eZone   AFSCME Local 328
 4006 Barbur Blvd, Portland, OR 97239

Frequently Asked Questions - Work Schedules

Is there a minimum time when management must notify us of requested OT? I signed up on 12-31 for a shift tomorrow. Still, at 1200 have not heard whether I have the shift or not.

The contract only specifies in article 9.1.4 "The Employer shall give reasonable notice of any overtime to be worked."

Have you asked your supervisor if the shift has been assigned to someone?

Is the assignment order following your work unit overtime scheduling consensus agreement or seniority order?  If it's not following your work unit agreement or contract, then a grievance can be filed, but will need to filed within 21 days of you knowing the contract wasn't followed.

Not exactly the right category, but here's my question. Holiday pay for January 1. I worked my regularly scheduled shift on Thursday, 12/31. My boss offered 4 hours of paid leave to all classified staff. I took the leave. I did not work the holiday. My next scheduled work shift was Monday, Jan 4. However, due to the official inclement weather situation, my boss closed the office for the day, cancelling my work shift. I only have 5 hours of vacation time. Will I lose the Holiday pay?

Hello,

The contract is not entirely clear on this, but yes you should get the holiday pay, based on what the contract does say. The contract also allows you to ask your supervisor about ways to make up the lost time. Article 7.12.5.

If you don't get paid for it, please contact us immediately for help filing a grievance.

I am sorry I asked this question a few days ago but neglected to provide some important info/context to my question. My shoft ends @ 1600. I have a job that I have to wear scrubs for. I would like to know when is my employer responsible to relieve me to go home? wondering if the contract provides for time to change clothes?

Hi, it's article 7.11 If the clothing is provided by OHSU and you're required to change out of it before leaving OHSU, changing is considered part of your work day and they need to give you time to do it. It says "a reasonable amount of time."

If my shift is until 4pm when is the employer responsible for relieving me to go home? My 2nd question is then...at what time (using shift end of 4pm is it considered mandatory overtime ?

If you need to be relieved by someone, then you should be relieved at 4pm (unless there's some required clean up time, in which case you should be relieved in time that you can do that before 4pm). Your supervisor should tell you how to end your shift.

Any time you work after your shift ends (assuming full time employee) is overtime, mandatory or otherwise. And you should be paid appropriately for it.

Is there a list of what count's as hardship regarding assignment shifts in our department? Is childcare issues on the list? Thank you, Megan Evans

I'm not sure what kind of assigning of shifts is happening. But article 7.2.7 about changes to work schedules clearly lists childcare as one of several kinds of scheduling hardship.

In scheduling overtime, it also says that personal hardship is a reason to skip an employee in assigning mandatory overtime. It doesn't specify types, but I think an argument could be made that the kinds of hardships listed in 7.2.7 apply.

I'm not able to find anything regarding weekend days for healthcare workers. I do the scheduling for my units health unit coordinators (HUC), and I need to know if a Friday night is considered a weekend day for evening shift HUCs (3pm-11pm). Thank you, Joseph

In general a Friday evening shift is still considered a weekday. A weekend shift starts at 1201 Saturday morning. Is there perhaps more context to your question that we should take into consideration?

Mgmt signed the leads and trainer/auditors up for a 6 week class Emerging Leader in the FAB office, for Enterprise Coding, we work offsite. Mgmt has us clock out to drive in, pay for parking, clock back in when we arrive in office, and then clock out at the end of class to go home, clock back in and work if we did not complete our shift. My question is, if mgmt requires us to drive in to a class, are they required to: 1) Pay for drive time to/from. 2) reimburse for parking.

This is mostly covered by BOLI law, not the contract. Though article 22.5 could also be included...

...If an employee is required by the Employer to participate in an education or training program, the employee shall normally be reimbursed for related travel and mileage expense.

And if you have to travel during the work day, BOLI says which might be applicable:

Travel Between Worksites

A second category of employee travel is travel within a single day between multiple work sites.

Q. Is an employer required to pay an employee for travel time from one job site to another in the course of a day´s work?

