ARTICLE 9

ARTICLE 9

HOURS OF WORK AND OVERTIME

Section 9.1 - Purpose

This Article is intended to define the work week, establish schedules and serve as the basis for the calculation of overtime. It shall not be construed as a guarantee of work or hours for any day or week except as expressly provided herein. Under no circumstances shall hours be changed solely to avoid the payment of overtime.

Section 9.2 - Definition of The Work Week

Section 9.2.1 - Non-Salaried Employees

For all non-salaried employees the normal work week shall consist of five (5) consecutive eight (8) hour days, with an additional one-half hour unpaid lunch period to be scheduled by the Employer midway through the day, Monday through Friday, and two consecutive days off. Upon execution of this Agreement, such employees shall maintain existing schedules in accordance with current practice, except as to starting times under Section 9.3.1 or as provided in Section 9.3.2.

Section 9.2.2 Salaried Employees

For salaried employees the normal work week shall consist of five consecutive eight hour days, including a one hour unpaid lunch to be scheduled by the Employer midway through the day, Monday through Friday, with no reduction in rates of pay.

Said notice shall specify the Department, Bureau, work unit, crew and/or individuals involved and the change of starting time to be implemented. Employees shall not have their shift starting times changed more than eight (8) times in a calendar year.

An employee whose shift starting time is changed under this provision and who requires more than fourteen (14) days notice for serious personal or family reasons, may request additional time to change starting times and such requests shall not be unreasonably denied. If necessary, during such request period not to exceed ten (10) working days beyond the date contained in the notice, such employee's intended change of starting time may be filled by detailing under Section 15.5 of this Agreement, and the employee making such request may be assigned to fill the assignment of the detailed employee. The Union and affected employees shall be notified as soon as such detailing is determined.

Failure of a Department to give notice under this provision shall require the payment of premium time at the appropriate rate to all affected employees until this provision is complied with.

All changes in shift starting times made pursuant to this provision shall start on a Monday (or on the first day of the employee's current work week) and shall be for a minimum of one (1) work week.

Nothing provided herein shall mean that the normal work week provided in Sections 9.2.1 and 9.2.2 (Monday through Friday on current existing schedules) may be changed without the express written agreement of the Union.

Section 9.3.2 Change of Shift Schedule

Whenever the City believes it is necessary to temporarily change (a) a scheduled shift assignment or (b) the starting time for such assignment outside the above listed normal starting times for shifts the Union and affected employees shall be given at least 10 days written notice and shall be advised as to the reason for the change(s) and the duration thereof. In an emergency the City shall give as much notice as possible. As soon as the temporary necessity is alleviated normal assignment and scheduling shall be resumed. The parties acknowledge and agree that changes under this subsection shall be limited to situations where changes in starting times are required because of State law, ordinance, regulation or safe working conditions. Temporary changes for reasons other than those described herein shall not be implemented without the written consent of the Union, provided that such consent shall not be unreasonably withheld. The appropriate rate of overtime shall be applicable to all hours worked before or after an employee's regularly assigned shift and no starting time or shift schedule will be established or altered for the purpose of avoiding payment of overtime.

Section 9.3.3 - Permanent Changes in Shift Schedule

In the event the Employer desires to permanently change a scheduled shift assignment or starting time for such assignment outside the above listed normal starting times in Section 9.3.1 above, the Employer shall seek the Union's written consent, which shall not be unreasonably withheld. If the Union does not give its consent, the Employer may submit to expedited arbitration the issue of whether the proposed permanent change is reasonable. The Employer shall not implement the change until 30 working days after the Union's withholding of consent or receipt of the arbitrator's decision sustaining the reasonableness of the change, whichever occurs first, provided the Employer fully cooperates in the selection of an arbitrator and participation in a hearing within the said 30 day period. Otherwise the date of the award shall govern the implementation of the change.

Section 9.4 - Call in Guarantee

Section 9.4.1 Oustisde Regular Working Hours

Employees called in or scheduled for work outside their regular working hours shall receive not less than 4 hours work or pay at their appropriate overtime rate under 9.7, except that on the sixth day all hours worked outside regular starting times or quitting times shall be at double time and the seventh day shall be at double time.

Section 9.4.2 Contiguous to Regular Working Hours

Where call-in is contiguous to the start of a shift, but begins less than four hours before the regularly scheduled shift, the four hour guarantee shall not apply, however, the employee shall receive overtime at the appropriate rate for the call-in time worked and the regularly scheduled shift shall not be shortened for the purpose of avoiding overtime.

Section 9.5 - Reporting Pay

Section 9.5.1 - Hourly Paid Employees

When hourly paid employees report for a regularly scheduled shift and no work is possible because of severe weather conditions, (consistent with the requirements of 9.12 herein) fire, accident or other unavoidable causes beyond the Employer's control, they shall receive a minimum of 2 hours work or pay at the regular hourly rate, unless the employee was told personally at least 3 hours prior to the employee's starting time not to report for work and provided they remain on the premises unless released by the Employer. If the employee begins work he/she shall receive a minimum of 4 hours pay at the regular hourly rate. If the employee works more than 2 hours he/she shall be paid for the entire regularly scheduled shift.

