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New employees shall not be eligible to work overtime until thirty (30) calendar days after they have been notified in writing that they can perform their work duties unassisted. When a new employee becomes eligible to work overtime, the employee shall be charged with the hours of the employee having the greatest amount of overtime hours in the appropriate unit of the Communications Bureau.
(a) Employees that are promoted into a different classification or either transferred or demoted to a different operational unit shall be eligible to work overtime thirty (30) calendar days after they have been notified in writing that they can perform their work duties unassisted.
(b) Employees who have been promoted, transferred or demoted shall be charged with the average amount of overtime hours in the appropriate unit of the Communications Bureau and shall be so placed on the overtime rotating list.
(a) When an employee refuses overtime and it is imperative that overtime be worked, a rolling forced overtime rotating list will be used. This list will be established by reverse seniority. Forced overtime will be filled by ordering the operator(s) who have the longest period of time from their last force. In case of a tie, the least senior operator(s) will be forced. This is a rolling list and will start over at the beginning of each calendar year, beginning first shift - January 1. Employees off on scheduled vacation days shall not be forced when other employees are available.
(b) An employee who has accepted overtime who cannot work the overtime must notify their department thirty (30) minutes before the start of the overtime, or following normal daily notice procedures if different. An employee who does not work after accepting the overtime will be charged with double the amount of overtime hours worked. An employee who fails to work accepted overtime on three (3) occasions in a six (6) month period and has not provided the advance notice, shall be removed from the overtime rotating list for six (6) months and may be reinstated thereafter under the provisions of Section 2115.76, “Overtime Rotating List”. This paragraph shall take effect thirty (30) days after distribution of the 2002 contract books.
(c) Emergency overtime is defined as a non-scheduled overtime situation which threatens the health and safety services of the citizens of Toledo. Issues involving emergency overtime regarding safety forces will be addressed in divisional agreements.
It is the intent of the parties hereto that the overtime premium hours shall be kept equal within eight (8) hours for day workers and sixteen (16) hours for shift workers.
No employee shall work more than sixteen (16) continuous hours except in emergency situations where other qualified personnel are not available.
At the time that overtime assignments are made known to the responsible steward or during the course of working the overtime, if errors in the application of the overtime rotating list become known to the steward, he or she shall advise the supervision of any assignment errors so corrections may be made prior to or during the performance of work. Once advised that there is a mistake, supervision still has the prerogative to make the assignments. The responsible steward may then file under the grievance procedure. Employees not called for or offered the overtime when entitled shall be made whole for their loss. If overtime assignments are not made known to the responsible steward and a mistake is made, any affected employee shall be made whole for his loss. Under no circumstances will a steward's action regarding the above negate management's responsibility to make an employee whole for his loss.
An employee who has worked overtime shall be allowed to receive compensatory time off in lieu of pay at the appropriate overtime rate, if the employee so elects, provided that the employee does not accumulate compensatory time in excess of Fair Labor Standards Act Limitations. The employee shall receive this time off with pay in such a way as not to impair the operations of the work unit. In the absence of such election by the employee, he/she shall receive pay as provided herein. An employee must take all compensatory time in excess of one hundred sixty (160) hours by April 30 of the year following the year in which the time was earned. If the employee has not taken the time by that date, then they shall be paid for all hours not taken in excess of one hundred sixty (160) hours in the next regular pay period. Payment will be made in a separate check.
Overtime worked at alternate status may be elected as compen satory time and the difference between hourly rates will be paid with the pay period of the hours worked. Any remaining vacation time must be scheduled before compensatory time is permitted after October 1st of each year.
Holidays, vacations and other time off to which the person is entitled as a matter of rights under or by virtue of any ordinance of the City and this Agreement shall be considered as time worked except when determining hours worked for purposes of compliance with the Fair Labor Standards Act.
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