Common use of HOURS OF WORK, OVERTIME, SHIFTS AND HOLIDAYS Clause in Contracts

HOURS OF WORK, OVERTIME, SHIFTS AND HOLIDAYS. Section 8-1. The standard work day shall consist of eight (8) hours of work between 7:00 a.m. and 5:30 p.m. with one-half hour designated as an unpaid period for lunch. The standard work week shall be five (5) consecutive days of work commencing on Monday. Nothing herein shall be construed as guaranteeing any employee eight (8) hours of work per day or forty (40) hours of work per week. (a) When employees are required to work more than two (2) hours of overtime on any shift, the employer shall allow one-half (1/2) hour for a second meal break commencing at the start of the third overtime hour. (b) When work is being performed on a ten (10) hour shift basis where craft supervision is required to report one-half (1/2) hour prior to and/or stay one-half (1/2) hour after the end of the shift for purposes of the shift turnover and to work with the employer in planning the work, the overlapping of supervision under these circumstances does not change or alter the established shift; and therefore, no second meal break (paid or unpaid) need be provided for supervision. However, when the crew is required to report prior to and/or stay after the end of the normal ten (10) hour shift and craft supervision is required to be present in order to supervise the crew, the second (2nd) meal break is applicable for both the craft supervision and the rest of the crew. (c) The second meal break shall be considered unpaid, unless the provisions of the applicable collective bargaining agreement provide otherwise. If employees are required to work through the second meal break, they shall be compensated an additional one-half (1/2) hour at the applicable overtime rate. Section 8-2. It is recognized by the parties to this Agreement that the standard work week may not be desirable or cost effective for some projects, and other arrangements for hours of work will be considered. Such proposed modifications to the standard work week shall be worked out between the Employer and NABTU. Project schedule, manpower requirements, the geographic locations of the project and other appropriate factors, will be taken into consideration by the parties in reaching an understanding on work schedules. In the event that all crafts cannot agree to a four (4) days per week-ten (10) hours per day work schedule, a cost effective compatible arrangement will be worked out. Section 8-3. Any employee reporting for work and for whom no work is provided shall receive two (2) hours pay at the applicable hourly rate, except when prior notification by the employer has been provided. Any employee who starts to work and works beyond the two (2) hours will be paid for actual time worked. Whenever minimum reporting pay is provided to employees, they will be required to remain at the project site available for work for such time as they receive pay, unless released sooner by the employer’s principle supervisor or designated representative. The provisions of this Section are not applicable where the employee voluntarily quits or is off by reason of a strike, or as provided for in Section 8-5 of this Agreement, in which case he or she shall be paid for the actual time worked. Section 8-4. The first two (2) hours of work performed before or after the regularly scheduled starting or quitting time shall be paid at the rate of time and one-half the hourly rate of pay. Compensation for Saturday will be time and one-half. There shall be no pyramiding of overtime pay. All work performed on Sundays and in excess of ten (10) hours a day shall be paid the overtime rate as stated in the appropriate local agreement, but not to exceed double the straight time rate of pay. Section 8-5. It will not be a violation of this Agreement when the Employer considers it necessary to shut down to avoid the possible loss of human life because of an emergency situation that could endanger the life and safety of an employee. In such cases, employees will be compensated only for the actual time worked. In the case of a situation described above whereby the Employer requests employees to wait in a designated area available for work the employees will be compensated for the waiting time. Section 8-6. Shifts may be established when considered necessary by the Employer. (a) Shift hours and rates will be as follows: First Shift Eight (8) hours pay for eight (8) hours worked plus one-half (½) hour unpaid lunch period. Second Shift Eight (8) hours pay for seven and one-half (7½) hours worked plus one- half (½) hour unpaid lunch period. Third Shift Eight (8) hours pay for seven (7) hours worked plus one-half (½) hours unpaid lunch period. (b) Shifts shall be established and continued for a minimum of three (3) consecutive work days. (c) If only two shifts are to be worked, the Employer may regulate starting times of the two shift operations to permit the maximum utilization of daylight hours. (d) Shift premiums are payable on the basis of one-half hour for the second shift and one hour for the third shift. This means that any employee who fails to work the full number of shift hours shall be paid for actual time worked plus the one-half hour shift premium for the second shift or the one hour shift premium for the third shift. (e) There is no requirement for calculating a shift rate and overtime is therefore computed with regular hourly rate for the appropriate overtime pay. (f) When an employee works through two (2) consecutive shifts, he or she shall remain on overtime until he or she receives a shift break of a minimum of seven (7) hours prior to commencing work on the employee’s normally established shift. (g) Fringe benefits contributions shall be paid for the full eight (8) hours of the second shift if seven and one-half (7 ½) hours are worked and the full eight (8) hours on the third shift if seven (7) hours are worked. Section 8-7. Recognized holidays shall be as follows: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Day after Thanksgiving and Christmas Day. Under no circumstances shall any work be performed on Labor Day except in cases of emergency involving life or property. In the event a holiday falls on Sunday, the following day, Monday, shall be observed as such holiday.There shall be no paid holidays. If employees are required to work on a holiday, they shall receive the appropriate rate; but in no case shall such overtime rate be more than double the straight time rate. Section 8-8. Holidays in lieu of those in Section 8-7 above may be established by agreement between the Employer and NABTU.

