Common use of Shift Trades Clause in Contracts

Shift Trades. Individual trades of full or partial shifts may be made under the provisions of the Fair Labor Standards Act. (A) Trades must be approved by a supervisor. (B) The hours worked shall be excluded in the calculation of the hours for which the substituting employee would otherwise be entitled to overtime compensation. Where one employee substitutes for another, each employee will be credited as if they had worked their normal work schedule for that shift. Notwithstanding the provisions of ORS 653.268, it is agreed that at no time shall any hours worked under a trade agreement be paid at the overtime rate. Lunches and breaks earned in conjunction with a shift trade can be combined as allowed under Article 6.4, and to remain FLSA compliant. (C) The City is not required to keep a record of the hours of the substitute work. However, the City may develop and require the use of pay codes to facilitate its knowledge of when an employee has substituted or is being substituted and when an employee did not report to work for what was an approved substitution shift. (D) Trades are not subject to formal record keeping by the Bureau. Records of trade time worked and owed are the responsibility of the employees involved in the trade. The City is not responsible, nor can it be held liable, for disputes between employees over time owed as a result of trades. The City cannot be held responsible for the balancing of trade accounts. (E) Employees are responsible for ensuring that their assigned shifts are covered. (F) If the employee who has agreed to work for another in trade does not report to work, the employee originally assigned the shift will be credited as if they had worked their normal work schedule for that shift. The employee who did not report to work as part of an approved substitution agreement shall have the equivalent amount of time removed from their annual leave accrual, and if none, from future annual leave accrual until the deficit is erased. (G) Failure to work a trade twice in six months shall result in termination of all trade privileges for the subsequent six months. Failure to fulfill a trade may also result in the termination of trade privileges and/or disciplinary action.

Shift Trades. Individual trades of full or partial shifts may be made under the provisions of the Fair Labor Standards Act. (A) Trades must be approved by a supervisor. (B) The hours worked shall be excluded in the calculation of the hours for which the substituting employee would otherwise be entitled to overtime compensation. Where one employee substitutes for another, each employee will be credited as if they had worked their normal work schedule for that shift. Notwithstanding the provisions of ORS 653.268, it is agreed that at no time shall any hours worked under a trade agreement be paid at the overtime rate. Lunches and breaks earned in conjunction with a shift trade can be combined as allowed under Article 6.4, and to remain FLSA compliant. (C) The City is not required to keep a record of the hours of the substitute work. However, the City may develop and require the use of pay codes to facilitate its knowledge of when an employee has substituted or is being substituted and when an employee did not report to work for what was an approved substitution shift. (D) Trades are not subject to formal record keeping by the Bureau. Records of trade time worked and owed are the responsibility of the employees involved in the trade. The City is not responsible, nor can it be held liable, for disputes between employees over time owed as a result of trades. The City cannot be held responsible for the balancing of trade accounts. (E) Employees are responsible for ensuring that their assigned shifts are covered. (F) If the employee who has agreed to work for another in trade does not report to work, the employee originally assigned the shift will be credited as if they had worked their normal work schedule for that shift. The employee who did not report to work as part of an approved substitution agreement shall have the equivalent amount of time removed from their annual leave accrual, and if none, from future annual leave accrual until the deficit is erased. (G) Failure to work a trade twice in six months shall result in termination of all trade privileges for the subsequent six months. Failure to fulfill a trade may also result in the termination of trade privileges and/or disciplinary action.

Shift Trades. Individual Section 18.1. Trading Shifts. Bargaining unit employees will be granted the opportunity to trade. Shift trades are a privilege, designed to allow employees time off when other means are unavailable. Request-for Leave forms must be used for all trades. Trades of full or partial shifts may be made under the provisions of the Fair Labor Standards Act. more than four (A4) Trades hours must be approved by a supervisor. the Fire Chief. Trades of four (B4) The hours worked shall or less must be excluded in approved by the calculation shift commanders of the hours for which shifts affected by the substituting trades. Trades will not be approved if the employees’ shift is above optimal staffing and the initiating employee would otherwise be entitled can take leave. Any employee that fails to overtime compensation. Where one employee substitutes for another, each employee will be credited as if they had worked their normal work schedule for that shift. Notwithstanding the provisions of ORS 653.268, it is agreed that at no time shall any hours worked under a trade agreement be paid at the overtime rate. Lunches and breaks earned in conjunction with a shift trade can be combined as allowed under Article 6.4, and to remain FLSA compliant. (C) The City is not required to keep a record of the hours of the substitute work. However, the City may develop and require the use of pay codes to facilitate its knowledge of when an employee has substituted or is being substituted and when an employee did not report to work or fails to provide qualified relief for what was his absence on a trade will be charged twenty-four (24) hours of Holiday Leave. Trade on a trade will only be permitted to cover an approved substitution shift. (D) Trades are not subject to formal record keeping by the Bureau. Records illness/injury or deployment that prohibits an employee from reporting for their portion of trade time worked and owed are the responsibility of the employees involved in the trade. The City Said employee is responsible to secure the proper coverage for their absence. Normally, the trade policies and procedures will not responsiblebe applicable to employees on approved funeral leave, nor can it be held liablemedical administrative leave, for disputes between employees over time owed as a result of tradesor workers compensation leave. The City cannot be held responsible for bargaining unit member agreeing to work a trade: a. assumes full responsibility to work the balancing of trade accounts. (E) Employees are responsible for ensuring that their assigned shifts are covered. (F) If the employee who hours he has agreed to work, is required to find another qualified employee to work on his behalf if for another any reason other than illness or injury he becomes unable to work. b. is required to follow sick leave policy if he is unable to work because of an unexpected medical problem, illness or injury The bargaining unit member requesting the trade: a. must submit a properly executed request-for-leave form in a timely manner prior to the trade date which has been signed by his shift commander and the employee agreeing to work the trade. b. must repay the trade within the calendar year. c. must assure the trade does not conflict with the maximum consecutive work shift policy, or any provisions of the labor agreement. d. must report to for work, or obtain other coverage, for his normal shift if the employee originally assigned the shift will be credited as if they had worked their normal work schedule for that shift. The employee who did not report previously agreed to work as part becomes unable to work because of an approved substitution agreement shall have the equivalent amount paid or unpaid leave or termination of time removed from their annual leave accrual, and if none, from future annual leave accrual until the deficit is erasedemployment. e. if an EDO trade, must be made within the same twenty-eight (G28) Failure to day work a trade twice cycle. f. must not be submitted more than sixty (60) days in six months shall result in termination advance of all trade privileges for the subsequent six months. Failure to fulfill a trade may also result in the termination of trade privileges and/or disciplinary actiondate requested.

