AFSCME Local 328
4006 Barbur Blvd, Portland, OR 97239
ARTICLE 10 - DIFFERENTIAL PAY
ARTICLE 10. DIFFERENTIAL PAY
Eligibility. Employees shall be eligible for the evening shift differential when at least one-half (½) of the scheduled hours of their shift fall between the hours of 4:00 p.m. and 12:00 a.m. midnight. Employees shall be eligible for the night shift differential when at least one-half (½) of the scheduled hours of their work shift fall between the hours of 12:00 a.m. midnight and 8:00 a.m. The shift differential shall apply to all hours worked during the shift. If an employee works one-half (½) of his/her shift in each of the time periods designated as “shifts,” the employee shall receive the higher differential for all hours worked.
Rates. Evening shift differential shall be paid at 7% of the straight hourly rate of pay or $1.36, whichever is greater. Night shift differential shall be paid at 12.5% of the straight hourly rate of pay or $2.65 per hour, whichever is greater.
Work beyond assigned shift. Employees who work two (2) or more hours beyond their assigned day shift will be paid evening shift differential for all time subsequently worked. Employees who work two (2) or more hours beyond their assigned evening shift will be paid night shift differential for all time subsequently worked. Employees who work beyond their assigned night shift will continue to receive night shift differential for all such hours worked.
On-Call Pay. Employees shall be paid one (1) hour’s pay at the straight time rate for each six (6) hours of assigned on-call duty. Employees who are assigned on-call duty for less than six (6) hours shall be paid on a prorated basis. In the event that an employee has at least 84 days’ advance notice of on-call scheduling, the employee may request, and the employee’s supervisor may approve, in lieu of cash payment, to deposit all or a portion of such on-call pay into the employee’s compensatory time bank, consistent with Section 9.1.5. If an employee has less than 84 days’ advance notice, the employee may elect to deposit all or a portion of such on-call pay into his/her compensatory time bank without supervisory approval.
Work from Home. Employees answering calls while on-call from home and performing work at home shall be compensated at the appropriate rate of pay (including overtime, shift differential and/or any other applicable compensation) for the following minimum time periods:
30 minutes for work performed 0-6 minutes
1 hour for work performed 6-30 minutes
2 hours for work performed 30 minutes - 2 hours
Actual time worked for work performed 2 hours or greater
All time logged shall be paid either straight time or overtime, whichever is applicable, in addition to the employee’s on-call pay. At no time shall an employee be compensated for more hours than their scheduled on-call hours while performing on-call services under this section.
Multiple calls. If the time from the end of work on the first call to the beginning of the second call is less than twenty (20) minutes, the two (or more) calls shall be treated as a single call. If the time from the end of work on the first call is more than twenty (20) minutes, the second call shall be treated as a separate event and be compensated accordingly.
When call-back is required. If the phone call is only to notify the employee that she/he must return to the Employer’s premises to perform work and no effort is made to resolve the problem from home, no compensation is owing under this Section 10.3. If, on the other hand, the employee makes an attempt to resolve the problem and performs work at home, she/he shall be paid in accordance with this section even if the attempt is not successful and the employee must return to the Employer’s premises and is compensated in accordance with Section 9.2.
In-House Standby Compensation. Employees shall receive an in-house standby differential of $5.00 per hour. The Employer agrees to provide an hourly compensation in excess of $5.00 per hour consistent with current practice, if any, for any applicable department. Upon notification by either telephone or beeper that the employee’s services are needed, the in-house standby differential will be suspended, and the employee will be compensated at the appropriate rate of pay. When all duties are completed, in-house standby compensation will resume.
Lead Work. Employees shall receive a five percent (5%) differential for work performing assigned lead work duties for four (4) consecutive hours or more. Lead work duties shall be assigned by the supervisor to employees who while performing essentially the same duties as workers led are directed to assign and reassign tasks to accomplish prescribed work efficiently; give direction to workers concerning work procedures; transmit established standards of performance to workers; review work of employees for conformance to standards; provide informational assessment of workers’ performance to supervisors; and orient new employees.
Where lead work differential is applicable to all hours worked in a month it shall be applied to all hours paid. Where the lead work differential is earned intermittently during a month it shall be applied only to hours worked as a lead worker.
Bilingual Differential. The Employer agrees to pay a bilingual differential of five percent (5%) of the straight rate of pay for all compensated hours to employees who meet all of the following criteria and who are not currently employed in the Translation and Interpreter Services Department:
The Employer has assigned the employee to communicate with the Employer’s customers (patients, faculty, and staff) in a recognized and approved language other than the English language for a minimum of four (4) hours a week.
The Employer has determined that proficiency in the specified language is an essential element of the job as set forth in the employee’s job description.
The employee has successfully completed the Employer’s language examination confirming his/her bilingual proficiency in English and the specified language.
Employees who are not receiving a bilingual differential because they do not meet all of the foregoing criteria shall not be required to perform bilingual work. Additional bilingual compensation may be provided based on the Employer’s policy. If additional compensation is provided, the policy will be consistently applied to bargaining unit employees.
High Elevation Work. Employees shall receive a one dollar ($1.00) per hour differential for all hours worked at least twenty (20) feet off the ground on a ladder, scaffold or other similar device or structure.
Inclement Weather Team. Employees working on the inclement weather team will receive $8.00 per hour in addition to any premium pay normally provided for time worked on the team as authorized by the inclement weather team boss.
Transport Work. The Employer agrees to pay each PANDA employee a bonus of $65.00 in addition to his/her regular rate of pay for each transport assignment. This flat rate shall apply regardless of whether the transport work is performed during overtime or premium pay hours. The Employer agrees to contract only with transport services that are in compliance with Federal and State laws and regulations applicable to such transport. The Employer shall provide accidental death and dismemberment insurance in the amount of $500,000 for authorized PANDA employees who are engaged in air transport.
Work Out of Classification. The purpose of work out of classification (WOC) pay is to satisfy short-term and intermediate operational needs by compensating employees appropriately for the performance of work at a higher level.
When an employee is assigned by the Employer for a minimum of four (4) hours within one shift to perform the major distinguishing duties of a position at a higher level classification, the employee shall be paid a differential of at least four percent (4%) of the employee’s straight rate of pay up to the maximum rate of the higher classification’s range. When the assigned duties are not contained in an existing classification, but require substantially greater knowledge, skill and abilities than the assigned classification the employee shall receive a minimum five percent (5%) differential.
The Employer will identify in writing job duties involved in WOC of an ongoing regular nature, where WOC pay is incorporated into the employee’s straight rate of pay. Such WOC shall be reviewed no later than six (6) months following the beginning of the work. At that time the manager will either discontinue the WOC, extend the WOC, or implement the reclassification process pursuant to Section 21.2.
The Employer will not assign uncompensated WOC to fill in for a regular position vacancy or when a position that has been vacated is not posted.
Employees are encouraged to express interest in work outside the scope of their current work duties and responsibilities as part of the performance appraisal process, in an individual development plan, or otherwise in writing.
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