HOURS OF WORK AND OVERTIME A. Effective January 1, 1986, the workweek of all Employees covered by this Agreement will be forty (40) hours per week with work schedules and starting times to remain flexible based on the needs of the Employer.
(1) An Employee whose regularly scheduled workday consists of 10-1/4 hours or less, and who works in excess of their regularly scheduled shift in one day or an Employee working in excess of forty (40) hours in one week, as defined by The Fair Labor Standards Act, as amended, provided that holidays, funeral leave and injury leave for which the Employee is paid shall be counted in the forty (40) hours, shall, as determined by the Employee, either be paid time and one-half his regular rate or receive compensatory time off on the basis of one and one-half hours off for each hour of overtime worked. Time off to use earned compensatory time will be granted within sixty (60) days of the request made by the Employee. When compensatory time is used, it shall not count as hours worked during the applicable work period for purposes of determining overtime. No Employee shall be permitted to accrue more than two hundred forty (240) hours of unused compensatory time and any Employee who has accrued unused compensatory time to the two hundred forty (240) hour limit shall be paid in cash for accrued compensatory time, he shall be paid at the Employee’s regular rate at the time of payment. Upon termination of employment, unused compensatory time shall be paid at the Employee’s average regular rate for the last three (3) years of employment or the Employee's final regular rate, whichever is higher.
(2) It is the intention of the parties, for reasons of efficiency and economy, that the Employer be permitted to utilize work scheduling and compensatory time to minimize its overtime liability.
(3) An Employee who has been scheduled to work a split shift shall be entitled to work the second four hours, if those hours become available, before a part-time replacement is called in. An Employee who works a split shift shall receive a split shift premium of $0.60/hour for all hours worked on the second portion of the split shift.
(4) When the assignment of overtime becomes necessary, as decided by the City in its sole discretion, the City shall equalize those assignments among the various members of the bargaining unit. The City may require any bargaining unit employee to perform overtime work. The Division of Transit shall keep a list of Employees and amount of overtime hours worked. All refused overtime hours will be charged as if worked. This list shall be available at the appropriate work site January 1 of each year and updated weekly thereafter.
(5) Any time for which an Employee is required to arrive before his shift and/or remain after his shift shall be considered hours worked for which he shall be compensated at the appropriate rate.
(6) The bargaining unit Employees shall be paid weekly.
(7) Bargaining unit Employees shall have free parking privileges at a City owned parking lot near the bus terminal.
(8) Employees working a twelve (12) hour shift shall receive an additional thirty
HOURS OF WORK i) Where employees are now working a longer daily tour, the provisions set out in this Article governing the regular hours of work on a daily tour shall be adjusted accordingly.
ii) The normal daily extended tour shall be 11.25 consecutive hours in any 24-hour period, exclusive of a total of forty-five (45) minutes of unpaid meal time. For hybrid schedules, there will be scheduled normal daily tours of seven and one-half (7½) hours and 11.25 consecutive hours per day.
iii) Employees working an extended tour shall be entitled, subject to the exigencies of resident care, to paid relief periods during the tour of a total of forty-five (45) minutes. For hybrid schedules, there will also be shifts that provide for relief periods in accordance with Article 15.02.
iv) Scheduling issues will be resolved at the local level.
v) Where the union and the employer have agreed to or agree to an extended daily tour or hybrid schedule that differs from the normal daily extended tour, the proportion of unpaid time to hours of work shall maintain the same ratio as set out in paragraph ii) and iii) of this Article.
HOURS OF WORK & OVERTIME Section 15.1 This Article is intended to define the normal hours of work per day or per week in effect at the time of execution of this Agreement. Nothing contained herein shall be construed as preventing the Employer from restructuring the normal workday or workweek as necessary to promote efficiency or improve services, or from establishing the work schedules of employees. However, nothing in this Section shall relieve the Employer of its duty to bargain the affects of such decisions on employee wages, hours, terms and other conditions of employment. This Article shall be used as the basis for computing overtime for employees who are not exempt from the overtime provisions of the Fair Labor Standards Act and shall not be construed as a guarantee of hours of work per day or per week.
Section 15.2 Employees may take one paid fifteen (15) minute break for every four (4) hour block worked. Employees may combine breaks to take up to one (1) sixty (60) minute paid break. Employees may not leave campus on their paid breaks.
Section 15.3 Bargaining unit employees who are not exempt from the provisions of the Fair Labor Standards Act will be paid one and one-half times their normal hourly rate for all hours actually worked in excess of forty (40) hours per work week. All overtime shall have prior supervisory approval, except when it is necessary for a nurse to remain on duty to protect patient safety. Only hours actually worked are counted for the purpose of computing an employee's eligibility for overtime pay. There shall be no pyramiding of hours or pay.
Section 15.4 The Board serves individuals 24 hours per day, 7 days per week. To meet this need for service to our individuals evening and weekend hours may be required of any bargaining unit employee. The Employer will establish the standard work day as beginning at 6:00 a.m. and ending at 5:59 a.m. and starting and ending times for each shift in each department. Supervisors will establish daily workschedules.
Section 15.5 Absent an emergency situation, management will notify the Union in the event management intends to institute a long-term change in the present shift times for nurses. Following notification and upon request by the Union, management will meet with the Union to discuss the reason for the change and possible alternatives.
– HOURS OF WORK & SCHEDULING 15.01 The normal hours of work for an employee are not a guarantee of work per day or per week, or a guarantee of days of work per week. The normal hours of work shall be seven and one-half (7½) hours per day, and seventy-five (75) hours in any bi-weekly period.
15.02 The normal daily shift shall consist of seven and one-half (7½) consecutive hours, exclusive of a one-half (½) hour unpaid meal period. Employees shall be entitled to a fifteen (15) minute paid break during each half of the normal daily shift, at a time designated by the Employer.
15.03 Employees required for reporting purposes shall remain at work for a period of up to fifteen (15) minutes which shall be unpaid. Should the reporting time extend beyond fifteen (15) minutes however, the entire period shall be considered overtime for the purposes of payment.
15.04 Requests for change in posted work schedules must be submitted in writing and co-signed by the employee willing to exchange days off or shifts and are subject to the discretion of the Administrator or her designate. In any event, it is understood that such a change initiated by the employee and approved by the Employer shall not result in overtime compensation or payment or any other claims on the Employer by any employee under the terms of this Agreement.
15.05 Where there is a change to Daylight Savings from Standard Time or vice-versa, an employee who is scheduled and works a full shift shall be paid for a seven and one-half (7½) hour shift rather than the actual hours worked.
15.06 In the event that a meal period is interrupted requiring an employee to attend to a work related problem, then the balance of the unused meal period will be taken within two (2) hours of the interruption. If the employee is unable to reschedule such time, she shall be paid time and one-half (1½) her regular straight time hourly rate for all time worked in excess of her normal daily hours, in accordance with Article 16.01.
CORRECTION OF WORK 13.2.1 The Contractor shall be responsible for correcting all Work which the Architect has found to be defective or which fails to conform to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby.
13.2.2 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the
