Shiftwork (A) Where the Employee would have received shift loadings had the Employee not been on leave during the relevant period and such loadings would have entitled the Employee to a greater amount than a loading of 17.5% of the payment under clause 23.1(c), then the shift loadings must be added to the payment under clause 23.1(c)(i) instead of the 17.5% loading.
(B) Provided further that if the shift allowance would have entitled the Employee to a lesser amount than the loading of 17.5% then such loading of 17.5% shall be used for the purpose of calculating annual leave loading in lieu of the shift allowance.
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.
Minimum Break between Shifts (a) Where it is necessary to work extended overtime, it is agreed that no Employee shall resume or continue to work without having had ten consecutive hours off duty between the termination of the overtime and the commencement of the Employee’s ordinary work on the next day or shift.
(b) In the event that an Employee agrees to a request from site management to resume or continue to work without having had ten consecutive hours off duty, the Employee shall be paid at double ordinary time rates until the Employee is released from duty for such period.
Requirement to Work Reasonable Overtime The Employer may require any Employee to work reasonable overtime at overtime rates and such Employee shall work overtime in accordance with such requirement.
HOURS OF WORK AND OVERTIME A. The normal work week shall be from Monday to Friday both inclusive and shall comprise five (5) days of eight (8) hours each.
B. All hours worked in excess of eight (8) hours in any day shall be paid at the rate of 1 ½ times the regular hourly rate.
C. Any work performed on Saturday shall be considered overtime and shall be paid at the rate of 1 ½ times the hourly rate of pay except as provided in “E” or except for the Tuesday/Saturday shift at the high school and middle schools.
D. All hours worked on a Sunday, shall be considered overtime, and shall be paid a rate of two (2) times the normal rate of pay, except as provided in “E” below.
E. Part-time employees must satisfy the forty (40) hour week require- ment prior to receiving overtime pay for Saturdays or Sundays.
F. Employees called to work prior to the start of their normal shift shall be paid overtime for any such time worked, but such overtime pay- ment shall not apply to any of the hours of the normal shift.
G. Whenever possible, the Board shall notify the employees of any Sat- urday or Sunday work not later than the end of the shift on Thursday of that week only if such Saturday or Sunday work is scheduled prior to the end of the shift on Thursday of that week, except in cases of emergency. Nothing contained in this paragraph shall be construed to be a guarantee of overtime if such is scheduled nor shall the right of the Board to cancel such scheduled overtime be limited. Employees who are required to work on a Saturday or a Sunday shall be xxxxxx- xxxx a minimum of four hours of work at the overtime rates provided in B and C above.
H. Overtime shall be distributed equally as practical by building and/or department among the employees qualified and capable of performing the work available. Individuals declining overtime will be required to sign off acknowledging refusal. During emergencies or when a re- placement is unavailable, working overtime may be mandatory.
I. In the event an employee is called back to work after the conclusion of a normal work shift, the employee will be entitled to a minimum of four (4) hours pay at the overtime rate and the Board reserves the right to assign four (4) hours of work in such situations. If the call- back is for an open window or door, the payment shall be two (2) hours at the overtime rate. Failure of an employee to properly secure his/her area of responsibility shall result in disciplinary action.
J. Except in case of emergency, or in the event of performance on an assigned job, or during July and August, no seasonal or substitute employees shall perform in excess of forty (40) hours per week the duties of employees in the bargaining unit, nor shall seasonal or sub- stitute employees be hired or retained if regular permanent employees are on a temporary lay-off due to a reduction in force.
K. Employees shall be granted no more than a fifteen (15) minute coffee break in the morning.
L. When an employee is required to work in excess of ten (10) hours or more, said employee shall be granted a second one-half (1/2) hour lunch period at no loss of pay for such lunch period, and shall be granted an additional one-half (1/2) hour lunch period for each five
Overtime Work A. Overtime pay is to be paid at the rate of one and one- half (1½) times the basic hourly straight-time rate.
B. Overtime shall be paid to employees for work performed only after eight (8) hours on duty in any one (1) service day or forty (40) hours in any one (1) service week. Nothing in this Section shall be construed by the parties or any reviewing authority to deny the payment of overtime to employees for time worked outside of their regularly scheduled work week at the request of the Employer.
C. Penalty overtime pay is to be paid at the rate of two
HOURS AND OVERTIME A. Workweek The workweek shall consist of no more than five (5) consecutive days of eight (8) hours/day. This Article shall not restrict the extension of the regular workday or workweek on an overtime basis when such is necessary to carry on the business of the District. The District may establish a ten (10) hour/day, four (4) day work week for all or certain classes of its employees or for employees within a class if the District and the affected employees mutually agree to such a calendar. The President of CSEA Ceres #140 will be notified prior to implementing such a change.
