Article 10 - Hours of Work and Overtime
- Schedule
- A regular scheduled work week for permanent, full- time, regular employees shall consist of forty (40) hours which shall consist of five (5) days of eight (8) hours per day or four (4) days of ten (10) hours per day. The four (4) or five (5) consecutive day work week will be continued in departments so scheduled and qualified senior (University seniority in the department) employees will be given preference for the Monday through Friday schedule as openings occur on such schedule. Permanent part-time employees are normally scheduled for less than 40 hours per week.
- The Union and the University may agree to provide for flexible scheduling arrangements for an employee or group of employees. The request to flex a schedule(s) may be initiated by the University, Union, and/or employees.
- With two weeks' notice, employee schedules may be changed for training. Schedule changes will not exceed ten days in a calendar year. This limit may be extended by mutual agreement.
- The University agrees not to change employee(s} work schedules solely for the purpose of avoiding payment of overtime. This language shall be applicable to all Bargaining Unit departments and segments.
- In the segment of Residential Dining Services, shifts will not vary more than two hours at the beginning of a shift or at the end of a shift. In the segment of Central Food Facility, Baker University Center Culinary Services, and Jefferson Marketplace, positions identified as varied may vary by days and by shift as operational need requires. Variance of shift will not occur without a seven (7) day notice and variance of days off will not occur without a seven (7) day notice.
- All Residential Dining Services will be scheduled in accordance with Article 14 .
- For purposes of computation of pay, the work week is Sunday through Saturday. Hours worked are recorded on the day the employee's shift begins and paid accordingly.
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Forty (40) hours is a standard work week. When an employee is required by an authorized official to work beyond forty (40) hours in any calendar week or beyond eight (8) hours in a day for five (5) day schedules or beyond ten (10) hours in a day for four (4) day schedules, the additional hours will be paid at the time and one-half rate. Hours worked are those in which an employee is in active pay status. An employee entitled to pay for overtime work may elect to take compensatory time off in lieu of cash payment. Compensatory time is accrued on the basis of 1-1/2 hours for each hour of overtime worked.
Employees may carry a compensatory time balance of no greater than 240 hours at any time within a fiscal year (July 1 to June 30).
Except as otherwise provided herein and in Article 41 , employees who work in positions scheduled for twelve (12) months in a calendar year may take up to 240 hours of compensatory time within a fiscal year with the approval of the immediate supervisor. The supervisor's decision is final and is not subject to the grievance procedure.
Compensatory time will not be denied for employees who are seasonally laid-off.
All requests for compensatory time must be submitted in writing and approved by the employee's immediate supervisor.
Bargaining Unit Employees covered by this Agreement and who maintain a compensatory "bank" or balance of twenty-four (24) hours may request and receive payout of any or all of their compensatory time above the "bank" of twenty-four (24) hours. Departments will only accept and process requests for compensatory time payout one time during each calendar year. All requests for the one-time payout must be received in writing on or before November 15th of each calendar year. Payment shall be made in the final pay period of November.
- All hours worked on a shift beginning on a day observed as a holiday will be paid at the time and one half rate.
- Employees who work a ten-hour day as part of their regular schedule and whose shift begins on a holiday will be paid at the time and one-half rate for all hours worked in addition to receiving eight (8) hours of holiday pay at the straight time rate of pay. If a holiday falls on a day a ten-hour employee is scheduled to begin a shift, but is not required to work, the employee will receive eight (8) hours of holiday pay at the straight time rate of pay. However, if the holiday falls on a day the employee is not scheduled to begin a shift, the employee will receive eight (8) hours of holiday pay at the straight time rate of pay. During a week which includes a holiday, employees will return to a five (5) day, eight (8) hour per day work schedule (with the exception of the Airport employees).
- In no case will payment be made for time not worked other than as specifically set forth in this Contract.
- Pay for Work Beyond Scheduled Shift:
- An employee called back to work after having left work shall receive a minimum of four (4) hours work unless the time is contiguous to their regular work shift.
- Employees who are on-call in accordance with Article 11(D) will be paid from the time they answer the pager call until their assigned task is completed, but in no case will the employee receive less than four (4) hours work.
- Employees who are scheduled in advance to work at a time not contiguous with their normal shift will receive a minimum of three (3) hours work.
- In no case will overtime pay be pyramided.
Article 11 - Equalization of Overtime
A. Regularly Scheduled Overtime
- The University will rotate regularly scheduled overtime opportunities among qualified employees in a segment or venue who normally perform the work that is being assigned for overtime and shall offer overtime as soon as it is aware of the need for overtime. Hours worked outside but contiguous to the normal work shift will be credited to the scheduled overtime roster. The roster will not be run for such hours if sufficient employees are on site to complete the job.
- The overtime roster will be utilized in all situations where Management knows of the overtime opportunity more than four (4) hours in advance.
- The University agrees to post and maintain overtime rosters in a place accessible to all employees, and to update the rosters after each overtime assignment. Said rosters shall be posted and will include a list of overtime hours worked and refused with overtime awarded to the employee within the segment or venue who, on the roster, has the fewest aggregate hours worked and refused. If an employee on a shift is offered overtime on another shift solely for the purpose of equalizing overtime, the "call in pay" provision does not apply with respect to this Article.
