20.

ARTICLE 20
 

HOURS OF WORK AND OVERTIME
 

Section 1 - General
 

A. A change in the administrative workweek and changes in the regularly scheduled administrative workweek are considered changes in conditions of employment for purposes of the notice requirement of Article ____ of this Agreement. There are laws and governmentwide regulations specific to certain groups of employees such as physicians, dentists, personnel covered by the Baylor Plan, and firefighters. Where there is a conflict with this Article, those laws and governmentwide regulations shall apply.
 

B. A rest period of fifteen (15) minutes duration will be allowed each employee twice during each eight (8)-hour day, normally one in the first half and one in the second half of the shift. A rest period of ten (10) minutes duration will be allowed each employee during each period of extended shift overtime of at least 2 hours duration. On days when all work is overtime, or in the case of extended shifts, a rest period of fifteen (15) minutes will be allowed for each period of four (4) hours worked. Rest periods will not be added to periods of leave or the beginning or end of the employee's work shift. Management will not restrict employee mobility during rest breaks except for those positions which require employees' constant presence.
 

C. "Basic work requirement" means the number of hours, excluding overtime hours, that an employee is required to work or is required to account for by leave or otherwise.
 

Section 2 - Work Schedule Options (AWS and Credit Hours)
 

A. General - This section sets forth the procedures to be followed for Alternative Work Schedule (AWS) including flextime, compressed work schedules, and credit hours. This section also provides a menu of options for local bargaining/partnership for employees to participate in these plans. AWS means a schedule other than the traditional eight (8) hours fixed shift. Flexible work schedules and compressed work schedules are included within the definition of an alternative work schedule. Other variations of AWS may be negotiated locally to expand opportunities for bargaining unit employees.
 

B. Flextime
 

1. "Flexible work schedule" means an eight (8)-hour work day in which the employee may vary the time of arrival and/or departure. A flexible work schedule includes core time and a flexible band. "Flexible time" and "flexible bands" mean the specific periods of the workday during which employees may opt to vary their arrival and departure times. Whenever possible, the flexbands shall be 6 a.m. to 6 p.m.
 

2. "Modified Flextour" is a type of flextime where an employee selects a starting time within the established flexible time band. This establishes the employee's assigned schedule; however, the employee is allowed fifteen (15) minutes flexibility on either side of the selected arrival time. For example, an employee selecting 7:30 a.m. as a starting time under modified flextour may report for work any time between 7:15 a.m. and 7:45 a.m. Changes in starting time must be approved by the supervisor.
 

3. "Flex-in/flex-out" - Employees working a flexible schedule will be allowed to flex out and in during the workday, subject to supervisory approval. If a combination of an employee's starting time and the amount of time the employee is away from the worksite precludes the completion of a full workday prior to 6 p.m., the employee will be placed in the appropriate leave category at his/her request or charged AWOL, as appropriate.
 

4. "Core hours" means that period of time when all employees on a particular shift are expected to be at work.
 

C. Compressed Work Schedule (CWS)
 

1. "Compressed Work Schedule" (CWS) means, in the case of a full time employee, an eighty- (80) hour biweekly basic work requirement that is scheduled for less than 10 workdays; and, in the case of a part time employee, a biweekly basic work requirement of less than eighty (80) hours that is scheduled for less than ten (10) workdays and that may require the employee to work more than eight (8) hours in a day.
 

a. "5-4-9" is a work schedule that includes eight (8) workdays of nine (9) hours each plus one (1) workday of eight (8) hours within the biweekly pay period.
 

b. "4-10" is a work schedule that includes eight (8) workdays of ten(10) hours in each biweekly pay period.
 

c. "6-12-8" is an eighty- (80) hour bi-weekly basic work schedule that includes six (6) twelve- (12) hour workdays and one (1) eight- (8) workday.
 

2. Requests for CWS
 

a. Each employee desiring to work under a CWS plan should submit a written request to his supervisor for a decision. The employer will act upon these requests as soon as possible, but in no case later than thirty (30) days after the request is made. Employees already established in a CWS will not be required to file a new request for each new requesting period.
 

b. All new employees or re-hires will be given the opportunity of requesting participation in the CWS plan.
 

c. Once operational needs are taken care of, any other conflicts in scheduling that result will be resolved in favor of the employee who has seniority as defined locally.
 

d. Employees who wish to terminate or change their participation in a CWS may do so at the beginning of any pay period after notifying their supervisor at least one pay period in advance or as negotiated locally. Hardship situations will be considered.
 

e. Employees currently participating in a CWS arrangement may continue at their option.
 

f. Conflicts in scheduling that involve more requests for a particular day off than can be accommodated will be handled in accordance with the provision of subsection c above. Hardship situations will be considered.
 

g. Existing policies and practices remain in effect unless in conflict or inconsistent with this Article.
 

