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
WORKING HOURS AND OVERTIME 8.1 The normal working day shall be 8 consecutive hours exclusive of meal period. The normal work week shall be 40 hours.
8.1.1 The Company may, where required, institute 10-hour (exclusive of meal period)/4 day per week driver positions in accordance with Article 5.2.
8.2 Warehousepersons B shall be paid a minimum of 3 hours’ pay at the straight time rate, and if required to perform work beyond 3 hours shall be paid on the minute basis for work in excess of 3 hours. Such work will be offered in order of length of Company service.
8.3 The normal work week shall be Monday to Friday with rest days Sunday and Saturday; however, due to the operational requirements of the Company, a departure to rest days of Sunday and Monday or two consecutive days during the week may, to meet operational necessity, be instituted. Possible use of rest days other than Saturday, Sunday or Monday, where these may be required under this Agreement, to be explored by the parties.
8.4 All hours worked in excess of 8 hours in any one day, or 40 hours in any one week, shall be paid at one and one-half times the hourly rate of pay. This does not apply to positions as outlined in Article 8.1.1.
8.4.1 All hours worked in excess of 10 hours in any one day, or 40 hours in any one week, as specified in Article 8.1.1 shall be paid at one and one-half times the hourly rate of pay.
8.5 Employees, if required to work on regularly assigned rest days, shall be paid at the rate of time and one-half time on the actual minute basis with a minimum payment of 4 hours at the pro rata hourly rate.
8.6 Where work is required by the Company to be performed on a day which is not part of any assignment, it may be performed by an available extra or unassigned employee who will otherwise not have 40 hours of work that week. Overtime shall be allocated on the basis of seniority wherever possible, in a voluntary manner, within the work classification and shifts, provided the employee is capable of performing the duties; however, upon reaching the bottom of the seniority list in that classification and shift, the junior employee(s) will be required, in reverse order, to work the overtime.
8.7 Excluding Linehaul operations, employees shall not be required to take more than 60 minutes for a meal period and, if practical, 30-minute meal period will be utilized. Lunch hour for employees holding City Tractor or Driver Representative positions will commence between the end of the third hour of the shift and the end of the sixth hour of the shift. This clause only applies to employees holding bulletin positions.
8.8 All employees working in excess of three (3) hours will receive a fifteen (15) minute paid coffee break. A fifteen (15) minute coffee break without loss of pay will commence after approximately two hours of work, or at or about the mid-point of the first half after an employee reports for duty. A second fifteen (15) minute paid coffee break shall be after six hours of work where the tour of duty is in excess of six hours. There will be a third paid15 minute break if 3 hours of overtime are completed. This break is to be taken after the second hour of overtime has been completed. These breaks shall not be cumulative.
8.9 Employees shall be allowed to elect to bank overtime in lieu of pay to maximum of 40 hours at the rate of one and one-half hours banked for every one hour worked. Overtime worked will automatically be used to replenish the bank to the maximum of 40 hours during the course of the year. Any balance of banked overtime unused will be carried over to the next year unless the employee gives notice to withdraw from the program or requests to be paid out any unused portion as indicated in 8.9.1.
8.9.1 A request to bank overtime must be made in writing and received by the Company by March 7th of the year. Banked overtime will continue unless the Company is notified by the employee he wishes to opt out of the program. Upon written request to the Company by March 7th of each year an employee shall be entitled to be paid for all unused banked hours accumulated for the previous year. The Company will issue payment by March 31st. Banked overtime accumulation will be discontinued effective the first pay period in November until the last pay period in December inclusive each year. During this period employees will be able to withdraw banked overtime already accumulated, however all overtime worked in this period will be paid as part of the regular pay process. Banked overtime shall be secondary to annual vacations. The Company officer in charge or their designate must approve all requests, in writing, for leave to be drawn on banked time. An employee will make their request in writing 7 working days prior to the requested time off. Laid off employees will be allowed to withdraw banked time on days when no work is made available to them.
8.9.2 An employee off duty due to bona fide illness who is not claiming Short Term Disability Benefits payments will be permitted to use accumulated Banked Overtime as of the second day of their absence.
8.9.3 An employee off duty due to bone fide illness who is eligible to receive Short Term Disability benefit payments will be permitted to use accumulated Banked Overtime to offset the three- day waiting period required by the STD plan.
8.9.4 When a request to use Banked Overtime is granted, it will not be withdrawn after approval unless otherwise agreed by the employee and the supervisor.