- An employee who is not available for overtime (on temporary assignment outside the segment/department, on temporary assignment outside the Bargaining Unit, or on leave for more than two (2) weeks) will be charged on the overtime equalization list as if the employee was asked but refused overtime. However, if the employee is on temporary assignment outside the segment/department or on leave for less than two weeks, the employee will not be charged on the overtime equalization list unless the employee was contacted and refused the overtime. In such cases, the University is not obligated to make an offer of overtime.
- An employee who is offered but refuses an overtime assignment shall be credited as if the employee had worked the overtime for purposes of equalization. (Employee must accept or reject an overtime assignment within 15 minutes of the offer). If an employee is unreachable at the phone number on file with their segment and/or venue, they will be skipped and the opportunity will be offered to the next person on the roster. In the event the employee is unreachable, they will not be credited with working the overtime, nor will they be considered to have been missed for the purposes of this article. If it is determined that an employee was entitled to an overtime opportunity and was missed, it will be the obligation of the University to pay the missed overtime to the employee. If an employee refuses an overtime assignment and subsequently is required to work the assignment, the employee will only be charged with the hours worked and not for the initial refusal. Employees on any type of leave will not be contacted for overtime.
- All employees will be immediately credited with overtime hours equal to the employee in the segment or venue with the most aggregate hours, when placing their name on the overtime roster upon arrival to the segment or venue. Employees remaining on the roster retain their own aggregate hours.
B. Emergency Overtime
The above provisions of this Article apply only to regularly scheduled overtime. The following provisions apply only to emergency overtime:
- Each segment or venue shall maintain an emergency overtime roster, to be used in cases when it is necessary to assign employees to overtime on an emergency basis.
- "Emergency Overtime" shall be defined as overtime that becomes available without advance notice to the University and occurs outside, but not contiguous to the normal work shift of affected employees.
- Once the original rotation of the roster has occurred, employees shall be called in for emergency overtime by continuing to rotate overtime opportunities to qualified volunteers on the rotation list.
- Employees who refuse or are not available for emergency overtime (i.e., not present or unable to be reached by telephone) shall be charged with overtime as if they worked the overtime. Employees who do not affirm or deny the overtime offer, due to unavailability, must contact the supervisor authorizing the overtime prior to reporting to work the overtime.
- If it is determined that an employee has not been given an emergency overtime opportunity, the employee shall be offered the next emergency overtime opportunity. If the employee is missed on the next opportunity, the employee will be paid as if they had worked that opportunity.
- The emergency overtime roster shall be kept separate from the regularly scheduled overtime roster.
- All employees will be immediately credited with overtime opportunities equal to the employee in the segment or venue with the most aggregate opportunities, when placing their name on the overtime roster. Employees remaining on the roster retain their own aggregate opportunities.
C. Scheduled and Emergency Overtime.
The following procedures apply to both regularly scheduled and emergency overtime:
- All rosters will be kept in ink and the roster will be posted for all employees.
- Normally, overtime assignments will be made in the segment or venue of the department first to qualified volunteers who sign the rosters. If qualified volunteers are not available in the required numbers, then overtime assignments will be made to qualified employees following the "juniority" principle (i.e., to the least senior qualified employees), using University seniority.
- New hire probationary employees and part-time employees shall be excluded from overtime except when the roster is exhausted.
- Employees may voluntarily remove their names from either overtime roster by notifying their supervisors with a two week written notice.
- If an employee is on temporary assignment from another department or on a temporary assignment outside the Bargaining Unit, the employee may be offered regularly scheduled or emergency overtime only if qualified and the respective roster has been exhausted.
- The Union President appointed in accordance with Article 23 is prohibited from overtime opportunities during the term of his appointment as President. The President's name shall be removed from overtime rosters during their term.
- Overtime earned by employees as a result of a holiday falling during their regularly scheduled work week shall not be charged against them on the overtime roster.
- When a scheduled or emergency overtime opportunity is available to all employees in a department, segment of a department, or venue, overtime rosters are not used. Notice of overtime opportunities shall be posted at the time clocks of all employee groups eligible for the opportunity.
- If the parties choose to use one roster in a department or a segment of the department, then the rules for the scheduled overtime roster will apply to the consolidated roster.
- Employees may be removed from the emergency and extraordinary events overtime rosters if the employee refuses overtime three times within a calendar year. Employees who are removed from the rosters will not be eligible for such overtime until a new roster is posted. Employees who are on temporary assignment outside the segment/department, on temporary assignment outside the Bargaining Unit, or on leave for more than two weeks, are exempt from this provision.
- For Culinary Services emergency and scheduled overtime, rosters will be maintained by dining hall/venue/segment.
D. In place of Sections A, B, and C
In place of Sections A, B, and C of this article Facilities Management will administer emergency overtime in accordance with the following provisions:
- Employees assigned to be on-call will receive $150 (subject to legal deductions) for each week they are on-call.
