Gabinete de Control BCS

Accumulate Schedule & Use Pay-out

July, Aug, Sept, Oct. Nov., Dec., Jan. Feb. Nov., Dec, Jan, Feb. Mar, Apr. May June Mar, Apr., May, June July, Aug., Sept. Oct.

(5) For those Employees not included in the exempt category, by mutual agreement with the State, Employees may elect compensatory time instead of overtime pay. The State shall schedule such compensatory time off at a mutually agreed time by the end of the following period. This clause shall apply to Employees in the P-1 bargaining unit who are not engaged in direct patient/client care and to those Employees in the NP-6 unit who are involved in recreation or community liaison activities or other Employees as determined by mutual agreement of the Union and the State. Employees shall not be pressured to choose compensatory time in lieu of overtime.

(7) When practicable, overtime checks shall be paid not later than the second payroll period following the overtime worked.

SECTION FIVE. CALL BACK PAY.

Employees who have left work after the end of their scheduled work shift and who are called back to work by the Employer shall receive a minimum of four (4) hours pay. Part-time Employees under twenty (20) hours who are called in under these circumstances shall receive a minimum of two (2) hours pay. However, this guarantee shall apply only once during any twenty-four (24) hour period. This provision shall not apply to Employees who are called in early prior to their regular starting time and work through their regular shift.

SECTION SIX. (A) In the event the Employer wishes

to change a facility work schedule or establish a schedule which involves work in two different shifts in new or existing facilities during the life of this Agreement, three (3) weeks written notice shall be given to the affected Employee(s), the delegate, and the Union offi ce. The Employer shall meet and negotiate with the Union if the Union objects to the proposed schedule. If agreement cannot be reached within three (3) weeks of notifi cation to the Union, the Employer shall make the changes it deems advisable. The Union shall have the right to request arbitration following the schedule change implementations. The arbitrator in rendering a decision must give weight to the following factors in the following order of priority: the impact on patient/client care and service to their families, the impact on the Agency/Department, and the impact on the Employees. The arbitrator shall not be empowered to direct the Employer to hire additional staff or require additional overtime compensation provided the Employer has not reduced the number of Employees and thus reduced the Employee/patient ratio prior to this change in schedule.

The provisions of this subsection expire automatically on the expiration date of this Agreement unless the parties mutually agree to incorporate them in a successor agreement.

(B) During the life of this Agreement, establishment or disestablishment of nonstandard or unscheduled workweeks shall be approved by the Director of the Offi ce of Labor Relations, and the Union shall be given three (3) weeks notice of such changes. Upon request, the Employer shall meet and discuss such changes with the Union.

Changes from a standard to a nonstandard or to an unscheduled workweek or any other such change shall be made on the basis of reasonableness. No change in work schedule shall be made for the primary purpose of avoiding the payment of overtime or to mitigate the impact of the Fair Labor Standards Act. The State and the Union shall receive and discuss suggestions from the Union to modify such work weeks once established.

(C) Upon request, the Employer and the Union shall discuss

fl exible or compressed work schedules. Flexible work schedules may be established by mutual agreement with the approval of an appropriate management designee at the department/Agency level and the Director of the Offi ce of Labor Relations.

SECTION SEVEN. Except in emergency situations, agencies

shall notify Employees and the Union three (3) weeks before a change in individual work schedule is to be effective when such change is mandated by the Employer. Once the schedule has been posted, the Employer shall not reschedule an individual’s day off or hours of work with the intent to avoid payment of overtime compensation. This provision shall not diminish Employees’ rights to bid for pass days in accordance with Section Eight. Nor shall this Section prevent management from scheduling a compensatory day for a holiday with less than two (2) weeks notice.

SECTION EIGHT. If an agreed on schedule has fi xed pass

days for Employees, Employees may bid for more favorable pass days on the same shift when they become available within their classifi cation and such days shall be granted on the basis of seniority, provided the Employee has the ability and training necessary to perform the job.

SECTION NINE. Employees work schedules shall be

posted at the work site at least two (2) weeks prior to the start of the scheduled period.

SECTION TEN. Present practice shall be maintained with

reference to Employees substituting for one another.

SECTION ELEVEN. Provided Agency needs are met, an

Employee on an unscheduled workweek shall be responsible for adjusting his/her own work hours in consultation with his/her supervisor.