b. Each court appearance greater than two hours in duration shall be compensated at straight time rates (1x) for the first two hours of such appearance and at a rate of time and one-half (1½x) for all time beyond the first two hours of such appearance. Such compensation shall be computed on the basis of the employee's hourly rate of pay for the average work week in effect as established under the HOURS OF WORK Article of this Agreement.
c. Notwithstanding the foregoing, within any court appearance, all court-ordered lunch time shall be unpaid.
2. Except as provided in subsection 1.a. of this Article (two-hour minimum), above, such pay shall be granted for each actual hour or nearest 0.1 of an hour spent in court beginning earned at the time the employee appears in court and ending at the time the employee is released by the courtof retirement.
3. Employees compensated for a court appearance under the provisions of this Article shall be required to turn over to the City any witness fees received for such appearance and make no subsequent claim for them whatsoever.
4. Any payment made under the provisions of this Article shall not have any sum deducted for pension benefits nor shall such payments be included in the determination of pension benefits or other fringe benefits.
5. Application of the provisions of this Article shall not result in pyramiding of the compensation provided herein with any other compensation to which employees would otherwise be eligible for either under this Agreement or by any other means.
6. Administration and control of the provisions of this Article shall be by the City.
Appears in 1 contract
Samples: Memorandum of Understanding