- On-call employees will remain duty-ready, within pager range, and able to report to campus within 45 minutes during all off-shift hours.
- AH pagers will rotate Monday mornings at 7:00 A.M., except holidays covered by this Contract, in which case the pager will rotate on Tuesday morning.
- Employees will be given a pager.
- A roster of volunteers for on-call duty will be posted. Employees may request to be added to the schedule. With one-week notice, employees may request to be removed from the schedule for compelling reasons.
- Employees may trade assigned weeks with the approval of the department supervisor.
- Employees serving less than seven days on-call will receive $20.00 per day for each day served Monday through Friday and $25.50 per day for each Saturday, Sunday, or holiday (see Article 37 ) served.
- Current employees within a department or segment, which has an established on-call program, are eligible and qualified to volunteer for on-call duty after serving 120 days in the department. Venues requiring pagers shall have a minimum of two (2) employees carrying pagers, assigned first to volunteers, then assigned by juniority. Venues can have more than two (2) employees carrying the pagers if there are volunteers.
- Segment/venue supervisors retain the right to determine the best way to cover if an on-call employee is unable to continue on-call at some point during their assigned time
- If additional employees are needed beyond the on- call employee, the on-call employee will call the Tech Support Manager.
E. Definitions
Definitions of department/segment/venue can be found in Article 19 .
F. Overtime Equalization Provisions of Article 11 Exceptions
All overtime equalization provisions of Article 11 will apply to Residential Custodial Services and Culinary Services with the following exception:
- The department or segment/venue of the department will rotate scheduled and emergency overtime opportunities among qualified employees in the segment/venue who normally perform the work that is being assigned for overtime. It is understood that scheduled and emergency overtime hours will be maintained on the same roster.
- The segments/venues of the department agree to post and maintain the overtime rosters in a place accessible to department employees.
G. Heating Plant Staff Assignments and Overtime Procedures
- For purposes of this subsection, work week shall be defined as 6:00 A.M. on Sunday to 5:59 A.M. Sunday.
- Supervisors shall make their best efforts to have schedule changes for each work week available and distributed by 10:00 A.M. on Thursday of the preceding scheduled work week. It is the sole responsibility of all Relief Workers to review the schedule for their assigned shift. If a Relief Worker is not present on Thursday when the schedules changes are distributed, it is their sole responsibility to contact the Department to obtain the details of the schedule. A copy of the schedule will be posted at the Engineer's desk or Control Room.
- Department shall utilize the relief crew to provide coverage for leave of operators and engineers. A "Relief Coverage Log" will be used to assign shifts to employees with the least number of assigned shifts. Each time a Relief Worker is assigned a shift, the date will be recorded on the "Relief Coverage Log". Employees working an adjacent shift will be skipped until the next opportunity.
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When submitting a time off request, Employees shall include the times of day at the beginning and end of the time request indicating when the employee is available for the relief assignment. This additional information will inform the Supervisor to not schedule the employee for shift relief while they are on time off. Failure to inform the Supervisor of availability may subject the employee to being assigned shift relief.
All time off requests must be submitted prior to the Thursday distribution of scheduled changes. All unforeseen requests for leave ("call-ins") using sick, personal, or emergency vacation only, two hours prior to the shift starting time, shall activate the overtime roster for the scheduled work week.
- Special circumstances for the two (2) days Relief and three (3) days Operator/Engineer position. This position will only be assigned two (2) relief shifts for every five (5) relief shifts assigned to the full-time relief workers.
- Special circumstances for Holidays: the overtime roster will be utilized to assign coverage for Holidays and adjacent weekends. Adjacent weekends shall be defined as beginning on 6:00 A.M. on Monday. Holidays shall also be defined as the twenty-four (24) hour period starting at 6:00 A.M. on the observed holiday.
E. Lausche Heating Plant Shift Assignment Procedures
- This sub-section applies to Relief Maintenance employees of the Lausche Heating Plant and shall detail procedures to provide coverage for all forms of personal time off, relief assignments, and long-term assignments.
- Extended Coverage
- The Relief Crew shall be utilized to provide backfill coverage when positions are vacated by medical or other forms of extended leave.
- Assignments will be assigned on a rotating basis and will be tracked on a log to ensure best attempts of equal number of assignments. The date recorded on the log shall indicate the beginning date of the week assigned coverage.
- Special circumstances for the two (2) days Relief and three (3) days Operator/Engineer position. This position will only be re-assigned to cover the two (2) maintenance days. The remaining three (3) days will be covered utilizing the standard "Relief Coverage" process.
- Penalty for Refusal
- Relief employees will not be penalized for refusing work due to vacation, illness, injury, or any leave under Article 34 .
- Employees shall be provided four (4) opportunities to refuse work ("free refusals") per calendar year. Employees who have utilized their four (4) "free refusals", and if the refusal is not due to vacation, illness, injury, or any leave under Article 34 , then the Relief Employee will be charged with one day of vacation time for each additional refusal.
- Employees who accept a shift assignment, and later calls off from the assignment, will be considered a refusal.
- The Engineer in charge may be requested to run an overtime roster.