Sharing of Overtime Overtime work shall be allocated equitably to qualified employees considering their availability and location.
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.
Distribution of Overtime Overtime shall be distributed as equally as feasible among qualified employees customarily performing the kind of work required, and currently assigned to the work unit in which the overtime is to be worked. When the assignment of overtime work causes an unusual burden upon the employee, the employee shall not be required to work overtime unless the absence would cause the Agency to be unable to meet its responsibilities.
Payment of Overtime For the purposes of calculating overtime payments, each day or shift will stand-alone.
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.
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.
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.
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.
General Allocations The items of Profit and Loss of the Partnership for each fiscal year or other applicable period, other than any items allocated under Section 5.1(a), shall be allocated among the Partners in a manner that will, as nearly as possible (after giving effect to the allocations under Section 5.1(a), 5.1(c), 5.1(f), 5.1(g) and 5.2(c)) cause the Capital Account balance of each Partner at the end of such fiscal year or other applicable period to equal (i) the amount of the hypothetical distribution that such Partner would receive if the Partnership were liquidated on the last day of such period and all assets of the Partnership, including cash, were sold for cash equal to their Carrying Values, taking into account any adjustments thereto for such period, all liabilities of the Partnership were satisfied in full in cash according to their terms (limited with respect to each nonrecourse liability to the Carrying Value of the assets securing such liability) and the remaining cash proceeds (after satisfaction of such liabilities) were distributed in full pursuant to Section 5.2, minus (ii) the sum of such Partner’s share of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain and the amount, if any and without duplication, that the Partner would be obligated to contribute to the capital of the Partnership, all computed as of the date of the hypothetical sale of assets. Notwithstanding the foregoing, the General Partner may make such allocations as it deems reasonably necessary to give economic effect to the provisions of this Agreement, taking into account facts and circumstances as the General Partner deems reasonably necessary for this purpose.
Allocation of Tax Items To the extent permitted by section 1.704-1(b)(4)(i) of the Treasury Regulations, all items of income, gain, loss and deduction for federal and state income tax purposes shall be allocated to the Members in accordance with the corresponding "book" items thereof; however, all items of income, gain, loss and deduction with respect to Assets with respect to which there is a difference between "book" value and adjusted tax basis shall be allocated in accordance with the principles of section 704(c) of the IRS Code and section 1.704-1(b)(4)(i) of the Treasury Regulations, if applicable. Where a disparity exists between the book value of an Asset and its adjusted tax basis, then solely for tax purposes (and not for purposes of computing Capital Accounts), income, gain, loss, deduction and credit with respect to such Asset shall be allocated among the Members to take such difference into account in accordance with section 704(c)(i)(A) of the IRS Code and Treasury Regulation section 1.704-1(b)(4)(i). The allocations eliminating such disparities shall be made using any reasonable method permitted by the Code, as determined by the Manager.