D. Credit Hours
 

1. Definition
 

Those hours in excess of the employee's daily tour of duty which are performed at the employee's option with approval of his/her supervisor so as to vary the length of a succeeding workday or workweek.
 

2. Procedures
 

a. Participating employees, including flextime/flextour participants and part-time employees, will be authorized to earn up to three (3) credit hours per day, provided that there is work available for the employee and it can be performed at the requested time(s).
 

b. Credit hours may be earned in 1/4-hour increments and may be used in 1/4-hour

increments.
 

c. The maximum number of credit hours which a full-time employee may carry over from pay period to pay period is twenty-four (24) hours. A part-time employee may not carry over more than one quarter of the hours in her basic bi-weekly work scheduled from pay period to pay period.
 

3. Request to Work Credit Hours
 

a. Normally, the employee will request to work credit hours during the workday preceding the day he wishes to work. This request will be submitted to the immediate supervisor. In the supervisor's absence, the request will be submitted to the next level supervisor. The request will be documented as approved or denied by the supervisor as soon as possible on the same day submitted.
 

b. The above procedure does not preclude the working of same day credit hours upon mutual agreement of the supervisor and the employee.
 

E. Exceptions
 

1. CWS and Fixed Shift Employees
 

The parties agree that there are situations that may not readily accommodate a plan described in this section. Consideration and disposition of such situations will be made on a case-by-case basis, subject to partnership/local bargaining.
 

2. Adverse Impact
 

If a facility experiences adverse impact pursuant to 5 USC 6131 with either the AWS or credit hours, negotiations in accordance with Article ___ of the Master Agreement will begin immediately to attempt to resolve the impact to both parties' satisfaction.
 

3. Temporary Suspension of AWS and/or Credit Hour Plan
 

Temporary suspension of AWS and/or Credit Hours may be made for up to fourteen (14) days by a facility director, for a bona fide emergency, subject to immediate partnership discussions or negotiations.
 

F. Special Provisions for Suspension of CWS
 

1. CWS may be suspended when employees are attending and/or conducting training beginning and ending times which would conflict with their CWS schedule.
 

2. An employee will continue to participate in the CWS plan while in travel status unless there is a need to change the work schedule, for example, the hours of operation at the travel site differ from those of the employee.
 

G. Miscellaneous
 

1. If the Department proposes to make any change to the AWS Plan (including the CWS Plan and Flextime Plan) or the Credit Hour Plan of bargaining unit employees or to restrict the application of the Plans to any new position, the Union will be notified and given an opportunity to bargain.
 

2. In the performance of labor-management activities, employees who are AFGE representatives will be given the opportunity to work the AWS Plan and/or the Credit Hour Plan in accordance with the provisions of this Agreement.
 

3. The parties understand and agree that credit hours or compressed work schedules will be initiated by the employee and will be subject to approval by the supervisor. In contrast, the parties understand and agree that overtime and compensatory time (with the exception of religious compensatory time) are initiated by the Employer. Flextime will be requested and bargained locally for employee groups or organizational entities.
 

4. In maintaining adequate staffing coverage, it is agreed and understood that management will approve CWSs in a fair and equitable manner. In order to maintain appropriate resources by positions, management will approve employee requests for

specific schedules.
 

5. The Department will provide the Union with advance written notice of any survey or study concerning AWS and/or credit hours in which information is sought from bargaining unit employees.
 

6. This Agreement does not preclude an employee from requesting an altered tour of duty for specific personal reasons.

H. Lunch Breaks
 

The Department will continue the existing lunch and break arrangements. If the Department determines that an adjustment to lunch and/or breaks is necessary to solve any significant public service or operational problems caused by the AWS Plan, the Union will be given the opportunity to bargain on such changes in working conditions.
 

Section 3 - Tours of Duty/Scheduling
 

A. For the purpose of this section, these definitions of terms are used:
 

1. Established Tour - A tour of duty approved with a specific beginning and ending time.
 

2. Work Shift - 1st (days), 2nd (evenings), 3rd shift (nights) within twenty-four- (24) hour period.
 

B. An employee's workweek will usually not extend over more than five (5) days of the period Sunday through Saturday.
 

C. Employees will not be scheduled to work more than two (2) of the established work shifts (days, evenings, and nights) within any seven (7) consecutive day period unless the parties locally agree to a period longer than seven (7) consecutive days.
 

