KM Unit – ART. 12: Hours of Work

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ARTICLE 12 – HOURS OF WORK  

A. Standard Work Week, and Work Shift 

  1. The workweek for employees shall be from 12:01 a.m. Sunday  morning to 11:59 p.m. the following Saturday. Workweeks  beginning and ending on a day other than the above may be  scheduled by the University.
  2. Work Schedule shall be defined as an employee’s normally  assigned days per week and the normally assigned hours of  work. The University will provide the Union with the current  work schedules of bargaining unit employees upon ratification  of this Agreement.
    1.  The standard work schedule for full-time employees shall  be forty (40) hours per workweek, shall be scheduled in shifts of eight (8) hours with each shift containing a thirty (30) minute or sixty (60) minute unpaid meal period.
    2. A standard work schedule shall consist of five (5)  consecutive workdays and two (2) consecutive days of rest exclusive of holidays, provided, however those employees in continuous operation whose work schedules may be altered to accommodate regular rotation changes in shifts would be exempt for the period of rotation.

B. Meal Periods 

  1. Every three (3) months each employee shall choose their  preferred schedule of a thirty (30) minute lunch or sixty (60)  minute lunch. Such meal period shall not count as time worked  nor time on pay status.
  2. An employee who is required to return to work during a  scheduled meal period and whose meal period is not rescheduled  shall be paid for the meal period at a premium of time and one  half (1-1/2) per hour.
  3. An employee required to stand watch and remain on the job at  their work station for their full shift period shall be permitted to  take a meal period, not to exceed thirty (30) minutes, when and  as their duties permit. Such meal period shall be counted as time  worked.
  4. An employee, except a watch stander, who works a period of six  (6) continuous hours or more from the last scheduled meal  period, shall be permitted to take an unpaid meal period not to  exceed thirty (30) minutes, if conditions permit.
  5. The University agrees to reimburse employees who are traveling  on official University business for meals, under the same terms  and conditions as allowed by UC Merced policy.

C. Work Schedules: Shift Hours 

    1. Work schedules shall be posted on bulletin boards for four (4)  weeks in advance and shall remain posted throughout the life of  the schedule.
    2. The standard eight (8) hour shift hours shall be from 7am to 3:30pm for day shift, 3pm to 11:30pm for swing shift, and 11pm  to 7:30am for night shift.
    3. The standard ten (10) hour shift hours shall be from 7:00 a.m. to 5:30 p.m. or 5:00 a.m. to 3:30 p.m. for day shift or 5:30 p.m. to  4:00 a.m. or 3:30 p.m. to 2:00 a.m. for night shift. The work  schedule shall consist of four (4) consecutive workdays.
    4.   The standard twelve (12) hour shift hours shall be from 5:30 a.m.  to 6:00 p.m. for day shift and 5:30 p.m. to 6:00 a.m. for night  shift. The standard four (4) hour shift shall be 5:30 a.m. to 9:30 a.m. for day shift and 5:30 p.m. to 9:30 p.m. for night shift.  The work schedule shall consist of four (4) consecutive  workdays.
    5. The work shifts and work weeks of all personnel shall be bid bi annually by seniority or whenever new shifts or work weeks are  created, as provided for the in C7 below.
    6. All shift rotations shall be scheduled so that each employee is  guaranteed the same number of hours within the pay period that  they would have received had there been no shift change.
    7. Management shall provide to the affected employees and the  Union thirty (30) calendar days’ notice of its establishment of a  new shift or work week. If the Union requests a meeting within 10 days of receipt of the notice of the establishment of a new  shift or work week, parties shall meet and discuss the effect to  the new shift or work week. Such discussion will not delay nor  prevent the establishment or implementation of new shift or  work week.
    8. An employee shall be notified of any change to an existing work  week or shift at least five (5) working days in advance, except  for an emergency.
      1. An emergency, critical services and plant operations, as  used herein is defined to mean an occurrence of a serious nature, developing suddenly and unexpectedly, requiring immediate action to protect property, equipment, life,safety, and health, including affected research.
      2. When a change in work week or shift is made without the  requisite five (5) working days’ notice, excluding changes to meet emergencies, an employee will be compensated at the overtime rate defined in Article 14- Overtime, of this Agreement for all time worked on the new schedule or shift during the five (5) working-day notice period.
  1. If an employee reports to work as scheduled and is not notified  that their work schedule has been changed, they shall be paid for  four (4) hours at the regular work hour rate.
  2. Alternate 4/10 work schedule shall consist of forty (40) hours  per workweek, shall be scheduled in four (4) shifts of ten (10)  hours with each shift containing a thirty (30) minute unpaid meal  period.
  3. Alternate 3/12 + 1/4 work schedule shall consist of forty (40)  hours per workweek. Scheduled three (3) twelve (12) hour shift  and one (1) four (4) hour shift per week, with each twelve (12)  hour shift containing a thirty (30) minutes unpaid meal period.
  4. An alternate 9/80 work schedule shall consist of nine-hour shifts  on four consecutive days during each calendar week plus an  additional eight-hour shift every other week. In calendar weeks  in which the employee works the eight-hour shift, the eight-hour  shift shall be worked on (1) the day following the fourth  consecutive nine-hour workday or (2) on the day prior to the four  consecutive nine-hour workdays.