HOURS OF WORK, OVERTIME, SHIFTS AND HOLIDAYS. Section 8-1. The standard work day shall consist of eight (8) hours of work between 7:00 a.m. and 5:30 p.m. with one-half hour designated as an unpaid period for lunch. The standard work week shall be five (5) consecutive days of work commencing on Monday. Nothing herein shall be construed as guaranteeing any employee eight (8) hours of work per day or forty (40) hours of work per week. (a) When employees are required to work more than two (2) hours of overtime on any shift, the employer shall allow one-half (1/2) hour for a second meal break commencing at the start of the third overtime hour. (b) When work is being performed on a ten (10) hour shift basis where craft supervision is required to report one-half (1/2) hour prior to and/or stay one-half (1/2) hour after the end of the shift for purposes of the shift turnover and to work with the employer in planning the work, the overlapping of supervision under these circumstances does not change or alter the established shift; and therefore, no second meal break (paid or unpaid) need be provided for supervision. However, when the crew is required to report prior to and/or stay after the end of the normal ten (10) hour shift and craft supervision is required to be present in order to supervise the crew, the second (2nd) meal break is applicable for both the craft supervision and the rest of the crew. (c) The second meal break shall be considered unpaid, unless the provisions of the applicable collective bargaining agreement provide otherwise. If employees are required to work through the second meal break, they shall be compensated an additional one-half (1/2) hour at the applicable overtime rate. Section 8-2. It is recognized by the parties to this Agreement that the standard work week may not be desirable or cost effective for some projects, and other arrangements for hours of work will be considered. Such proposed modifications to the standard work week shall be worked out between the Employer and NABTU. Project schedule, manpower requirements, the geographic locations of the project and other appropriate factors, will be taken into consideration by the parties in reaching an understanding on work schedules. In the event that all crafts cannot agree to a four (4) days per week-ten (10) hours per day work schedule, a cost effective compatible arrangement will be worked out. Section 8-3. Any employee reporting for work and for whom no work is provided shall receive two (2) hours pay at the applicable hourly rate, except when prior notification by the employer has been provided. Any employee who starts to work and works beyond the two (2) hours will be paid for actual time worked. Whenever minimum reporting pay is provided to employees, they will be required to remain at the project site available for work for such time as they receive pay, unless released sooner by the employer’s principle supervisor or designated representative. The provisions of this Section are not applicable where the employee voluntarily quits or is off by reason of a strike, or as provided for in Section 8-5 of this Agreement, in which case he or she shall be paid for the actual time worked. Section 8-4. The first two (2) hours of work performed before or after the regularly scheduled starting or quitting time shall be paid at the rate of time and one-half the hourly rate of pay. Compensation for Saturday will be time and one-half. There shall be no pyramiding of overtime pay. All work performed on Sundays and in excess of ten (10) hours a day shall be paid the overtime rate as stated in the appropriate local agreement, but not to exceed double the straight time rate of pay. Section 8-5. It will not be a violation of this Agreement when the Employer considers it necessary to shut down to avoid the possible loss of human life because of an emergency situation that could endanger the life and safety of an employee. In such cases, employees will be compensated only for the actual time worked. In the case of a situation described above whereby the Employer requests employees to wait in a designated area available for work the employees will be compensated for the waiting time. Section 8-6. Shifts may be established when considered necessary by the Employer. (a) Shift hours and rates will be as follows: First Shift Eight (8) hours pay for eight (8) hours worked plus one-half (½) hour unpaid lunch period. Second Shift Eight (8) hours pay for seven and one-half (7½) hours worked plus one- half (½) hour unpaid lunch period. Third Shift Eight (8) hours pay for seven (7) hours worked plus one-half (½) hours unpaid lunch period. (b) Shifts shall be established and continued for a minimum of three (3) consecutive work days. (c) If only two shifts are to be worked, the Employer may regulate starting times of the two shift operations to permit the maximum utilization of daylight hours. (d) Shift premiums are payable on the basis of one-half hour for the second shift and one hour for the third shift. This means that any employee who fails to work the full number of shift hours shall be paid for actual time worked plus the one-half hour shift premium for the second shift or the one hour shift premium for the third shift. (e) There is no requirement for calculating a shift rate and overtime is therefore computed with regular hourly rate for the appropriate overtime pay. (f) When an employee works through two (2) consecutive shifts, he or she shall remain on overtime until he or she receives a shift break of a minimum of seven (7) hours prior to commencing work on the employee’s normally established shift. (g) Fringe benefits contributions shall be paid for the full eight (8) hours of the second shift if seven and one-half (7 ½) hours are worked and the full eight (8) hours on the third shift if seven (7) hours are worked. Section 8-7. Recognized holidays shall be as follows: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Day after Thanksgiving and Christmas Day. Under no circumstances shall any work be performed on Labor Day except in cases of emergency involving life or property. In the event a holiday falls on Sunday, the following day, Monday, shall be observed as such holiday.. There shall be no paid holidays. If employees are required to work on a holiday, they shall receive the appropriate rate; but in no case shall such overtime rate be more than double the straight time rate. Section 8-8. Holidays in lieu of those in Section 8-7 above may be established by agreement between the Employer and NABTU.