Mandatory Overtime a. Mandatory Overtime is overtime that an employee is assigned and required to work involuntarily, and will only be required in operational emergencies when sufficient voluntary overtime cannot be secured to maintain the Company’s operation. Mandatory overtime will be limited to the number of employees and hours required to cover the emergency as determined by local management.
b. Mandatory overtime will not exceed 4 hours past an employee’s scheduled shift in any 24 hour period. Employees will not be required to work mandatory overtime until the opportunity to work the additional hours has been offered to all qualified employees who are currently at work, and if there are an insufficient number of volunteers, then to otherwise eligible employees whose names remain on the overtime call sign up list.
c. Mandatory overtime will be assigned in reverse bid seniority order according to shift time, except that employees already working overtime will be assigned last.
d. Every attempt will be made to notify employees on duty of mandatory overtime at least 1 hour in advance. If 1 hour’s advance notice is not provided, the employee will receive 1 ½ hours’ pay as a penalty in addition to the pay earned for any mandatory overtime hours actually worked.
e. Employees will not be assigned mandatory overtime during their vacation periods. For this purpose, the vacation period is defined as the period beginning 24 hours after the commencement of the employee’s last regularly scheduled shift before the vacation commenced. An employee may be assigned to mandatory overtime on the last regularly assigned shift prior to a vacation or DAT day, but will be placed at the bottom of the mandatory overtime list.
f. If any mandatory overtime causes a rest period violation to occur, every attempt will be made to adjust the employee’s shift to provide the minimum 8 hours rest.
g. All mandatory overtime hours will be paid at the applicable rate of pay but not less than the time and one half (1.5X) rate of pay regardless of work status or hours worked. If an employee is required to work mandatory overtime on two or more consecutive days, the minimum payment for all mandatory overtime hours worked will be at the double-time (2X) rate of pay.
Daily Overtime All employees shall be paid the applicable overtime rate of time and one-half (1-1/2) for all time worked in excess of eight (8) hours per day.
Emergency Overtime In the event of an emergency as defined in Section 13.15 notwithstanding the terms of this Article, the Agency Head or designee may assign someone to temporarily meet the emergency requirements, regardless of the overtime distribution.
Notice of Overtime The Agency shall give as much notice as possible of overtime to be worked.
Calculation of Overtime If the overtime work has been carried out before as well as after the regular working hours during a certain day, the overtime periods shall be added together. Only full half hours are included in the calculation.
Payment of Overtime For the purposes of calculating overtime payments, each day or shift will stand-alone.
Banking of Overtime (i) Tour Workers who work in excess of eight (8) consecutive hours shall have the option of receiving the overtime premium on the basis of this Section or of receiving straight time for hours in excess of eight (8) consecutive hours and taking equivalent time off in units of not less than four (4) hours at the hourly rate for the job when the work was performed, at a time suitable to the employee and the Company during the contract year. Any overtime remaining at the end of the contract year in which it is banked may be carried over to the next contract year for purposes of taking equivalent time off. If equivalent time off is not taken by the end of the contract year following the contract year in which it is earned, the Company shall pay the deferred one-half premium pay. Tour Workers who choose to bank overtime may later re-elect to receive the deferred one-half premium pay.
(ii) Day Workers who work in excess of ten (10) hours in a day shall have the option of receiving the overtime premium on the basis of this Section or of receiving straight time for hours in excess of ten (10) hours in a day and taking equivalent time off in units of not less than four (4) hours at the hourly rate for the job when the work was performed, at a time suitable to the employee and the Company during the contract year. Any overtime remaining at the end of the contract year in which it is banked may be carried over to the next contract year for purposes of taking equivalent time off. If equivalent time off is not taken by the end of the contract year following the contract year in which it is earned, the Company shall pay the deferred one-half premium pay. Day Workers who choose to bank overtime may later re-elect to receive the deferred one-half premium pay.