A. Yes, if the employee must travel to accomplish the day´s work. Examples include landscape maintenance employees or appliance repair persons who travel from site to site during the day.

If you'd like to file a grievance about this, please let us know.

I work in a department where I am the only AFSCME salaried employee - the rest of the staff is nursing. There has been a lot of questions to holidays and how they applied to me. I was recently told that for holidays off I am only eligible for 8 hours off. I normally work four 10 hour shifts so for weeks that have holidays I have to work one 12 and three ten hour shifts to maintain my hours. Is this the policy? Does the holiday allow me a whole shift off or just 8 hours? -Faye Girardi

Hi Faye,

It is set by policy. Salaried employees typically mirror management in terms of paid holidays. Everyone gets eight hours. The same applies to hourly employees who normally work 10 or 12 hour shifts. 

Can an employee or group request to have their breaks periods be their lunch periods too? Ultimately being at the office for 8 hours instead for 8.5 hour a day. We're finding that our 1/2 hour overlap in shifts are not as beneficial as initially thought and is a waste of our time.

Below is some information taken directly from Boli,  Bottom line the answer is no.

Unless exempt, Oregon law requires employers to provide meal and rest periods to employees

The typical adult employee whose work period is eight hours long is entitled to receive at least a 30-minute unpaid meal period and two paid ten-minute rest breaks.  Different provisions apply to minor employees under the age of 18.  (Contact BOLI for more information.)  OHSU provides you with two PAID 15 minute breaks,

Q.  What are the basic requirements for meal periods under Oregon law? 
A.  Meal periods of not less than 30 minutes must be provided to non-exempt employees who work 6 or more hours in one work period.  No meal period is required if the work period is less than 6 hours.  Additional meal periods are required to be provided to employees who work 14 hours or more.  (See chart at the end of this fact sheet.) 
  
Ordinarily, employees are required to be relieved of all duties during the meal period.  Under exceptional circumstances, however, the law allows an employee to perform duties during a meal period.  When that happens, the employer must pay the employee for the whole meal period. 

Q.  Are there exceptions to the requirement to provide meal periods? 
A.  Yes; there are four exceptions to the requirement that an employee be provided with a 30-minute meal period in which the employee is relieved of all duties.  They are as follows: 
  
1)   The failure to provide a meal period was caused by unforeseeable equipment failures, acts of nature or other exceptional and unanticipated circumstances that only rarely and temporarily preclude the provision of a meal period. 
  
2)   Industry practice or custom has established a paid meal period of less than 30 minutes (but no less than 20 minutes) during which the employee is relieved of all duties. 
  
3)   Providing a 30-minute, unpaid meal period where the employee is relieved of all duties would impose an undue hardship on the operation of the employer’s business.  When an employer can demonstrate that providing an employee a meal period would impose an undue hardship on the operation of the business and does not provide the full 30-minute meal period, employees must still be provided with adequate time to consume a meal, rest and use the restroom, and must be paid for this time, in addition to being provided all rest periods required by law for the number of hours worked in any given shift.  In addition, the employer must give notice to each employee affected by the undue hardship provision on a form prescribed by BOLI and maintain a copy of the notice for the duration of the employee’s employment and for at least six months after the termination date of the employee.  The form is available at www.oregon.gov/BOLI/ /docs/WH-161.pdf 
  
  
4)   The employee is a tipped food and beverage server who has voluntarily waived their meal period under the following conditions: 
  

·        The employee is employed to serve food or beverages, and receives and reports tips to the employer.

·        The employee is at least 18 years of age.

·        The employee voluntarily requests to waive the meal period.  (For newly hired employees, the request to waive the meal period may not be made until the employee has worked for the employer at least seven days.)

·        The request to waive the meal period is in writing on a form prescribed by BOLI at www.oregon.gov/BOLI/WHD/Meal_Waivers.shtml

·        The employer retains a copy of the meal waiver for six months after the employee separates from employment.

·        The employee has an opportunity to consume food during shifts of six hours or longer.

·        The employee is paid for any meal period in which the employee is not relieved of all duty.