B. Work Year All employees will be required to complete a Positive Work Year Calendar for the following year. Notwithstanding any other provisions in this agreement, the work year for school site based ten (10) month employees may be assigned to begin up to fifteen (15) workdays earlier than the first student instructional day.
C. Workday An employee with prior approval by his/her supervisor or a supervisor with the approval of the employee may modify the employee’s workday to accommodate a short-term (maximum thirty (30) calendar days) special need, but in no case will the number of hours worked that day be less than assigned. If an agreement cannot be reached, an employee’s supervisor may modify an employee’s workday to accommodate a short-term (maximum thirty (30) calendar days) special need, but in no case will the number of hours worked that day be less than assigned. The employee shall receive no less than a 3 work day prior written notice of the workday change. On an annual basis, a supervisor may modify an employee’s workday (starting and ending times) by no more than 30 minutes without the employee’s permission upon receiving the prior approval of an Assistant Superintendent. The employee shall receive written notice at least thirty (30) calendar days prior to this change taking place. CSEA will be consulted.
D. Lunch Periods All employees covered by this Agreement shall be entitled to an uninterrupted lunch period after the employee has been on duty for four (4) hours. The length of time for such lunch shall be for a period of no longer than one hour nor less than one-half (1/2) hour and shall be scheduled for full-time employees at or about the midpoint of each work shift. This also applies to overtime assignments of four hours or more.
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.
Vendor’s Conditions The Vendor shall not be obligated to complete the Transaction unless, at or before the Closing Time, each of the conditions listed below in this section has been satisfied, it being understood that the said conditions are included for the exclusive benefit of the Vendor:
(a) The representations and warranties of YC in this Agreement shall be true and correct on the Closing Date.
(b) YC shall have performed and complied with all of the terms and conditions in this Agreement and the Payment Undertaking on its part to be performed or complied with on or before the Closing Date.
(c) As evidence of the satisfaction of the conditions in sections 7.1 (a) and (b), YC shall deliver to the Vendor at the Closing Time a certificate of YC confirming the matters in sections 7.1 (a) and (b) and to the effect that as of the Closing Time all other conditions set forth in this section have been satisfied. The certificate shall be signed by two senior executive officers of YC acceptable to the Vendor, acting reasonably. Notwithstanding the foregoing, the receipt of such certificate and the completion of the Transaction shall not constitute a waiver (in whole or in part) of, or have the effect of modifying or qualifying in any way, any of the representations and warranties of YC made in or pursuant to this Agreement, each of which shall survive the Closing and remain in full force and effect for the benefit of the Vendor as provided in Article 9.
(d) YC and the Buyer shall have delivered to the Vendor a legal opinion from counsel acceptable to the Vendor, acting reasonably, and in form and content satisfactory to the Vendor subject to reasonable qualifications, as to the due incorporation and organization of YC and the Buyer, the corporate power and authority of YC and the Buyer, the receipt of all necessary approvals by YC and the Buyer and the enforceability of this Agreement, the Payment Undertaking and the Covenant Escrow Agreement as against YC and the Buyer and the non-conflict of this Agreement, the Payment Undertaking and the Covenant Escrow Agreement with respect to the constating documents of YC and the Buyer and any Applicable Laws.
(e) The Vendor Regulatory Approval shall have been granted, obtained and received unconditionally or on terms satisfactory to the Vendor, acting reasonably.
(f) No Order shall have been made and no Legal Proceeding shall have been commenced or shall be pending or threatened against the other Party or its affiliates or which enjoins, restricts or prohibits, or which asserts a claim or seeks a remedy that would have the effect of enjoining, restricting or prohibiting the completion of the Transaction. If any condition in this section has not been fulfilled on or before the Closing Date or if any such condition is or becomes impossible to satisfy, other than as a result of the failure of the Vendor to comply with its obligations under this Agreement, then the Vendor in its sole discretion may, without limiting any rights or remedies available to the Vendor at law or in equity, either terminate this Agreement by written notice to YC, in which case the provisions of sections 2.5(c)(iii), (iv) or (v) shall be applicable, or waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.
Overtime Meals When employees are required to work more than two (2) hours beyond their regular work days, the Employer will provide hot meals at no cost to the employees, up to a maximum of sixteen dollars ($16.00) (receipts to be submitted) plus paid meal periods of one-half (1/2) hour at the prevailing rate and thereafter at four (4) hour intervals. Any early morning start before regular starting time is entitled to a paid meal. The breakfast limit is thirteen dollars ($13.00) (receipts to be submitted). Employees called out on overtime shall be paid for meals as above, after four (4) hours work.
