AFSCME Local 328
4006 Barbur Blvd, Portland, OR 97239
ARTICLE 9 - OVERTIME AND PREMIUM PAY
ARTICLE 9. OVERTIME AND PREMIUM PAY
Definition of overtime. Overtime for employees working a standard 40-hour work week is time worked in excess of the employee’s regularly scheduled shift, provided the shift is not less than eight (8) hours, or in excess of forty (40) hours per week. Overtime for employees working an alternative 80-hour work period in Hospital units is time worked in excess of eight (8) hours in a day or eighty (80) hours in a fourteen (14) day work period. Overtime for employees working a split shift is time worked in excess of twelve (12) hours.
Overtime compensation. Employees shall be compensated at the rate of one and one-half (1 ½) times their regular rate of pay for overtime worked. No application of this section shall be construed or interpreted to provide for compensation for overtime at a rate exceeding time and one-half (1 ½) or to effect a “pyramiding” of overtime and all forms of premium pay. Employees required to work scheduled overtime, which is defined as overtime work requirements of which the Employer is aware at least five (5) days in advance, shall be compensated for a minimum of one (1) hour at the overtime rate.
Calculation of overtime. All straight time hours worked by an employee as well as utilized accrued vacation time will be used in the calculation of overtime. Overtime hours, on-call time, and on-call hours worked at the rate of time and one-half outside of an employee’s regularly scheduled hours shall not be counted as time worked in the calculation of overtime.
Scheduling and assignment of overtime. The Employer shall give reasonable notice of any overtime to be worked. Each work unit, with consensus of the employees, shall have the opportunity to develop creative methods of overtime scheduling. In units that do not develop such methods, the following rules apply:
Overtime work shall be offered to those employees in the work unit and in the applicable classification who are eligible and qualified to perform the work, and shall be given to the most senior employees who accept the offer of overtime. To be eligible for the overtime, an employee must be available to work the entire overtime period and must have indicated such availability by signing up on an availability list maintained on the work unit. An employee’s consistent unavailability for overtime opportunities, however, will result in the employee’s removal from the list.
The Employer may, in lieu of offering overtime work under subparagraph a, assign overtime for the conclusion of work in process to the employee currently engaged in the work.
In the event that no employee accepts the offer of overtime and subparagraph b does not apply, the overtime shall be assigned to qualified employees in the work unit on a rotating basis beginning with the least senior employee. An employee who affirmatively demonstrates that assignment of the overtime on the particular occasion will result in a personal hardship will be skipped in the rotation.
If the need for overtime arises within two (2) hours of the end of the shift, the Employer’s initial obligation under subparagraph a is limited to offering the overtime work to employees on duty. If no such employee accepts the offer of overtime, then the Employer may assign the overtime to employees on duty, and otherwise in accordance with subparagraph c. For single-shift operations, the Employer has no further obligations under this paragraph. For multi-shift operations, the assignment of mandatory overtime to employees on duty shall be for the first two (2) hours beyond the shift. The Employer will then offer the work to other qualified and eligible employees in accordance with subparagraph a. If no such employee accepts the offer of overtime, then the employee(s) assigned the overtime will continue to work for the duration of the overtime period.
The Employer will pay taxi fare at its direction for an employee required to work beyond the employee’s scheduled shift if (1) the employee was first notified of the overtime when working the scheduled shift and (2) the employee’s regular mode of transportation is unavailable at the conclusion of the overtime assignment.
No employee shall be assigned mandatory overtime for more than sixty (60) hours per calendar quarter.
The health and safety of employees and clients shall be considered in granting overtime; therefore, employees shall be limited to working no more than sixteen (16) hours (to include regular shift plus overtime) within a twenty-four (24) hour period.
In all cases of an emergency, the Employer may assign overtime to any employee as operating needs require. Supervisors shall not perform overtime work normally done by employees working under the jurisdiction of this Agreement, except in an emergency or in lieu of assigning mandatory overtime. For purposes of this provision, an emergency is defined as a situation that is unforeseen and could not be prudently planned for.
Compensatory time. In lieu of receiving payment for overtime hours, an employee may request in writing, and the employee’s supervisor may approve, to deposit in the employee’s compensatory time bank the hours worked (at the rate of time and one-half the actual overtime hours worked), up to a maximum of eighty (80) hours. In the event of mandatory overtime, supervisory approval will not be required.
Call Back. Call-back compensation shall apply when an employee who is on-call is called back to work. It shall also apply when an employee who has been released from duty and is not on-call is called in to work and is then released from duty prior to the employee’s next reporting time.
Compensation rate. An employee who is called back to work shall be paid a minimum of two (2) hours at the premium rate of pay of one and one-half (1 ½) times the employee’s straight rate of pay. After two (2) hours of work in each call-back instance, the employee will be compensated at the appropriate rate of pay for time worked. An employee may elect in writing, in lieu of cash payment and without supervisory approval, to deposit the premium portion (½ x) of callback hours worked in the employee’s compensatory time bank, consistent with the provisions of Section 9.1.5.
Commencement of compensation. Call-back compensation will commence when the employee actually begins work. Where, however, an employee is directed to report for transportation to a location other than an Employer work site, call-back compensation will commence at the time of departure from the employee’s residence.
Mileage reimbursement. The employee who is called back shall receive private car mileage, both ways, between home and the duty station at the rate prescribed in Section 8.8.
Change in Reporting Time. When the Employer wishes to change an employee’s reporting time, as defined in Section 7.2.6, the following rules will apply:
One hour or less. An employee’s reporting time may be changed up to one (1) hour earlier or one (1) hour later, without penalty, if the employee is notified a minimum of twelve (12) hours before the next regularly scheduled reporting time. If the employee’s reporting time is changed without the required notice, the employee shall be entitled to payment at the premium rate of time and one-half (l ½) the straight rate of pay for the first two (2) hours worked.
More than one hour, up to two hours. An employee’s reporting time may be changed more than one (1) hour and up to two (2) hours earlier, or more than one (1) hour and up to two (2) hours later, without penalty, if the employee is notified a minimum of twenty-four (24) hours before the next regularly scheduled reporting time. If the employee’s reporting time is changed without the required notice, the employee shall be entitled to payment at the premium rate of time and one-half (l ½) the straight rate of pay for the first two (2) hours worked.
More than two hours. An employee’s reporting time may be changed more than two (2) hours earlier or two (2) hours later, without penalty, if the employee is notified a minimum of five (5) days in advance. If the employee’s reporting time is changed without the required notice, the employee shall be entitled to payment at the premium rate of time and one-half (1 ½) the straight rate of pay for all time worked before or after his/her regularly scheduled shift until the notice requirement is met. When an employee’s reporting time is changed without the required notice for one (1) day only, the employee shall be entitled to payment at time and one-half (1 ½) for the first two (2) hours worked.
Non-applicability of section. This Section 9.3 shall not apply in the following circumstances:
A change in reporting time is requested by an employee and approved by the Employer.
An employee is notified of a later reporting time with the same ending time for the shift (in which case the two (2) hour notice provision of Section 19.11.2 shall apply).
An employee has agreed to have his or her name placed on a list of volunteers who are agreeable to a change in reporting time without the notice or premium pay requirements of this section.
Work on Recognized Holiday. Employees who work on a recognized holiday as described in Article 11.3 shall be compensated, in addition to holiday pay as described therein, at the premium rate of one and one-half (1 ½ ) times their straight rate of pay.
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