·        When the employee works longer than eight hours, the employee must be given a meal period in which the employee is relieved of all duty.

·        The employer keeps records clearly showing whether or not the employee has received the meal period.

·        The employer conspicuously posts a notice provided by BOLI regarding rest and meal periods.  The notice is available at www.oregon.gov/BOLI/WHD/Meal_Waivers.shtml

  

Q.  If an employee works through the lunch period and wants to leave 30 minutes early, may I allow that? 
A.  Generally, no.  If it is possible for you to provide the 30-minute meal period, you must do so and require the employee to take the meal break.  If, however, one of the exceptions to the requirement to provide a meal period applies, you must pay the employee for working through the meal period, and you may then choose to shorten the employee’s work shift. 

 

Q.  No matter how often I remind my employee, he refuses to take his meal and rest breaks.  Since I have given him every opportunity to take the breaks but he chooses not to, am I in compliance? 
A.  No; your employee may not legally waive his rights to receive required rest and meal periods.  To be in compliance, you must require your employee to take all mandated breaks, and you may even need to discipline an employee who refuses to do so. 
  

Numbers of Meal and Rest Periods Required Based on Length of Work Period

 

 

Length of work period

Number of

rest breaks

required

Number of

meal periods

required

2 hrs or less 

0

0

2 hrs 1 min - 5 hrs 59 min 

1

0

6 hrs 

1

1

6 hrs 1 min - 10 hrs 

2

1

10 hrs 1 min - 13 hrs 59 min 

3

1

14 hrs 

3

2

14 hrs 1 min - 18 hrs 

4

2

18 hrs 1 min - 21 hrs 59 min 

5

2

22 hrs 

5

3

22 hrs 1 min - 24 hrs 

6

3

 

 

 

Can I take my lunch and breaks at the end of my shift in order to leave earlier for childcare and schooling?

Not really. This is governed by state law that employees are required to get breaks in the middle of their shifts. Meal breaks should be scheduled in the middle of the shift (article 7.6).

Occasionally, if you can't get a break during the day, your supervisor may let you leave before the end of the shift. Emphasis on occasionally.

I'm salaried and being asked to travel on MLK Day (Jan 20th) which the contract observes as a holiday. I don't mind the travel on the holiday, but what kind of rights do I have in this situation?

APPENDIX A
Contract Variations Applicable to Salaried Employees
This appendix sets forth terms and conditions of employment that shall apply uniquely to salaried employees:

1.    Non-applicable contract provisions.  The following provisions of the Agreement do not apply to salaried employees:

w.    Overtime and Premium Pay, Article 9.4 Work on Recognized Holiday

 

8.8    Travel Expenses and Allowances.  Travel expenses and allowances shall be in accordance with the Employer’s policies.  In the event that the Employer seeks to make a substantive change in its policies, it will notify the Union of such change at least thirty (30) days prior to implementation, and will bargain upon request regarding such change.

It is not uncommon for us to work the entire day with no meal period as provided in Article 7. Right now we clock out with no meal, but as a workgroup can we vote by consensus to close for 30 minutes on those days to allow an uninterrupted lunch? Eating while working is not the most pleasant of options sometimes and the break would be welcomed.

Skipping breaks should never be a common occurrence. If a work area is unable to complete the work being assigned in the time allotted, that often indicates a failure to provide adequate staffing and additional employees should be hired or assigned. It is unlikely that management will allow the work area to close down during normal operating hours, but they should be able to accommodate break times. Please have a discussion with your manager to request that you be allowed to take your breaks, or file a grievance. Failure to provide adequate break times creates a stressful and often dangerous working condition, and may also be a violation of state or federal labor laws.

What is the correct amount of breaks I should take during a 12 hour shift? Is there anything additional I need to clock for that long of shift?

Under normal circumstances, someone working a 12-hour shift would take three rest breaks (15 minutes) and one meal break (30 minutes).

7.5    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.
7.6    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.

Is it okay according to the union/contract for workers in one job class to be required to work another job class on a temporary basis? (like once per month)

Yes, if the work remains at the same classification level, or are only for a very limited time period. However, if the duties are of a position at a higher level classification (one which would pay more), and the work takes place during at least four hours in one shift, you may be eligible for compensation as work out of classification.