Shift Trades. Individual Employees covered by this Agreement may engage in up to twenty-four (24) shift trades of full or partial shifts in 2019. Starting in 2020, employees covered by this Agreement may be made under the provisions of the Fair Labor Standards Act. engage in up to eighteen (A18) Trades must be approved by a supervisor. (B) The shift trades per calendar year. With supervisor approval, probationary employees are also eligible for shift trades. Shift trade hours worked shall be excluded in the calculation of the not constitute hours for which calculating overtime and will not cause any extra cost to the substituting employee would otherwise be entitled to overtime compensationEmployer. Where one employee substitutes for another, each employee A shift trade will be credited considered to count towards the per year maximum as if they had worked their normal work schedule for that shift. Notwithstanding the provisions described above regardless of ORS 653.268, it is agreed that at no time shall any how many hours worked under a trade agreement be paid at the overtime rate. Lunches and breaks earned in conjunction with a shift trade can be combined as allowed under Article 6.4, and to remain FLSA compliant. (C) The City is not required to keep a record of the hours of the substitute work. However, the City may develop and require the use of pay codes to facilitate its knowledge of when an employee has substituted or is being substituted and when an employee did not report to work for what was an approved substitution shift. (D) Trades are not subject to formal record keeping by the Bureau. Records of trade time worked and owed are the responsibility of the employees involved in the trade (i.e., a trade of a partial shift will count as one full trade, just as a trade of a full shift will also count as one full trade). The City is A shift trade may not responsible, nor can it cause an employee to work more than seven (7) consecutive days. Shift trades may only be held liable, used for disputes between employees over time owed a maximum of seven (7) consecutive days. Employees may not work more than twelve (12)-consecutive hours as a result of tradesa shift trade. Shift trades will not be requested more than sixty (60) days in advance. The City cannot be held responsible for the balancing of trade accounts. (E) Employees are employee is responsible for ensuring that their assigned shifts all shift trades are covered. repaid within six (F6) If months. All shift trades must be submitted by the employee who has agreed and approved by the supervisor in applicable scheduling software and shall not interfere with business operations. Qualifications to perform the work will be considered in approving the request. The supervisor must be notified if both employees agree to cancel the trade. If an employee calls in sick when they are scheduled to work for another in trade does not report to worka trade, the employee originally assigned the shift it will be credited come out of their sick leave and count as if they had worked their normal work schedule for that shiftan occurrence. The If an employee who did not report to work as part of an approved substitution agreement shall have the equivalent amount of time removed from their annual leave accrual, and if none, from future annual leave accrual until the deficit is erased. (G) Failure scheduled to work a trade twice fails to work for any reason other than calling in six months shall result in termination of all trade privileges for sick, the subsequent six monthsemployee will be charged from their vacation bank. Failure If the substituting employee fails to fulfill work the shift, the employee who requested the shift trade, if at work, must remain at work and work the shift. If an employee is scheduled to work a trade and there is enough staffing, the employee can use their own vacation time. Exchanging short days outside of the current pay period is also considered a shift trade and will count towards the eighteen (18) shift trades per year maximum described above. A short day exchange within a current pay period will not be counted as a shift trade. A certified training officer (CTO) may not trade shifts, if at the time of the trade request, it appears as if the requested trade will cause the CTO to miss a shift during a period of time when the CTO is actively training another employee, unless the requested shift trade is with another CTO, in which case the trade will be allowed if it otherwise fulfills the pre-requisites as set forth in this section. A lead dispatcher may trade shifts as long as the person they are trading with is another lead dispatcher, qualified to work as a temporary upgrade, or there is a person already scheduled who is qualified to work as a temporary upgrade. It is understood that if the trade is with someone who is qualified to work as a temporary upgrade they will not be compensated. If someone is assigned to be in a temporary upgrade, they will be compensated as defined in Section 11.02. Exchange of scheduled hours worked on the same day shall constitute a shift swap. An employee scheduled on day shift can swap shifts with an employee scheduled on graveyards if that swap occurs on the same day, and vice versa. Shift swaps will not be considered a shift trade. Shift swaps will only occur if supervisors on both shifts approve the request. It is understood that all applicable state and federal wage and hour laws will be complied with, and under no circumstances shall the continuation of shift trades obligate the City to pay overtime due to shift trades. It is also result understood that if at any time in the termination future a relevant state or federal agency issues a definitive ruling to the effect that any aspect of the shift trade privileges practice is in violation of such state and/or disciplinary actionfederal wage and hour laws, the City and the Guild will reopen this section for further bargaining.