Common use of Shift Scheduling Standards and Premiums for Noncompliance Clause in Contracts

Shift Scheduling Standards and Premiums for Noncompliance. (a) Except in cases of emergency or by mutual agreement between the Employer and the employee, shift schedules shall provide for: (i) at least two (2) of the scheduled days off to be consecutive in each two (2) week period; (ii) where possible, one (1) weekend off in each two (2) week period but, in any event, two (2) weekends off in each five (5) week period; (iii) at least fifteen and one-half (15 1/2) hours off duty between the end of one shift and the commencement of the next shift; (iv) not more than seven (7) consecutive scheduled days of work. (b) Where the Employer is unable to provide the provisions of Article 11.02(a)(i), (ii), or (iii), and an emergency has not occurred, nor has it been mutually agreed otherwise, the following conditions shall apply: (i) failure to provide days off in accordance with Article 11.02 (a) (i) shall result in the payment to each affected employee of two times (2X) their basic rate of pay for one (1) regular shift worked during the two (2) week period; (ii) failure to provide both of the required two (2) weekends off duty in accordance with Article 11.02(a)(ii) shall result in payment to each affected employee of two times (2X) their basic rate of pay for each of four (4) regular shifts worked during the five (5) week period; (iii) failure to provide one (1) of the required two (2) weekends off duty in accordance with Article 11.02(a)(ii) shall result in payment to each affected employee of two times (2X) their basic rate of pay for each of two (2) regular shifts worked during the five (5) week period; (iv) failure to provide fifteen and one-half (15 1/2) hours off duty in accordance with Article 11.02(a)(iii) shall result in payment of two times (2X) the basic rate of pay for all hours worked on that next shift. (c) For the purpose of this provision, “weekend” shall mean a consecutive Saturday and Sunday assuring a minimum of fifty-six (56) hours off duty. (d) An employee required to rotate shifts shall be assigned day duty approximately one-third (1/3) of the time unless mutually agreed to by the Employer and employee provided that, in the event of an emergency or where unusual circumstances exist, the employee may be assigned to such shift as deemed necessary by the Employer. For the purpose of applying this provision: (i) scheduled days off shall not be considered as day duty; and (ii) time off on vacation shall only be considered as day duty if day duty would have been worked by the employee according to the shift schedule save and except for the vacation.

Shift Scheduling Standards and Premiums for Noncompliance. (a) Except in cases of emergency or by mutual agreement between the Employer and the employee, shift schedules shall provide for: (i) at least two (2) of the scheduled days off to be consecutive in each two (2) week period; (ii) where possible, possible one (1) weekend off in each two (2) week period but, in any event, event two (2) weekends off in each five (5) week period; (iiiii) at least fifteen and one-half (15 1/2) hours off duty between the end of one (1) shift and the commencement of the next shift; (iviii) not more than seven (7) consecutive scheduled days of work. (b) Where the Employer is unable to provide for the provisions of Article 11.02(a)(i), ) or (ii), or (iii), and an emergency has not occurred, nor has it been mutually agreed otherwise, the following conditions shall apply: (i) failure to provide days off in accordance with Article 11.02 (a) (i) shall result in the payment to each affected employee of two times (2X) their basic rate of pay for one (1) regular shift worked during the two (2) week period; (ii) failure to provide both of the required two (2) weekends off duty in accordance with Article 11.02(a)(ii11.02 (a) (i), shall result in payment to each affected employee of two times (2X) their basic rate of pay for each of four (4) regular shifts worked during the five (5) week period;. (iiiii) failure to provide one (1) of the required two (2) weekends off duty in accordance with Article 11.02(a)(ii11.02 (a) (i), shall result in payment to each affected employee of two times (2X) their basic rate of pay for each of two (2) regular shifts worked during the five (5) week period; (iviii) failure to provide fifteen and one-half (15 1/2) hours off duty in accordance with Article 11.02(a)(iiibetween the end of one (1) shift and the commencement of the next shift shall result in payment of two times (2X) the basic rate of pay for all hours worked on that next scheduled shift. (c) For the purpose of this provision, “weekend” shall mean a consecutive Saturday and Sunday assuring a minimum of fifty-fifty six (56) hours off duty. (d) An employee required to rotate shifts shall be assigned day duty approximately one-third (1/3) of the time unless mutually agreed to by the Employer and employee provided that, in the event of an emergency or where unusual circumstances exist, the employee may be assigned to such shift as deemed necessary by the Employer. For the purpose of applying this provision: (i) scheduled days off shall not be considered as day duty; and (ii) time off on vacation shall only be considered as day duty if day duty would have been worked by the employee according to the shift schedule save and except for the vacation.