10.10.1    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.  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.

My unit which is the Pediatric Echo is being asked to take vacation/comp time/leave without pay on December 24th which is not a holiday. The reason we told that we are not able to work is because our Pediatric Cardiologists will not have a reader for the day. There was work to do, but the pediatric cardiology medical directors told us we would have to close the lab. There is a potential we will have to do the same for December 31st. Thanks, Rob McDonald

This falls under Article 19 Layoff

 

19.10.5    Lack of work on holidays.  If a department anticipates a lack of work on or around a holiday, it shall make a reasonable effort to notify employees at least twenty-eight (28) days prior to the holiday.  When there is a general closing of a department for a day, on or around a holiday, the Employer will not be expected to grant the right to work to any employee in that department on that day.  At the discretion of the immediate supervisor, an employee may make up the time, provided it is in the same workweek or extended work period and the work does not result in overtime or premium pay.

I make the schedule in my department and we currently have a temp employee. I was told by my supervisor that temp employees can not work holidays. Is that true?

There is no contractual reason that temporary employees cannot work holidays.  They are entitled to the same holiday pay rules as any other employee.  The only differentiation in this case is when additional hours (such as overtime) are offered, temporary employees are the last in line, and are generally only granted hours when other employees decline the additional work.

In short, the answer to your question is no.  I would suggest you contact the Human Resources Business Partner for your department to verify that there are no special arrangements made in your department that may say otherwise, but it is unlikely that is the case.

Our manager is asking up to sign a form to change our work schedule to 4/10, only voluntarily, to accommodate the closure of Sam Jackson, and work less hours on the hill. Once I waive this overtime after 8 hour and choose only after 40 hours a week, can this be changed back in fall or is this a permenant change?

All you need to do is send email or a memo to your supervisor withdrawing the agreement. These Waiver of Daily Overtime agreements are completely voluntary on both sides. If your supervisor gives you any static about your withdrawal, you should contact a steward via the KnowZone 503 239 9858 ext 132.

If I wokr a 7 hour work day or a 6 hour work day, am I required to still take a 30 minute lunch? Also, how many breaks would be legally included in a 7 or 6 hour work day? thank you!

  If you work more than six hours, the law says you must take a meal break.  If you work between two hours and one minute and four hours, the law says you must take a rest break.

  This is a link the the Bureau of labvor and Industies frequently asked questions about Meal_and_Rest_Period_Rules .

  These are excerpts from that page.

Q.  What are the basic requirements for meal periods under Oregon law?
A.  Meal periods of not less than 30 minutes must be provided to non-exempt employees who work 6 or more hours in one work period.  No meal period is required if the work period is less than 6 hours.  Additional meal periods are required to be provided to employees who work 14 hours or more.  (See chart at the end of this fact sheet.)

Q.  What are the basic requirements for rest periods under Oregon law?
A.  Oregon law requires an employer-paid rest period of not less than 10 minutes for every segment of four hours or major part thereof (two hours and one minute through four hours) worked in one work period.  This time must be taken in addition to and separately from required meal periods.  The rest period should be taken as nearly as possible in the middle of the work segment.  It is prohibited for an employer to allow employees to add the rest period to a meal period or to deduct rest periods from the beginning or end of the employee’s work shift. 

 

This is the contract language about meals and breaks.

7.5    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.

7.6    Meal Periods.  Employees shall be granted a non-duty meal period during each work shift.  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.

 

Is it ok to routine not get breaks or lunch breaks during your work week... everyweek???

 

Hello again, no it is not ok not to recieve breaks or lunches it's a violation of the contract.

I work 3 days a wk (32hrs) so when one of my work days is a holiday I only get paid 6.4hrs and my manager states I need to use my accrual time for the rest of the day, could a take the rest of the time as unpaid instead, like on the example of the day after thanksgiving?

