ARTICLE 8 - WORKWEEK AND WORK SCHEDULES

Section 1. Scheduled Hours, Workweek, Workday

  1. Except as otherwise specified in this Agreement, the regular hours of work for full-time employees shall be thirty-seven and one-half (37 1/2) hours per week excluding meal periods.
  2. The work schedule, both starting times and quitting times, of employees shall be posted on a bulletin board at each work location or otherwise made available to employees and Association stewards.
  3. When the appointing authority desires to change the work schedule and/or work week of an employee, a discussion shall be held with the affected employee prior to the issuance of a written notice. Such written notice shall be given to the affected employee at least ten (10) working days in advance of the date of such contemplated change. If requested by the affected employee, written reasons for the change shall be provided within seven (7) calendar days of the request. Any such request must be made prior to the effective date of the schedule change. In no event shall such request for written reasons operate to forestall the effective date of the schedule change. In cases of emergency involving the protection of the property of the appointing authority or involving the health and safety of those persons whose care and/or custody have been entrusted to the appointing authority, such discussion and/or written notice shall not be required unless such emergency continues to exist for more than five (5) working days. After that time, written reasons for the change in the work schedule and/or work week will be provided to the affected employee in the most practicable manner.
  4. To the extent practicable, the normal workweek shall consist of five (5) consecutive days, Monday through Friday, with the regular hours of work each day to be consecutive except for meal periods. Similarly, to the extent practicable, employees in continuous operations shall receive two (2) consecutive days off in each seven-day period. This subsection would not apply to employees in authorized flexible hours program.
  5. Subject to the needs of the department, the department head may offer to employees the opportunity to schedule working hours between 7:00 a.m. and 9:00 p.m., provided that the total number of each employee's working hours per day remains unchanged. However, all major departmental offices must remain open between the hours of 8:30 a.m. and 5:00 p.m. Upon request of a bargaining unit member, the supervisor may grant, for a specific period of time, a flexible personal work schedule, so long as the bargaining unit member can demonstrate that the proposed schedule will not interfere with or detract from the delivery of services provided or the day to day operation of the department. Request for a flexible work schedule shall not be unreasonably denied.

Section 2. Overtime

  1. An employee shall be compensated at the rate of time and one-half his/her regular rate of pay for authorized overtime work performed in excess of forty hours per week.
  2. An employee shall be compensated at his/her regular rate for authorized overtime work performed up to forty hours per week that is in excess of his/her regular workweek.
  3. An employee shall be compensated at the rate of time and one-half his/her regular hourly rate of pay for authorized overtime work performed in excess of eight hours in his/her regular workday except that an employee whose regular workday is more than eight hours shall be compensated at the rate of time and one-half his/her regular hourly rate of pay for authorized overtime work performed in excess of his/her regular workday. The appointing authority shall not, for the purpose of avoiding the payment of overtime, curtail the scheduled hours of an employee during the remainder of a workweek in which the employee has previously worked hours beyond his/her normally scheduled workday. This paragraph shall not apply to employees, who, because of the nature of the duties of their positions, work an irregular workday, nor shall it apply to employees who have been permitted by the appointing authority to participate in an approved voluntary flexible hours program, that has been duly authorized by the appointing authority and by the Personnel Administrator.
  4. Compensatory time off in lieu of overtime compensation may be authorized by the CEO or designee only upon request of the employee. Compensatory time off shall be computed at the same rate as overtime compensation. It must be taken within one hundred and eighty (180) days of when it was earned, unless agreed otherwise by the CEO or designee, and the employee, to be taken at a time designated by the employee and approved by the CEO or designee. An employee may not accrue more than two hundred and forty (240) hours of compensatory time off in lieu of overtime pay. Employees who have accrued the maximum amount shall be paid the hourly rate authorized for overtime work. Upon termination or prior to termination, an employee shall be paid for all unused compensatory time at the employee's final regular rate of pay.
  5. With the exception of paid sick leave, all time for which an employee is on paid leave status shall be considered time worked for the purpose of calculating overtime compensation. If sick leave is taken in a week of mandatory overtime, an employee may substitute three (3) days per year of alternate time (vacation, holiday, compensatory, or personal) time and up to two (2) days per year of sick time (with medical evidence provided). However, this will not be implemented until the Labor/Management Committee develops guidelines.
  6. There shall be no duplication or pyramiding of the premium pay for overtime work provided for in this Agreement.
  7. The appointing authority shall make every effort to send out checks for overtime by no later than the second payroll period following the payroll period of the overtime worked.
  8. Overtime shall be distributed as equitably and impartially as practicable among qualified persons in each work location.
  9. The provisions of this section shall not apply to employees on full travel status.
  10. Mandatory Overtime. Supervisors planning to require mandatory overtime shall, whenever practical, give at least five (5) working days notice of requiring mandatory overtime. Volunteers among those employees working or among all employees who perform this task shall be sought prior to requiring mandatory overtime. If no one volunteers then mandatory overtime may be required from those employees working or among all employees who perform this task in inverse order of seniority. Mandatory overtime shall be assigned on a rotating basis by inverse seniority.

