Common use of Temporary Upgrading Clause in Contracts

Temporary Upgrading. (a) In the event that an employee is temporarily transferred to a higher classification than that to which the employee is regularly assigned, he or she shall be paid at the normal wage scale for such higher classification during the period of such transfer for not less than a full tour of duty. (b) Notwithstanding the provisions of (a) above, in the event that an employee temporarily relieves another employee or employees in a higher classification for a meal period or meal periods not in excess of two (2) hours in any one tour, the employee shall be paid at the normal wage scale for such higher classification during the period of such relief only. If the relief periods exceed two (2) hours, the employee shall be paid at the normal wage scale for such higher classification for not less than the entire tour of duty. In the case of relief for personal needs or rest periods, the employee shall receive his or her normal wage scale. In no event, however, is an employee to receive less than his or her regular wage scale if assigned temporarily to a lower classification than the employee's regular status. (c) Any employee who receives upgrades by virtue of this Agreement for at least one hundred thirty (130) days during the twelve (12) month period immediately preceding December 31 of each year shall receive, in addition to regular vacation pay, the upgrade for each day of vacation, paid sick leave, payback days and jury duty during the following calendar year. In no event shall any upgrades given for vacation, sick leave, payback days and jury duty in any year count toward the attainment of upgrades in any succeeding year. If an employee is upgraded to more than one (1) grade during the twelve (12) month period in which he or she earned the above payment, he or she will be paid for each day of vacation, paid sick leave, payback days and jury duty at the rate to which such employee was most frequently upgraded during the twelve (12) month period. (d) Any employee who receives upgrades by virtue of this Agreement for an average of at least two hundred (200) days during a period of three (3) consecutive calendar years, shall, beginning with the first pay period in February of the following year, be upgraded on a regular basis to the lowest grade among those grades used, in descending order, to reach the two hundred (200) day requirement (e.g. an employee upgraded 70 days to Group 6, 130 days to Group 5 and 20 days to Group 3 shall receive an upgrade to Group 5). In no event shall any upgrades given for vacation, sick leave, payback days and jury duty in any year count toward the attainment of such upgrades. Any employee so upgraded may be downgraded, at the Company's sole discretion, by virtue of a regular reassignment by the Company to a lower-graded position or for any other reason that is neither arbitrary nor capricious.

Temporary Upgrading. ‌ (a) In the event that an employee is temporarily transferred to a higher classification than that to which the employee is regularly assigned, he or she shall be paid at the normal wage scale for such higher classification during the period of such transfer for not less than a full tour of duty. (b) Notwithstanding the provisions of (a) above, in the event that an employee temporarily relieves another employee or employees in a higher classification for a meal period or meal periods not in excess of two (2) hours in any one tour, the employee shall be paid at the normal wage scale for such higher classification during the period of such relief only. If the relief periods exceed two (2) hours, the employee shall be paid at the normal wage scale for such higher classification for not less than the entire tour of duty. In the case of relief for personal needs or rest periods, the employee shall receive his or her normal wage scale. In no event, however, is an employee to receive less than his or her regular wage scale if assigned temporarily to a lower classification than the employee's regular status. (c) Any employee who receives upgrades by virtue of this Agreement for at least one hundred thirty (130) days during the twelve (12) month period immediately preceding December 31 of each year shall receive, in addition to regular vacation pay, the upgrade for each day of vacation, paid sick leave, payback days and jury duty during the following calendar year. In no event shall any upgrades given for vacation, sick leave, payback days and jury duty in any year count toward the attainment of upgrades in any succeeding year. If an employee is upgraded to more than one (1) grade during the twelve (12) month period in which he or she earned the above payment, he or she will be paid for each day of vacation, paid sick leave, payback days and jury duty at the rate to which such employee was most frequently upgraded during the twelve (12) month period. (d) Any employee who receives upgrades by virtue of this Agreement for an average of at least two hundred (200) days during a period of three (3) consecutive calendar years, shall, beginning with the first pay period in February of the following year, be upgraded on a regular basis to the lowest grade among those grades used, in descending order, to reach the two hundred (200) day requirement (e.g. an employee upgraded 70 days to Group 6, 130 days to Group 5 and 20 days to Group 3 shall receive an upgrade to Group 5). In no event shall any upgrades given for vacation, sick leave, payback days and jury duty in any year count toward the attainment of such upgrades. Any employee so upgraded may be downgraded, at the Company's sole discretion, by virtue of a regular reassignment by the Company to a lower-graded position or for any other reason that is neither arbitrary nor capricious.