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Due to the unique characteristics of the work performed by Communications Operators, the City will comply with the Federal Labor Standards Act by providing a reasonable time for lunch and breaks based on operational needs.
It is further the intent of the parties to allow reasonable time between the regular shift and overtime for an employee to make arrangements necessary to work overtime.
The scheduling of breaks and lunch periods will be addressed in the divisional agreements.
(a) All work in excess of the regularly scheduled eight (8) hour work day shall be overtime and compensated at a rate of time and one-half the regular rate or as otherwise provided. Overtime shall not be paid twice for the same hours.
(b) If an employee is requested to report back to work not contiguous to the beginning or end of the regular shift, the employee shall be guaranteed a minimum of four (4) hours overtime pay.
(c) If the employee is requested to report to work two (2) hours or less prior to but contiguous to the start of the shift, the employee shall be paid for actual time worked at the appropriate overtime rate.
(d) If the employee is requested to report to work more than two (2) but less than four (4) hours prior to but contiguous to the start of the shift, the employee shall be guaranteed four (4) hours overtime pay.
All such hours shall be paid at the appropriate overtime rate.
Overtime shall be filled according to divisional agreements.
When a shift worker works their first scheduled day off, it shall be considered as a Saturday and shall be compensated at the time and one-half rate.
When a shift worker works their second scheduled day off, it shall be considered as a Sunday and shall be compensated at the double time rate.
For regularly scheduled employees (Monday through Friday), Saturdays shall be compensated at the rate of time and one-half provided such employees have been credited with forty (40) hours straight time pay in the scheduled work period. A minimum of four (4) hours pay at the appropriate overtime rate shall be guaranteed to such employees.
For regularly scheduled employees (Monday through Friday), Sundays shall be compensated at the rate of double time provided such employees have been credited with forty (40) hours straight time pay in the scheduled work period. A minimum of four (4) hours pay at the appropriate overtime rate shall be guaranteed to such employees. Overtime procedure for shift workers shall be mutually agreed upon by both parties on a divisional basis.
When a shift worker works on their scheduled day off for a holiday, they shall be compensated for the holiday plus double time for all hours worked on such day.
When a regularly scheduled employee (Monday through Friday) works on a holiday, the employee shall be compensated for the holiday plus double time for all hours worked on such holiday. A minimum of four (4) hours pay at the appropriate overtime rate shall be guaranteed to such employee.
When the holiday falls on a Saturday and the City celebrates the holiday on Friday, if an employee works Friday the employee shall be compensated at the double time rate for all hours worked on Friday. In the event the employee works on Saturday, the employee shall be compensated time and one-half for all hours worked on the Saturday. In the event the holiday falls on Sunday and is observed on Monday, this same rule shall apply.
The overtime guarantee set forth herein shall not be applied to those situations where the employee is attending a pre-scheduled meeting; or to attend a required court hearing as a witness in connection with their City employment. In such cases the employee shall be guaranteed two hours pay at the appropriate overtime rate rather than the four (4) hours.
All work in excess of an eight (8) hour shift within a twenty-four (24) hour period shall be compensated as overtime except where there is a Divisional Agreement that specifies otherwise.
When there is a change in shift assignments for the next year, when there is mandatory training, there shall be no less than eight (8) hours off between shifts.
(a) It is the intent of this section to schedule necessary overtime work as evenly as possible among the employees who have completed their original probationary period and are qualified to perform the necessary work. The seniority rotating overtime list shall be established as to job classification according to the employee's unit seniority and such list shall be kept current and posted. The list shall be followed except as otherwise provided by Divisional Agreements and current practices. The overtime rotating list will be re-established annually at the beginning of the first shift, January 1 of each year according to the aforementioned criteria. All overtime hours worked shall become part of the seniority rotating overtime list of all employees.
(b) Once established, the list shall be adhered to in the selection of employees to work overtime with the exception that: If a particular incident requires overtime to be worked contiguous to the shift in order to complete or further the progress on such incident, then the employee who has been working the incident on his/her regular shift may be allowed to continue with the same incident during the overtime period;
(c) It is also the intent of this section to facilitate overtime scheduling and call out. When an employee is requested to work and refuses such overtime assignment, the employee shall be charged with such overtime. When an employee repeatedly refuses all overtime in a rolling ninety (90) day period, they may be removed from the overtime rotating list for thirty (30) days after written notification has been given to the employee and the responsible Union Steward stating the just cause for removal. The employee may only be reinstated at the written request of the employee and responsible Union Steward, with the written request including justification for the requested reinstatement. Such reinstatement will not be unreasonably withheld. Upon reinstatement the affected employee will be charged with one hour more than the maximum amount of overtime within their job classification on the overtime rotating list.
(d) An employee can be voluntarily removed from the overtime rotating list by submitting a written request to the Bureau Head. To be reinstated to the overtime rotating list an employee must submit a request in writing and will be charged with one (1) hour more than the maximum amount of overtime within their job classification on the overtime rotating list. This does not preclude an employee from being forced for overtime.
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