AFSCME Local 328
4006 Barbur Blvd, Portland, OR 97239
ARTICLE 7 - HOURS OF WORK
ARTICLE 7. HOURS OF WORK
Work Week and Extended Work Period. An employee’s workweek is a fixed and regularly recurring period of one hundred sixty-eight (168) hours consisting of seven (7) consecutive twenty-four (24) hour periods. The standard workweek is 12:01 am Monday through 12:00 midnight Sunday. Changes in the standard workweek are permitted, provided that the employee shall not suffer loss of overtime compensation during the workweek in which the change occurs. Alternatively, the Employer and an employee working in a Hospital unit may agree, before performance of work under the agreement begins, to an extended work period of fourteen (14) consecutive days in lieu of the workweek of seven (7) consecutive days.
Scheduling of Work.
Shifts in excess of 12 hours. Shifts in excess of twelve (12) hours affecting current employees shall not be established without the consent of the Union and the affected employee, unless the employee is exercising a layoff option pursuant to Section 19.4.
Split shifts. In the event the Employer wishes to change an existing shift to a split shift, the parties agree to use the process outlined in Article 3.3 Non-Contractual Standards and Benefits to resolve the matter.
Requests for alternate work schedules. An employee or group of employees may submit to their supervisor a written request for a work schedule that is different from the employee’s existing schedule. Such requests shall be granted or denied in writing based on individual and unit needs. Open dialogue is expected regarding the reasons for granting or denial. Employees and supervisors should strive to meet the varying needs of alternate work schedule requests as individual and unit needs are considered.
Requests for flexible work schedules. An employee or group of employees may request and the Employer may grant a flexible work week schedule. If the flexible schedule would impact the daily overtime language set forth in Section 9.1.1, the employee may agree to waive his/her contractual right to overtime after the employee’s regularly scheduled shift by signing the Voluntary Waiver of Daily Overtime form as set forth in Appendix E. A copy of this form is available from the Payroll Department.
Posting of varying work schedules. Varying work schedules, which exist when an employee’s scheduled hours may vary from cycle to cycle, shall be posted at least twenty-eight (28) days in advance. Posted work schedules will not be changed except in an emergency or when there is mutual agreement between the employee and the supervisor. For purposes of this provision, an emergency is defined as a situation that is unforeseen and could not be prudently planned for.
Changes in reporting time. Reporting time is the time designated or recognized as the start of the daily work shift or schedule. The Employer may, notwithstanding the provisions of Sections 7.2.5 and 7.2.7, change an employee’s reporting time on a temporary basis, subject to the compensation provisions associated with failure to provide adequate notice of such change set forth in Section 9.3.
Changes to work schedules. The Employer may, notwithstanding the provisions of Section 18.1.1, change an employee’s schedule subject to the terms of this paragraph. The Employer will use reasonable efforts to honor seniority when making work schedule changes. The Employer shall provide twenty-eight (28) days’ notice and a written explanation to the employee(s) and the Union of any changes of more than one (1) hour in an employee’s regular work schedule. The Employer shall provide fourteen (14) days’ notice and a written explanation to the employee(s) and the Union of any changes of one (1) hour or less in an employee’s regular work schedule, provided that an employee who demonstrates a scheduling hardship (due, for example, to childcare, home care or transportation concerns) shall be entitled to a full 28 days’ notice. Such changes in work schedule can be implemented prior to elapsing of the required notice period upon mutual written agreement between the employee(s) and the Employer.
Non-guarantee of hours. This section shall not be construed as a guarantee of hours of work per day or per week.
Consecutive days of work for part-time employees. A part-time employee shall not be scheduled to work more than eight (8) consecutive days. Nor shall a part-time employee be required without his or her consent to work more than ten (10) consecutive days, provided that at least two (2) of those days are due to circumstances that are unforeseen and could not be prudently planned for. In the event that a part-time employee is required to work at least eight (8) consecutive days, the employee thereafter will be provided at least one (1) calendar day off. If immediately following the one (1) day off the employee is again required to work one or more periods of at least eight (8) consecutive days, the employee after each such period will be provided at least two (2) calendar days off.