Section 3. Regular Meal Periods
A meal period shall be scheduled as close to the middle of the shift as possible, considering the needs of the appointing authority and the needs of the employee.

Section 4. Rest Periods
Rest periods of fifteen minutes shall be given to employees in each one-half tour of duty. Employees may leave their places of employment during the above mentioned time periods.

Section 5. Call Back Pay
An employee who has left his/her place of employment after having completed work on his/her regular shift and is called back for unscheduled work prior to the commencement of his/her next scheduled shift shall receive a minimum of four (4) hours pay at his/her regular hourly overtime rate. This section shall not apply to an employee who is called in to start his/her shift early, and who continues to work that shift. Call back hours shall be distributed in accordance with the procedures in Article 8, Section 2H.

Section 6. Stand-By Duty

  1. An employee who is ordered by the department head to be available on a stand-by basis to report to duty when necessary shall be reimbursed at a rate of ten dollars ($25.00) for such stand-by period.
  2. The stand-by period shall be fifteen (15) hours in duration for any night stand-by duty, and shall be nine (9) hours in duration for any stand-by duty for any Saturday, Sunday or holiday.
  3. Stand-by duty shall mean that a department head has ordered any employee to be immediately available for duty upon receipt of a message to report to work. If any employee assigned to stand-by duty is not available to report to duty when called, no stand-by pay shall be paid to the employee for the period.
  4. Stand-by duty shall not exceed seventy-two (72) continuous hours for any employee.

Section 7. Shift Differential

  1. The shift differential shall be twenty dollars ($30.00) per week for full-time employees rendering service on a second or third shift, as hereinafter defined.
  2. For the purpose of this section only, a second shift shall be one that commences at 1:00 p.m. or after and ends no later than 2:00 a.m. and a third shift shall be one that commences at 9:00 p.m. or after and ends no later than 9:00 a.m.
  3. The above shift differential shall be paid in addition to regular salary for eligible employees when their entire workday is on a second or third shift. Eligible employees who are required to work a second or third shift or any portion thereof on an overtime basis, replacing a worker who normally works such second or third shift, will receive a differential pursuant to paragraph A of this section.
  4. For employees who are required to work a second or third shift, as governed by paragraph C of this section, overtime shall be compensated at the regular salary rate and the shift differential for the number of hours in excess of thirty seven and one-half but fewer than forty hours per week worked on such second or third shift, and at the rate of time and one-half of the regular salary rate and the shift differential for the number of hours in excess of forty hours per week worked on such second or third shift.
  5. E. Part-time employees shall be eligible to receive a shift differential when their shift begins on or after 6:00 p.m. and ends no later than 9:00 a.m.

Section 8.

  1. Auxiliary Services and Housing Services will implement Kronos, an electronic attendance system. Kronos shall be used only to monitor time and attendance. Current policies and procedures surrounding attendance and pay will remain constant.
  2. Members of the bargaining unit in Auxiliary Services shall be required to use the Kronos System provided the non-unit employees in USA titles shall also be required to use the Kronos System in the same manner. Individuals employed in Auxiliary Services in CC/03 positions who perform work analoguous to that performed by USA/MTA titles shall also be required to use the Kronos System in the same manner. The Kronos System shall not be implemented in Auxiliary Services until such time as the Association has been given notice that the Kronos System will be implemented, such notice not to be given prior to September 1, 2001, and the Association be given (90) days to impact bargain the implementation and usage procedures. Said ninety (90) days may be extended by mutual agreement of the parties.
  3. Unit members, except those in Auxiliary Services, shall not be required to swipe under the Kronos system unless all employees in a Department are required to do so.
  4. Should a University Department or Division, other than Auxiliary Services or Housing, or should the University as a whole purchase Kronos or another like system whose use is likely to impact unit members, the Association shall be given a ninety (90) notice to bargain such an impact.

    For unit members required to swipe a Kronos card, not less than two replacements per fiscal year shall be provided without cost for lost or destroyed cards.

Section 9. Weekend Differential.
Employees shall be paid a weekend differential of fifty cents ($.50) for each hour worked, in addition to their regular salary, for any shift worked between 12:01 am Saturday and 11:59 Sunday.

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