 

D. Rest Periods 

Rest periods not to exceed fifteen (15) minutes may be granted to  employees no more than twice (2) in an eight (8), or ten (10) hour  shift, and no more than three (3) times in a 12-hour period. Rest  periods not granted, or granted and not used, shall not be  accumulated. Rest periods shall be granted unless operational  necessity requires that they be denied, but if denied shall be granted  as soon as practicable thereafter. A rest period cannot be taken in the  first or last hour of the shift.

E. Clean-up Period 

A clean up period shall be deemed University, not personal time.  Each employee may be permitted an appropriate length of time for a  clean-up period at the end of each work shift, as necessary, not to  exceed fifteen (15) minutes.

F. Call-Back Time 

  1. Call-back refers only to those instances when an employee is  ordered back to work without prior notice after completing a  shift or those instances when prior notice is given but the work  begins at least three (3) hours after the completion of the regular  work schedule.
  2. An employee who is called back shall receive credit for a  minimum of four (4) hours of work time.
  3. Call-back shall be paid at the rate of one and one-half (1-1/2) times the regular hourly rate.
  4. The department shall select employees by trades/job family  (Appendix J) to be called back in order of seniority and qualified  skill sets. The call back list shall be posted.

 

G. On-Call 

  1. On-call is time during which an employee is not required to be  at the work location but is expected to be available for return to  work. An employee placed on-call shall be compensated at  twenty percent (20%) of their base rate for each hour on-call.  Management requires the employee to meet all of the following  conditions: 1) to be reachable by telephone; 2) to remain within  a forty-five (45) minute response time of UC Merced; and 3) to  refrain from activities which might impair their ability to  perform assigned duties. An employee who is called to work  shall receive credit for a minimum of four (4) hours at the rate  of one and one- half (1-1/2) times the regular hourly rate.
  2. Employees may volunteer to work on-call assignments and  qualified volunteers will be assigned first. In the absence of  sufficient, qualified volunteers, the University shall make on call assignments and shall attempt to allocate on-call  assignments equitably among all qualified employees in the same classification in the same organizational unit and work  location. In the assignment of on-call work under this provision,  management may consider special skills to perform particular  work.
  3. Employees contacted by management or designee while on- call  or during non-scheduled hours, and asked to work remotely  (e.g., answering questions over the phone or logging into a  computer) shall be paid a minimum of one (1) hours of pay if  the employee responds. Employees will be paid for actual time  worked if it exceeds one (1) hours. Employees will be paid no  more than one (1) hour of pay if they are contacted on multiple  occasions during the same hour. Employees contacted on  multiple occasions during the day with the exception of multiple  contacts within the same hour, will be paid a minimum of one  (1) hour per occurrence.

H. Trading of Shifts 

An employee may request in writing to trade shifts with another  employee. Upon receipt of such written request, a supervisor, at their  discretion, may approve the request. No penalty payment will be  made for shifts traded at the request of the employee.

I. Temporary Work Location

If an employee is temporarily assigned to work at a location other  than in their regularly assigned section or geographical area, they  shall report to the new work location unless otherwise directed by  the University.

J. Administrative Leave for Emergencies 

The Chancellor may grant administrative leaves with pay for a  specified duration due to natural or other emergencies, or an  employee may request unpaid leave for that purpose. To be eligible,  an employee must be scheduled to work and is not on paid, or unpaid  leave on the day(s) of the emergency, and the employee must  coordinate leave requ ests with their supervisor.

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