(a) Except for emergency situations and except as provided in Parts (b) through (g) of this section, work schedules in effect as of the effective date of this agreement shall not be changed unless the changes are mutually agreed upon by both the City and the Union. Changes in scheduled days and start times shall not be proposed unless they are reasonably calculated to enhance efficiency, effectiveness, or public service. This provision shall not be construed to prevent the City from assigning work from one shift to another.
(b) If, under this Section, work schedule changes are proposed by the City, and the Union does not mutually agree to the proposed change within ten (10) work days, then the proposal of the City may be referred to binding arbitration at the request of the Department of Human Resources utilizing the expedited procedure set forth in Section 2117.24. The arbitrator shall review the proposed change to determine its reasonableness, including its impact on bargaining unit employees.
(1) In the event the arbitrator finds that the proposed change is unreasonable, then the proposal will not be implemented.
(2) Where the proposal is found by the arbitrator to be reasonable, it may then be implemented. When the decision is rendered in favor of the City, the arbitrator shall have the authority to compensate for monetary losses to employees.
(c) The City shall have the right to establish the work schedules for new additional and vacant positions. When these new positions or vacancies are originally filled these work schedules may require employees to work Saturdays and Sundays and have other days off during the week and may change quarterly or seasonally. Notice of the work schedule for the position shall be provided to those applying for the position. Work schedules for existing employees in their current positions shall not be affected by this provision; however, provided notice is given to applicants, an employee who fills a vacancy may be temporarily assigned to the existing schedule until sufficient positions are available for the start of an alternate schedule.
(d) Where bargaining unit employees are placed in positions in a Division such as Police or Fire, they will work the shifts required by the operation of the Division. This will also apply to new positions where civilian employees are hired to replace uniformed employees performing routine functions;
(e) Operations involving direct citizen/customer service may vary their existing schedules to meet citizen/customer needs on seasonal or other bases. Operations covered by this provision shall be restricted to inspection, D.P.U. customer service, recreation, urban beautification, downtown maintenance, nuisance abatement, consumer health, and traffic signs. Such variances shall only occur after thirty (30) days advance notice to the Union, and must follow either a five (5)-day, eight (8) consecutive hour schedule or four (4) day, ten (10) consecutive hour schedule unless mutually agreed otherwise. Volunteers shall first be sought for the positions designated for such schedules. Vacancies may then be assigned to the schedule. In the event there are insufficient employees available for the designated positions, employees may be assigned by reverse unit seniority.
(f) The parties shall consider the use of four (4) ten (10)-hour days to enhance efficiency, effectiveness, or public service in other operations following the procedures specified in paragraphs (a) and (b) above. Once an employee undertakes a four (4) ten (10)- hour day or other alternate schedule, the employee may only opt out of the schedule when a vacancy arises that may be assigned to the schedule or another employee undertakes the schedule.
(g) Operations may assign current employees to an additional shift created to better provide services only after thirty (30) days advance notice to the Union. Employees with the lowest unit seniority shall be assigned after volunteers for the new shift are solicited.