Section 9.5.2 - Salaried Employees

When salaried employees report for work, where the employee has not been told personally at least 3 hours prior to the employee's starting time not to report for work, and are unable to start work, they shall not suffer any loss of pay provided they remain on the premises ready to work, unless released by the Employer.

Section 9.6 - Notice of and Distribution of Overtime

(a) When overtime is scheduled beyond the regular workweek (e.g. Saturday, or 6th day where applicable; Sunday, or 7th day where applicable) the Employer will give employees so scheduled at least 23 hours' advance notice. Emergency scheduling of overtime during the regularly scheduled work week only shall require 16 hours notice to employees and the Union. The advance notice requirements apply if such lead time is available to the Employer.

(b) Overtime and/or premium time referred to in this Agreement shall be offered first to the employee performing the job and thereafter to volunteers, with the most senior employee or volunteer in the job classification at the work location being given the opportunity to work. Where employees in a classification(s) are needed for overtime at a location where such employees are not ordinarily assigned, such overtime shall be rotated within the classification as equitably as possible, provided the employee has the present ability to perform the work. A reasonable amount of overtime shall be a condition of continued employment, provided however, that in the event such offers of overtime are not accepted by such employees, the Employer may mandatorily assign such overtime by inverse seniority. Each Department shall maintain and post overtime rotation lists, which shall be made available to the Union upon request.

(c) Employees in the classification at the work location who have been given the option to work the overtime and/or premium time, whether the option was accepted or rejected, will not be afforded the option to work subsequent overtime and/or premium time until all employees in the classification at the work location, have been reasonably afforded the opportunity to work the overtime and/or premium time, subject to the same provision as in paragraph (a) of this Section.

Section 9.7 - Payment of Overtime

Section 9.7.1 Payment

All overtime shall be paid in the next regular paycheck. All work performed in excess of eight (8) hours worked in any workday, including work required to be performed immediately before or after any scheduled workshift, shall be paid at one and one-half (1-1/2) times the regular straight-time rate of pay, except:

(a) All work performed in excess of 10 ½ hours worked in any workday, including work required to be performed before or after any scheduled workshift, shall be paid at two (2) times the regular straight-time hourly rate of pay, it being understood that only work scheduled within two and one-half hours immediately before or after a shift, as the case may be, shall be subject to payment of overtime at time and one-half.

(b) All work performed during the first eight hours on the sixth day of any workweek shall be paid at one and one-half (1-1/2) times the regular straight-time rate of pay except as provided in Section 9.4.1.

(c) All work performed in excess of eight hours on the sixth day of any workweek, shall be paid at two (2) times the regular straight-time rate of pay.

(d) All work performed on the seventh day of any workweek shall be paid at double the straight-time rate of pay.

(e) Work performed by salaried employees between 35 and 40 hours worked per week (when such is not part of their regularly scheduled work week) which is not covered above, shall be compensated at straight time in the form of compensatory time.

Section 9.7.2 Compensatory Time

Employees exempt from the provision of the Fair Labor Standards Act shall not be entitled to overtime compensation, but shall continue to receive compensatory time off on an hour-for-hour basis for overtime hours worked in accordance with past practice, except under subsections (b)(c) and (d) above.

Section 9.8 - Medical Attention

In case of an accident requiring medical attention during working hours, employees shall be permitted to go or be taken for medical attention at once, and shall be paid for time lost that day.

In the event such injured employee is permitted to continue working by the doctor, but required to return for periodic medical attention during working hours by the Employer doctor, such injured employee shall be paid for time lost.

Section 9.9 - Standby

Where the Employer requires an employee to remain on standby, available for work, and the employee is not able to come and go as he/she pleases, such time shall be paid as time worked.

Section 9.10 - Deferred Compensation

The Employer's policy which is in effect at the execution of this Agreement, pertaining to deferred compensation, shall be afforded to all employees of the Employer without change during the term of this Agreement.

Section 9.11 - Meals Scheduling

All employees shall receive their lunch break no later than 5-1/2 hours after they start work.

For employees who are scheduled to work a consecutive shift schedule past practice regarding meal scheduling, including payment, shall continue.

Section 9.12 - Degree Days

(a) Locals 1001 and 76. In accordance with current practice, in Departments which historically curtailed operations due to low temperature and/or other weather factors, the Standard Temperature Station will be the Airport determined by the Department. A Department will not change the traditional historic factors at which its operations have been curtailed without notice to and consultation with the Union.

Days off because of Degree Days will be credited for purposes of computing seniority and benefit entitlement. Days off because of Degree Days will be assigned first to all seasonal employees and then to probationary employees, and then, if necessary, on a rotating basis by inverse seniority to career service employees within the Bureau.

An employee scheduled for a Degree Day must continue to be told on the preceding work day to call the assigned Bureau or Department at least an hour prior to the normal starting time the morning of his/her Degree Day to ascertain whether he/she shall report to work. An employee shall have no claim under this Agreement if the employee fails to comply with this section.

(b) Members of Local 1092 will not be scheduled off because of Degree Days.