Etapa 2: Sala de Control SE Casa de Fuerza {Ruta N º 1)

(A) (1) The Employer shall survey all Employees in each classifi cation at each Agency, institution or facility to determine willingness to work overtime. A list of all volunteers shall be posted with Employee names to be added or removed by written request.

(2) An Employee who has not volunteered for overtime work in accordance with subsection (A)(1) above, shall not be

penalized for such refusal.

(B) (1) Consistent with Agency operating needs, the Employer shall equally distribute overtime among qualifi ed Employees in a classifi cation who have volunteered for such work. If no qualifi ed volunteers are available, the Employer shall, as far as practicable, distribute such overtime among qualifi ed Employees who normally do such work.

(2) There shall be no basis for any Employee claim for compensation in any form for hours not worked.

(3) The Employer shall allow representatives and/or delegates of the exclusive representative to inspect records of overtime work.

(C) (1) The Employer can request overtime work of staff presently on duty when an emergency exists and time does not allow use of the overtime roster.

(2) A refusal to work overtime when ordered by an appropriate authority shall subject an Employee to disciplinary action.

(D) An Employee or the Union can grieve beginning at Step II a pattern of unreasonable or excessive assignment of overtime or use of the emergency provision in subsection (C)(1) above.

(E) The above procedure on distribution of overtime shall apply to part-time Employees under twenty (20) hours who volunteer to work more than their regularly scheduled hours. The extra work shall not be deemed eligible for special overtime compensation unless the criteria in Section Four are met.

SECTION THIRTEEN. MANDATORY OVERTIME.

(A) The parties shall develop a rotation system for equal

promotes maximum reliance on volunteers for all overtime assignments. Employees shall not be mandated to work overtime except in an emergency. An emergency shall be defi ned as a weather emergency or other event where the governor closes state offi ces, a lockdown in a correctional institution, or when the number of actual staff reporting to work is below minimum safe levels or legal requirements. If such a mandate takes place, the affected Employee shall be compensated at a rate double his/her regular hourly rate. The Employer is obligated to schedule staff at or above minimum safe levels.

(B) In the event that an Employee is held over on his/her normal shift, the Employer shall inform him/her as soon as possible of the anticipated length of the holdover. Any Employee who is held over more than fi fteen (15) minutes beyond the shift shall receive a minimum of one (1) hour overtime work at the applicable rate.

SECTION FOURTEEN. PROCEDURES FOR IMPROVING

VOLUNTARY OVERTIME. (A) The parties at each facility shall

meet to review present practices or agreements regarding the assignment of overtime with the purpose of developing improved procedures for the assignment of overtime. The parties shall attempt to improve present procedures in the following areas:

(1) Recruitment of volunteers so that the need for mandatory overtime is eliminated or substantially reduced.

(2) The equalization of mandatory overtime assignments and the assignment of mandatory overtime by rotation method which allows Employees to predict, as much as possible, whether they will be mandated on a particular day.

(3) The anticipation, based on leave and vacation requests, Employees on sick leave or Worker’s Compensation, or other leaves, and expected rate of unscheduled absences, of the need for overtime as far into the future as possible, and the pre-scheduling of voluntary overtime to meet such needs.

(4) Consideration of additional part-time Employees for the purpose of reducing mandatory overtime.

(B) The parties at each facility shall attempt to reach agreement on the system to be utilized there. Once a system is in place, the parties shall

meet on a regular basis to review the effectiveness of the system and to make whatever changes are necessary to make the system serve the above goals.

(C) If there is a dispute about either (i) which system best serves the above goals, or (ii) proposed changes, either party may submit the dispute directly to arbitration for a recommendation provided however, that the arbitrator shall not have the authority to make any recommendations with respect to staffi ng levels. There shall be no appeal from the arbitrator’s recommendations.

SECTION FIFTEEN. GRAND ROUND HOURS.

Employees who are required to perform grand rounds at hospitals in order to maintain privileges at said hospital(s) shall have the hours spent on this activity considered as hours worked.

SECTION SIXTEEN. PHYSICIAN WORK SCHEDULES.

All full time Physicians shall work a 40 hours standard work week. It is understood that all full-time physicians whether classifi ed as Staff or Principal have a responsibility and duty to respond to calls concerning their patient/client caseload. This responsibility is regardless of any Night Duty or Standby Night Duty assignment. At worksites where a protocol for this available consultation has not been established, management shall work with the Union to establish a protocol. In the event that the Parties cannot agree, management shall institute its protocol and the Union shall have the right to submit the issue to expedited arbitration. In any such arbitration, the arbitrator shall consider; the impact on patient/client care, the impact on the Agency/Department, and the impact on the Employees.

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