Report Pay. An employee who is scheduled for work, does not receive notice of shift cancellation in accordance with Section 19.11.2, and reports for work shall be paid a minimum of four (4) hours. Where the scheduled shift is less than four (4) hours in duration, however, the employee shall be paid for the hours scheduled. In the event that operations are closed or curtailed due to inclement weather, Section 7.12.4 shall control.
Availability of Additional Work. In the event that additional, non-overtime work becomes available to employees in a work unit, it shall be offered and assigned in the following order:
The work shall first be offered, in order of seniority, to employee(s) who have been canceled or curtailed within the current and previous pay period, who are qualified, and who have advised their supervisor in advance that they are available to perform such work. If performing the additional work would cause the employee to incur daily or weekly overtime, the employee shall be required to change any vacation or comp time used during such cancellation or curtailment to leave without pay (LWOP) to avoid the payment of overtime.
If no employee accepts the offered work pursuant to Paragraph 1, the work shall be offered in the following order:
FTE employees up to designated FTE in seniority order
FTE employees over designated FTE, but not overtime, in seniority order
Relief workers in seniority order
Temp or student workers
Employees may not work non-overtime regular shifts pursuant to this Section 7.4 if their current work schedule would cause such extra work to incur overtime or any other premium pay liability. This does not limit the right of employees to work overtime when overtime work is offered.
For purposes of this article, Float Pool workers participate in the assignment process as regularly scheduled FTE or flex workers.
If there are no volunteers, mandatory assignment of non-overtime work will apply in reverse order of seniority.
If the work cannot be accomplished without incurring overtime pay, the assignment shall be made according to the provisions of Section 9.1.4.
Work units are encouraged to develop a consensus process for the assignment of remaining additional work. This process should consider the availability and qualifications of personnel, efficiency of operation, employee needs and fiscal impact upon the Employer.
Rest Periods. A rest period of fifteen (15) minutes shall be permitted for all employees during each consecutive work period of four (4) hours or more. Rest periods shall be scheduled in accordance with the operating requirements of each employee’s duties and shall be considered on-duty time.
If, on an occasional basis, the work does not allow the scheduling of rest periods, the employee and supervisor will make arrangements to provide rest periods at alternative times, including combining rest periods with meal periods or leaving prior to the end of the shift. In addition, an employee and his or her manager may agree to combine rest periods with meal periods on an ongoing basis if it meets operational need. When none of the options for allowing rest breaks at alternative times is feasible because of the operating requirements of the Employer, the employee will be compensated for the missed rest period at the straight time rate of pay.
Meal Periods. Employees shall be granted a non-duty meal period during each work shift of at least six (6) hours. Each non-duty meal period shall be scheduled in the middle of the work shift, or as near thereto as possible, and shall be no less than thirty (30) minutes and no more than sixty (60) minutes. Employees required to take meal periods in designated areas and/or maintain contact with their department will have their meal period considered on-duty time.
Time Off Between Regularly Scheduled Shifts. It is the parties’ mutual desire that employees receive no less than ten (10) hours off between regularly scheduled shifts. A regularly scheduled shift is defined as a shift for which an employee is scheduled on a regular basis to satisfy his or her FTE level. It shall also include for purposes of this paragraph a mandatory staff meeting. In the event that an employee works two regularly scheduled shifts on consecutive days, and the employee is required to work additional hours that would result in the employee having less than ten (10) consecutive hours off immediately preceding the regularly scheduled shift on the second consecutive day, the Employer shall choose either of the following:
The Employer may, if feasible, allow the employee to commence his or her next regularly scheduled shift at a later start time. The later start time shall be measured by the amount of time worked by the employee during the ten (10) hours immediately preceding the scheduled shift. Under such circumstances the amount of time between the scheduled start time and the later start time will be treated as hours worked. The provisions of Section 9.3 shall not apply in this context.