You cannot take unpaid time the day before or after a holiday. That would include your case of earning less than what you normally work in a full day. You would have to use vacation time to make up the difference or you don't get the paid holiday time, unless the day after Thanksgiving is not a regular work day for your unit, then Monday would be the next regularly scheduled work day.

As for the holiday itself, yes, if you don't want to use vaction time to make up extra hours, you may take that time unpaid.

Regarding school schedules: I read the previous post that an employee was needing accommodation for his/her school schedule, that is, adjusting hours so he/she could make it to class on time. The steward seemed uncertain about both the Union and OHSU's stance on education. Am I wrong in thinking that OHSU as a teaching hospital/University accommodates any reasonable request for school schedules? My understanding - and interpretation of the contract - is that students will be accommodated.

The contract basically says OHSU can accomodate school schedules, but it doesn't have to. It's not very strong contract language, unfortuantely.

According to the contract OHSU will accomodate requests for schedule changes as long as it doesn't "handicap" the department. It really depends on the department and the type of job the employee/student is doing and what changes they are wanting to make. If they are requesting to leave at a critically busy time when coverage for the employee/students absence is not available, it is likely the request would be denied.

I work in Admitting. Question is: if Friday (July 3) was "recognized as the holiday" (Ed Gaines), then why did the following happen? We were told that to get paid for the Holiday we had to be in "pay status" for the 3rd. That meant that we either had to work (see next issue) or we had to use comp or vac time for Friday in order to receive our Holiday pay. 2) Friday (July 3) was posted as a Holiday day where shifts were up for bid for relief/pt. Which date is Holiday--can't be both.

The recognized Holiday is the actual Holiday (July 4th)  for work areas predominately operating on a seven-day operations schedule.  It is our understanding that PAS/Admitting operates seven days a week, therefore the observed Holiday is July 4th (Article 30.1).  To be eligible for Holiday compensation an employee must be in pay status the employee's work shift immediately before and after the Holiday to be eligible for Holiday pay (Article 30.2). 

Did your department only post a "Holiday Schedule" for the 3rd, or did they post a "Holiday Schedule" for both the 3rd and 4th?

If I am working my regular day schedule as well as being on call do I receive on call pay as well?

Per the Afscme contract Article 39:

39.4     Employees shall be paid one (1) hour’s pay at the regular 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.  Employees may elect to accumulate all or a portion of on-call pay as paid leave.

I have been placed on an On-Call schedule but am being told I will not be paid for that time while on call

According to Article 39.4 (see below), you are entitled to 1 hours pay for ever 6 hours you are on call.  If you are scheduled for 4 hours of on-call, your 1 hour pay will be prorated (divided by 6 x the number of hours you did work).  You should punch it into the TACs system as on-call time.  If you work the on-call and find out you were not paid for it, you can file a grievance here on the eZone. 

Please let me know if you have any other questions.

39.4      Employees shall be paid one (1) hour’s pay at the regular 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. Employees may elect to accumulate all or a portion of on-call pay as paid leave.

I would like to talk to someone who can tell me what I should do about departmental work schedule policies not being adhered to by all coworkers. I have been disciplined for straying from those policies. Not fair application for all employees.

If you have been disciplined and others have not for similar behavior, you should file a grievance. It would also be worthwhile to ask a Union staff representative to take a look at the practice and determine if should be taken up with HR. Sometimes HR will correct a manager's behavior if they are clearly out of line.

A tech has given two weeks notice. The position is a tech 1. We have been told that no new person is being hired to fill it but a schedule change will happen. The least senior tech is a tech 2. Should the schedule be given based on the class or on seniority?

The answer will depend on how many schedule changes will be made.  If several people are having their schedules adjusted to fill in around the vacated position, then all the schedules being changed should be posted and bid in seniority order under the reorganization provisions of the contract. When seniority is applied to bidding it is within the same classification.

If only one person is having their schedule changed, then seniority doesn't come into it. They simply have to give whoever it is 30 days notice of the schedule change.

What's the deal with Thanksgiving and the day after Thanksgiving?

We always get a raft of questions about the Thanksgiving holiday this time of year. Here are several of the most common.

1) Why isn't the day after Thanksgiving a paid holiday?