8.9.5 Banked Overtime may be used in the event of a shortage of work occurs and the Company asks for volunteers to take a day off. Should the employee wish to use an annual vacation day or Banked Overtime Day to compensate for the days lost earnings, their request will not be denied.
Assignment of Overtime Work (a) Subject to the operational requirements, the Employer shall make every reasonable effort to avoid excessive overtime and to offer overtime work on an equitable basis among readily available qualified employees.
(b) Except in cases of emergency, call-back, or mutual agreement with the employee, the Employer shall, wherever possible, give at least four (4) hours’ notice of any requirement for overtime work.
Payment for Working Overtime (a) For all work done outside ordinary hours, the rates of pay will be time and a half for the first two hours and double time thereafter.
(b) Except as provided in clause 8.4, in computing overtime each day’s work will stand alone.
(c) To avoid doubt, overtime provisions for shift workers are contained in clause 10.7.
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.
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.
Service Core Allowance The company shall pay $0.95 per hour for all work carried out in construction of service core. This allowance will be adjusted annually (effective from 1 June) in accordance with CPI movements (All Groups, Melbourne) for the preceding 12 months to March (increases to be rounded to the nearest 5 cents).
Banked Overtime (a) Compensating time off shall not be given in lieu of overtime pay unless the employee so chooses. Employees who wish to bank overtime must confirm same in writing to the Company between March 1st and March 15th and again between September 1st and September 15th of each calendar year. Employees shall be entitled to cancel their decision to bank overtime at any time. In such cases, the employee shall provide the Company with a written notice confirming same, and shall not be eligible to resume banking overtime until the following March 1st or September 1st, as the case may be.
(b) Accumulated banked overtime hours shall be shown on the employee's weekly pay stub until implementation of the Workbrain System, at which point such information will be available for review through that System.
(c) Banked overtime shall accumulate at the rate of one and one-half (1½) or two (2) hours of paid time off, as the case may be, for each hour of overtime worked. Employees shall only bank overtime exceeding one (1) hour. If overtime worked does not exceed one hour, such overtime shall be paid out.
(d) Employees shall have the option of cashing in all or any portion of said banked overtime at any time he or she chooses. Banked overtime that is subsequently cashed in by an employee shall be paid to the employee at the regular hourly rate of pay said employee was being paid at that time. All banked overtime must be used or cashed in by the end of the calendar year in which it was earned, unless otherwise mutually agreed to between the employee concerned and the Company. Separate cheques will not be issued for banked overtime but, when paid out, the banked overtime amount will be itemized separately on the employee’s pay record.
(e) Subject to the following paragraph, each employee shall decide when his or her compensating time off is to be taken except that no such time off can be taken on the working day immediately preceding and following a general holiday without the prior approval of the Company. Compensating time off shall be granted to employees on a first come first served basis. Seniority shall only apply and be the governing factor in situations where on the same day, too many employees put in a request to take compensating time off at the same time. A maximum of four (4) employees per day shall be entitled to use their banked overtime. These amounts may be increased from time to time at the discretion of the Company.
(f) All banked time off requests must be submitted by the Monday of the week preceding the requested time off. The minimum amount of such time off that can be taken at any one time shall be four (4) hours. The Employer agrees to respond to the employee’s request within twenty-four (24) hours. Should no response be given by the Employer, then permission for the time off will be deemed to have been granted
(g) For the purpose of using banked overtime for regularly scheduled days off (excluding shut downs), each employee shall have the ability to use a maximum of forty (40) hours while working eight (8) hour shifts and forty-eight (48) hours while working continental shifts per calendar year. All other overtime banked shall be paid out to employees upon request. Should an employee want to take off more than the maximum hours off noted above per calendar year, a written request will be submitted to the Company for consideration and will be approved at the Company’s discretion.
(h) No requests for time banked time off for regularly scheduled days off, between April 15th – December 31st of each year will be approved until after the vacation planner has been finalized for the year. Once the planner has been finalized all requests will be granted on a first come first serve basis.
(i) No employees will have the ability to request regularly scheduled days off (excluding shut downs) during the prime time vacation period for the use of banked overtime.
(j) All employees hired after April 15, 2015 will not be eligible to bank overtime.
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
Payment for Working Overtime on a Holiday Where an employee is required to work authorized overtime in excess of his regularly scheduled hours on a paid holiday, such employee shall receive twice (2x) his regular straight time hourly rate for such authorized overtime.
