(a) Hours and Schedules; Department of Fire. These provisions are intended to define the normal range of work hours for regular full-time employees for the purposes of overtime compensation, and shall not be considered as a guarantee of work per day or per week. Nothing contained herein shall be construed to prevent the employer from restructuring the normal work day, work week, platoon system, or from establishing work schedules.
(1) Work shifts, assignments, and schedules shall be established by the City of Avon (employer). Work schedules shall not normally exceed an average of 53 hours per week over a 12 calendar month period for shift or platoon (shift) employees. The average annual hours for shift employees shall therefore be 2,756 hours. Work shifts shall normally consist of a 24-hour period on duty followed by 48 hours off duty. Employees will utilize 156 hours of "relief time" or "leveling off time" per year to attain the average 53-hour work week. Leveling off time will be scheduled, or authorized with prior approval, during each scheduling period that would exceed permissible straight time hours of work. Leveling off time will be considered an unscheduled day.
(2) Shift employees may be temporarily assigned to a 40-hour work week schedule for purposes of training or operational needs. Such assignments will be made by the Chief of Fire or his or her designee. Any shift employee temporarily assigned to a 40-hour week as set forth above will receive the same weekly compensation as if he or she had worked the average 53-hour work week. However, any such employee performing additional work (above 40 hours) for all or part of a shift or responding to a call out during a 40-work week(s) will have such hours tolled against the excess 13 hours already compensated, before additional pay is authorized. Notwithstanding the above, in the case of a call out, the 3-hour minimum or actual hours worked, whichever is greater, will be tolled against the excess 13 hours; however, the employee will also be eligible for half-time for the 3 hours or actual hours worked as applicable.
(3) All positions may be assigned to a 40-hour work week schedule at the discretion of the Chief of Fire or his or her designee.
(b) Basic Rate of Pay.
(1) The basic rate of pay or regular rate of pay for a shift position shall be computed on the basis of the applicable annual compensation for the position divided by 2,756 hours.
(2) The annual compensation for an employee assigned to a 40-hour work week schedule shall be computed based upon the regular hourly rate of pay multiplied by a projected 2080 hours. In the case of a salaried 40 hour per week employee, the annual compensation shall be divided by 2080 hours to determine the hourly rate equivalent.
(c) Overtime Pay and Call Back. Overtime eligible 40-hour employees receive overtime consistent with the provisions of Section 242.08 of the Codified Ordinances.
(1) The employer shall determine the necessity for excess hours or overtime. When a shift employee is required by the Employer to work in excess of his or her regularly scheduled shift (non-emergency or shift overtime), within a bi-weekly pay period, or in excess of the 212 hours of work in a 28-day work period, the employee shall be compensated for all such hours actually worked in excess of the regularly scheduled shift/hours at time and one-half his or her regular pay.
(2) Part-time or intermittent shift employees within the Department of Fire shall be eligible for overtime compensation for hours actually worked in excess of 212 hours in a 28-day work period.
(3) Any overtime eligible employee within the Department of Fire who is called back to duty during an emergency (emergency overtime), where such time does not abut his regularly scheduled shift, shall be guaranteed 3 hours of call-back pay at time and one-half. The employer shall have the right to retain and require the employee to engage in productive work for the full 3 hours, at the discretion of the Chief or his or her designee. This provision shall not apply to any schedule change(s), scheduled overtime, or non-emergency overtime. Unworked minimum call-out hours shall not apply for purposes of overtime computation.
(4) There shall be no pyramiding or duplication of overtime and/or premium pay for the same hours.
(Ord. 114-03. Passed 7-14-03.)