We always propose making it a paid holiday at bargaining and OHSU always says "no." We survey our members and this issue never rises to the top as one of the most important things we need to accomplish when we are in the middle of the give and take of bargaining. It continues to be an irritant to most of us, for sure.

2) Does OHSU have to give us the opportunity to work on Friday if we want to be paid and don't want to burn leave time?

No. If a work area is closed the employer is not required to provide alternative employment for the day.

3) Do we have to take vacation or comp time the day after Thanksgiving if our work area is closed?

No. You may take the day without pay if you wish to. If you want to be paid for Friday and your work area is closed then you will have to take paid leave.

4) If we take the day after Thanksgiving without pay does that mean we won't get paid for the Thanksgiving holiday due to the most recent contract language?

No. The contract says that you must be in paid status - working, comp time, vacation or sick leave - for the full regularly scheduled work shift immediately before and after the holiday. For those folks whose work areas will be closed the day after Thanksgiving the next scheduled work day will not be Friday but your next work day following Friday.
If your work area is open Friday, you must be in paid status on Friday to get paid for Thanksgiving.

5) Is everyone's work area closed the day after Thanksgiving?

No. Some are completely closed, some operate on a reduced schedule and for some, it's business as usual.

My department used to allow us to take our 15 minute breaks along with our half hour lunch to give us an hour for lunch. Now they say we can't do that anymore. Can you help us reinstate the previous practice?

No, unfortunately.

About 3 contract bargaining cycles ago OHSU was put on notice by the Oregon Bureau of Labor and Industries that OHSU could be subject to big fines - up to $10,000 per occurance - if they continued to let employees skip breaks or combine them with lunches. At the time the existing legal interpretations of the law were unclear, at least from the Union's perspective, and we got conflicting opinions from BOLI depending on who we asked.

However, the potential liability to the employer, if we were wrong, is huge and so the contract was changed to require that breaks be taken per the law.

That contract language is still in effect.

You may, under the law, occasionally combine a break with a lunch or skip a lunch. But occasionally means occasionally - not frequently, not regularly.

I had signed a paper to waive my rights for overtime for anything after 8 hours and I only get overtime after 40 hours. I was completely mislead by my department on the understanding of these terms so I would like to IMMEDIATELY cancel that waiver. Please contact me and let me know what needs to be done to get this done, thank you!!

All you need to do is send email or a memo to your supervisor withdrawing the agreement. These Waiver of Daily Overtime agreements are completely voluntary on both sides. If your supervisor gives you any static about your withdrawal, you should contact a steward via the KnowZone 503 239 9858 ext 132.

Can my boss make me sign a flex time agreement?

I occasionally get emails from members whose supervisor is asking, encouraging and - on a couple of occasions - ordering them to sign flex time agreements.

What is flex time? Well, first off, a flex time agreement is really a "Waiver of Daily Overtime" and the form can be found at the back of the contract.

According to our contract employees are entitled to overtime pay at the rate of time and one half for all hours worked in excess of 8 per day (or 10 per day if you work a 4/10 schedule) or 40 hours per week. This is important because state and federal law only require overtime when the employee exceeds 40 hours per week. There is no daily limit under the law. Only our contract confers this important right.

Now, sometimes employees have a reason to want to waive this important protection and only be paid overtime when they exceed the 40 hour per week threshold. Maybe they have a job with flexible workloads and they'd like to be able to work late on Thursdays so they can go home early on Friday, for example.

We have contract language which allows you to do this IF your supervisor agrees. There is a form appended to the contract called "Waiver of Daily Overtime."

If both you and your suprevisor agree you may both sign this form and begin working a flexible schedule.

Either one of you can cancel this agreement at any time.

But here's the thing:

Many supervisors would like you to sign this form because it means they can work you late one day and send you home early the next and never have to pay you overtime. They therefore ask or variously pressure employees to sign these agreements.

YOU NEVER HAVE TO SIGN ONE IF YOU DON'T WANT TO!

If you've already signed one and want to revoke it all you need to do is notify your supervisor that you wish to terminate the flex time agreement.

