ARTICLE 9
OVERTIME
A. Definition
Overtime shall be defined as those hours which are worked by an employee in excess of eight (8) hours in one (1) day (or regularly assigned shift) or forty (40) hours in one (1) week. For example, employees assigned a shift comprised of a four (4) day work week containing four (4) ten (10) hour work days shall be paid time and one half for all hours actually worked in excess of ten (10) hours per day or forty (40) hours per week.
Holiday(s), vacation day(s), jury duty or witness leave, and day(s) on compensatory time off shall be included as hours worked for the purpose of determining those hours worked in excess of forty (40) hours in one (1) week.
B. Compensation
All hours worked over eight (8) hours in one (1) day or forty (40) hours in any one (1) week shall be compensated at the rate of one and one – half (1 1/2) times the regular hourly rate of pay. Shift differentials shall be included in the regular hourly rate of pay.
Unless the employee and the University agree otherwise, overtime will be paid. An employee may, upon hire and thereafter during the months of January and June, file a written indication of preference for either compensatory time off or pay with her/his immediate supervisor. The University shall grant the preference indicated. If no preference is indicated to the department in the annual January and June periods for changes, the employee’s previous election shall continue.
No more than one hundred twenty (120) hours of overtime which require compensation at the time and one – half (1/2) rate (that is, one hundred eighty (180) hours of compensatory time off) may be accumulated. An employee shall be paid for hours of overtime which exceed this limit.
C. Scheduling Compensatory Time Off
Compensatory time off shall be scheduled by the Department Head and taken within two (2) six (6) month bank periods (January 1 – June 30; July 1 – December 31). Banked compensatory time off which is not paid or scheduled within the banked period in which it is earned or the banked period following that in which it is earned shall be paid in the next regularly scheduled pay period.
When compensatory time off is taken or paid, it is compensated at the employee’s current rate of pay. However, upon separation from employment, compensatory ti e off accrued at the time and a half rate shall be paid at the employee’s current rate of pay or at the employee’s average rate of pay for the last three (3) years, whichever is higher.
Employees may request use of compensatory time off; such requests will be granted subject to the operational needs of the University. Use of compensatory time off requires prior approval in accordance with departmental policy. The University may require employees to take compensatory time off.
Any accrued compensatory time off shall be paid to the employee when the employee leaves the bargaining unit, but remains employed by the University.
The compensatory time off provisions of this Agreement shall not apply to watch standers.
D. Scheduling of Overtime
As soon as practicable after the University decides the need for overtime or additional work, the University shall notify the employee(s) it selects that overtime must be worked or that the employee must work beyond his/her regularly assigned shift. An employee may be permitted to decline such assignments under special circumstances. However, wherever it is necessary to meet the operational requirements of the University, the University shall have the right to require the performance of such work, including requiring employees to remain at work after conclusion of their shift until relief is available. If an employee is ordered to work planned overtime and if the employee has received less than twenty-four (24) hours advance notice, the employee shall be paid at the rate of one and one-half (1 1/2) times the regular hourly rate of pay for any such hours worked.
E. Distribution of Overtime
1. Overtime shall be assigned based upon the employee’s ability to perform the work and operational needs of the University. The University shall post a monthly and year-to-date record of overtime distribution in each shop or work location.
2. Planned Overtime
To the extent possible, in accordance with the provisions of section E.1., planned overtime shall be offered to the most senior employee, then the next most senior and so on, until all employees in the shop or work location have been offered overtime, at which time, the most senior employee is again offered an overtime assignment. For the purpose of this section, seniority shall be based on the employee’s time in the classification in a shop or work location.
F. No Pyramiding of Overtime
There shall be no compounding/pyramiding of overtime payments.
G. Overtime Meals
When an employee’s regularly assigned shift is extended more than three (3) hours, and that period extends past the employee’s regular meal time, he/she shall be reimbursed for actual meal expenses up to a maximum of ten dollars ($10.00). A person who has been called in to work overtime, or works planned overtime, is not entitled to be paid for a meal, even though this overtime requires him/her to work past a regular meal time.