In the alternative, the Employer may require the employee to begin his or her next regularly scheduled shift at the normal start time. If this occurs, the employee will be compensated at his/her regular rate of pay for the amount of time worked during the 10-hour period immediately preceding the employee’s next regularly scheduled shift. This compensation shall be in addition to the employee’s normal compensation for all hours worked at the applicable pay rate.
Example: An employee is regularly scheduled to work from 8:00 a.m. to 5:00 p.m. The employee works beyond 5:00 p.m. until 12:00 midnight. The employee is required to return to work the following day at 8:00 a.m. The employee will receive two (2) hours of additional compensation at the regular rate of pay because the employee worked two hours during the 10-hour period of 10:00 p.m. to 8:00 a.m.
If an employee requests a schedule change, makes a shift trade or otherwise volunteers to work additional hours which results in less than ten (10) hours off, he/she is not entitled to any additional compensation under this section.
On-Call. An employee shall be on-call when he or she is required to be available for work outside his/her normal working hours, is required to leave word with the Employer where he/she can be contacted during a specified period of time, and is required to be prepared to immediately commence work if the need arises. An employee shall not be on call once s/he actually commences performing assigned duties and receives the appropriate rate of pay for time worked, except that Professional and Technical Employees of the Hospitals and Clinics identified as “Sector 5” employees shall continue to receive on call pay even after they commence receiving the appropriate rate of pay for time worked.
In-House Standby. Employees on in-house standby are required to remain in-house while not actively involved in the performance of their regular assignments or related tasks. Employees on in-house standby will be provided with a private, locked sleeping room, which shall include a bed or stretcher with clean linen and blankets, desk or counter with lamp and chair, telephone and television. For standby compensation, see Section 10.4.
Shift Trades. Employees may trade regularly scheduled shifts within the same pay period with the consent of their immediate supervisor, provided that no overtime or premium pay will result from the trade.
Clean-Up Time. Whenever a job performed or the material or equipment utilized has caused an employee to become dirty, the employee shall be allowed a reasonable amount of time without loss of pay prior to any meal period or prior to the completion of his/her work day to clean him/herself. In those areas where special clothing is required and furnished by the Employer, changing into street clothing will be considered part of the employee’s workday.
Inclement Weather. The Employer may, in its discretion, decide to close selected portions of its operations because of inclement weather. Work areas which operate on a continuous twenty four (24) hour basis will remain open at all times. In the event of inclement weather declared by the Provost or designee, the following rules will apply:
Shuttle buses. The Employer shall make reasonable attempts to have the shuttle buses run on a modified inclement weather route to ensure employees’ safe transportation to and from the Employer’s satellite parking lots at no charge.
Report to work late. When the employee’s work area remains open, the employee shall suffer no loss of pay if the employee has made every reasonable effort to report to work as scheduled and arrives within two (2) hours of his/her scheduled start time. Employees arriving greater than two hours late due to inclement weather shall be paid based upon actual hours worked.
Inability to report to work. When the employee’s work area remains open but the employee is unable to report to work because of inclement weather, the time loss is considered leave without pay. Even when inclement weather is not declared, if an employee makes reasonable efforts to report to work as scheduled but is unable to do so due to severe weather conditions, the resulting absence or late report will not count as an attendance occurrence. In either of these cases, employees upon request shall be granted use of accrued vacation or compensation time.
Closing, curtailment or delayed start of operations. When weather conditions require cancellation of a shift or a delayed start of operations, the two (2) hour notice provision of Section 19.11.2 shall apply. In such circumstances, the notice provisions of Section 9.3 shall not apply. When weather conditions require the closing or curtailing of operations after the employee reports to work, the employee shall be paid for the remainder of his/her work shift.
Make-up for time lost. At the discretion of the immediate supervisor, an employee may make up time lost, provided it does not require the payment of overtime or premium pay.
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