We fight hard to preserve the daily overtime requirement even though it is not required by law. We don't think members should give that away unless they have a good reason for doing so. But the choice is yours.

Can your boss approach you and ask if you are willing to sign an agreement? It's not a contract violation for the boss to do so, but you should never feel pressured to sign.

If you ever are pressured to sign a "Daily Waiver of Overtime" agreement you should call the Union KnowZone at 503 239 9858 ext 132 and ask for a steward to help you.

Will you advise how much notice a relief worker should receive before being required to report to work. My son works with a supervisor that randomly calls him into work; which is understandable, but it would be nice to get at least 24 hours notice if one is suppose to work.

There doesn't seem to be any requirement in the contract to give relief employees advance notice of work, however, the relief worker is only required to work 2 shifts over 2 pay periods. The relief worker is able to turn down work if it's too inconvenient. We don't think the boss can order the relief worker to work. Please note though, if the worker starts habitually refusing to work, the boss can just decide to stop calling them.

There is nothing in Article 7.33 that indicates that relief workers don’t receive notifications required elsewhere in the contract, but the article does say that the work is sporadic and without a set work schedule.


That leaves us with 26.3 c – 30 days notice or 26.8, posting of alternate rotating work schedules. If one does not have a set work schedule it is hard to argue that the Employer is required to give notice of a change to that non-schedule.


Also informative is 26.11; which seems to speak to work that becomes available on a short-notice basis.

In our unit we have self-scheduling, I'm wondering when there is a conflict between two employees, if seniority is a factor in deciding, the schedule???

In the contract seniority is used for the bidding of work schedules when those schedules are attached to a specific position. It was never intended that seniority be the way work schedules are determined from one day or one week to the next on an ongoing basis. If the method for scheduling in your work area is causing disputes it's probably a good idea to get back on the eZone and file a case, asking a steward for assistance.

After all employees have been scheduled according to their FTE, there are about 10% of shifts per month that aren't covered. These are open shifts that employees are allowed to bid on as overtime. If there are no bidders these shift remain unfilled and the scheduled workers are having to pick up the slack of not having that person there. This is a patient safety concern? You shouldn't have 2 people doing the job of 3. Is there anything that can be done according to the contract?

Not specifically, however, this is the kind of issue where there would probably be value in asking Local 328 staff to work with OHSU human resources to see if we could work out a solution.

When the lowest seniority regular employee is asked to leave for the day since there are no cases left to do, can a RN send that person home or does it have to be another higher seniority AFSCME person?

Sending an employee home due to lack of work is considered a temporary layoff. The contract is clear about how temporary layoffs are to be handled. See article 19.10 of the contract. The language belwo spells out the order of layoff. The full text of the article also spells out how benefits are handled and the annual cap of temporary layoff hours that an individual employee may be forced to accept.

19.10   Temporary Layoffs.  Temporary layoff is defined as a temporary interruption of employment because of lack of work or unexpected or unusual reasons.  A temporary layoff occurs whenever there is a shift curtailment or a shift cancellation.  A shift curtailment occurs when an employee does not work a portion of his or her scheduled shift.  A shift cancellation occurs when an employee does not work any portion of the scheduled shift.

19.10.1   Order of curtailment/cancellation.  Shift curtailment or cancellation shall take place in the affected work unit in the following order:

a.            Employees receiving overtime or other premium pay (consistent with the Employer’s right to assign and cancel overtime or premium pay)

b.            Employees who volunteer

c.            Temporary employees

d.            Employees working beyond their FTE requirement for the week

e.            Flex staff

f.             Relief employees

g.            Other regular employees in inverse order of seniority

Is there a rotating seniority to curtailment or will the low man on totem pole always be curtailed up until their 120 hrs?

Our Contract does not require rotation of curtailment.  You are reading the contract correctly.  There is an established order beginning with volunteers and ending with regular employees.  Seniority is applied to each of the categories and yes, if there are no volunteers or temps, it will go to the least senior probationary employee until s/he hits the 120 hours.  If all probationary employees reach their 120 hours it then moves to regular employees.

 

 

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