(iii) When the banked time off is requested in writing seven (7) days in advance, employees shall receive written notice of the disposition of their request a minimum of seventy-two
Overtime Scheduling 1. Each employee interested in working overtime may volunteer by requesting, in writing, to be added to the voluntary overtime list within his/her building and/or the district-wide voluntary overtime list. They will also indicate whether they wish to work during their vacation period. Such written request to be added to or deleted from the overtime lists may be made at any time; however, if the employee is requesting to be deleted from the list(s), he/she shall not be allowed to rejoin the list(s) for a ninety (90) calendar day period. Such lists shall be maintained on a yearly basis, from September 1st to August 31st of each year. The employer will serve notice to the employees, by a memo into each work area, that overtime lists are being formulated, by August 15th of each year.
2. The list will be compiled for September with the volunteers listed in seniority order. Overtime shall be rotated among volunteers. The rotation shall be continuous through the year until a new list is compiled the following September. If an employee volunteers who was not on the list he/she shall be placed on the list according to his/her seniority and he/she shall be eligible to work overtime in accordance with the normal rotation.
3. To the extent possible, employees will be notified at least four (4) hours prior to the end of the shift of any overtime for that day and by noon on Friday for any Saturday overtime. Any employee who has volunteered to work overtime and is notified in accordance with this paragraph shall be obligated to work the overtime hours in their building unless excused by the supervisor.
4. Overtime assignments will be on a rotating schedule among the qualified employees within each classification who have expressly volunteered for such overtime work. The employer’s obligation to rotate overtime shall be satisfied by calling employees who are working at the time the overtime determination is made (i.e., not on vacation or other leave of absence) in seniority order and offering them the opportunity to work.
5. If there are insufficient volunteers available for any specific assignment, the employer may require the least senior employee in the division to perform the work.
6. Substantiated errors made in the rotation of overtime (Article XIII Section G.4) will be corrected on the basis of offering the by-passed employee an amount of overtime equal to the time lost due to the error of assignment. Depending on the number of hours involved, it is possible that this may take more than (1) one overtime offer/assignment. Acceptance of the compensatory overtime will not change the employees spot in the overtime rotation, thus the employee will remain eligible for overtime in the same rotation as before the error. The compensatory overtime will not be offered at such a time or in such a manner that would purposefully cause inconvenience or inability to the effected employee to comply. In the event the employee declines the offered overtime work, the employee shall forfeit any future claim to the overtime hours in dispute.
Equalization of Overtime 1. Overtime work shall be on a voluntary basis (except as provided for in Section 1(i)), and shall be distributed as equally as possible to qualified employees working within the same department.
2. Overtime lists for the Department of Public Works and the Department of Technical and Planning Services shall be maintained, showing the number of overtime hours each employee has worked or been charged with, and will be posted at the end of each pay period by the City on Union bulletin boards, unless mutually agreed otherwise.
3. Division Overtime lists will be broken down into the following categories:
a. Division Employees
b. Non-Division Departmental Employees
c. Departmental Probationary New Hires
d. Non-Departmental Employees These categories will be utilized for call-in purposes when overtime exists, resulting in a fair and equitable distribution of overtime for both Departmental and Non Departmental employees.
4. The qualified employee with the least amount of overtime on each Division list will be given the first opportunity to the available overtime and so on up the list in an attempt to equalize the overtime hours. Those jobs, by their nature, requiring a continuity of personnel, or an uninterrupted flow of work from straight time to overtime shall be exempt from this provision.
5. Any employee refusing to work overtime will be charged with such refused overtime hours on the appropriate Division overtime list, regardless of the cause of refusal in concurrence with Article 21 K (2), which states details about charging overtime with a 10 minute call back period per the Tentative Agreement.
6. If the number of employees needed for overtime cannot be filled from the fully qualified and trained personnel within the specific Division, the City may offer overtime to other employees.
7. All overtime hours will be recorded on a continuing basis by each Department and will be reverted to zero (0) at the beginning of each fiscal year. Probationary new hires, employees transferring into a Division or Department, and Non Departmental Employees, will be charged with the highest number of overtime hours accrued by employees in the same Division or Department.
Time Off in Lieu of Overtime Employees who work overtime will not be required to take time off in regular hours to make up for overtime worked. Time off in lieu may be taken on a mutually agreed upon basis between the employee and the Hospital, such time off will be the equivalent of the premium rate the employee has earned for working overtime. The Hospital shall revert to payment of premium rate if time off is not taken within sixty (60) calendar days."