D. Except in emergencies, employees will not be required to report to work unless they have had at least twelve (12) hours off-duty time between work tours. Exceptions may be made with the approval of the employee and supervisor. This will not preclude work on an overtime basis.
 

E. Rotation - Scheduled off-tours will be rotated fairly and equitably among affected employees, i.e, day/evening, day/night.
 

F. Rotation of weekends and holidays will be on a fair and equitable basis within a group and may be a subject for local bargaining. The weekends are defined as Saturday and Sunday and may be expanded to include Friday or Monday when scheduling permits.
 

G. Records of weekend and off tours will be kept by management to ensure fair and equitable treatment of employees. These records will be readily available for review.
 

H. Seniority among employees with comparable qualifications will be the determining factor for access to a preferred tour. Seniority will be defined locally.
 

I. Excessive use of overtime in any area will be evaluated by the Union and Management to review staffing options.
 

J. Shift schedules and areas of assignment will be posted at least fourteen (14) days in advance. Every effort will be made to assure that work schedules will not be for more than six (6) consecutive days for eight hour tours, three (3) consecutive days for twelve (12) hour tours, and four (4) consecutive days for ten hour tours with no less than two (2) consecutive days off. Changes in the above procedures will not be made without consultation with the Union.
 

K. When change of uniform is required or permitted, the Department will provide ten (10) minutes at the beginning and ending of tour for the employees to change clothes.
 

L. The Department will permit reasonable clean-up time at the end of each shift for the purpose of returning tools, clean up the work areas and machinery as necessary in each work area. No employee shall be required to remain after the end of his/her shift for the purpose of cleaning up his designated area.
 

Section 4 - General Overtime Provisions
 

A. Overtime shall be distributed in a fair and equitable manner.
 

B. When an employee works overtime, whether covered by the Fair Labor Standards Act or exempt, such overtime will be paid in increments of fifteen (15) minutes.
 

C. Employees shall be paid differential and premium pay in addition to the overtime compensation in accordance with applicable regulations.
 

D. It is agreed that nonbargaining unit employees shall not be scheduled on overtime to perform the duties of bargaining unit employees for the sole purpose of eliminating the need to schedule bargaining unit employees for overtime.
 

E. When employees in a voluntary situation indicate in advance that they will work overtime, the Employer should have an expectation that they will keep their commitment. It is understood that employees occasionally may be unable to report for assigned overtime work. Therefore, an employee who volunteers for overtime work and fails to report as scheduled without good cause may have his or her name placed at the end of any overtime roster.
 

F. Employees who are called back to work for a period of overtime unconnected to their regularly scheduled tour or who work overtime on their day(s) off are entitled to a minimum of two (2) hours overtime pay. Employees called in for emergency work outside their basic workweek shall not normally be required to perform nonemergency functions. This does not preclude employees from being called in to provide coverage in nonemergency situations.
 

G. Rosters of employees will be utilized to determine overtime, voluntary or mandatory. The mechanics and eligibility of the rosters are subjects for local negotiations, and seniority will be a criterion. The Department will make available to the Union, upon request, current records of overtime assignments.
 

H. Employees required to work through their nonduty meal period shall be paid for such time.
 

I. In the event of an extension of a regular work shift into an evening or night work shift for more than a three- (3) hour overtime work period, reasonable time will be allowed, when possible, for procurement and eating of food no later than three (3) hours after the overtime starts. Responsibilities while eating will be the same as regularly scheduled employees.
 

J. Those employees eligible by Title 5 or Title 38 can accrue and use compensatory time when approved by Management.
 

Section 5 - Paid On-Call/Standby
 

A. Normally, volunteers will be used to perform on-call or standby duty before assigning such duty to nonvolunteers.
 

B. Scheduled on-call will be rotated among all qualified staff. Records of on-call shall be kept by management and made available to the Union upon request. If funding permits, employees scheduled for on-call duty shall be issued pagers or other mobile technology which will be used to notify them of a need for their return to duty.
 

C. On-call employees shall not be expected to work more than sixteen (16) consecutive hours, except in rare and unusual circumstances.
 

D. If on-call employees are called back to the station, they shall receive a minimum of two (2) hours of pay.
 

E. Employees will not be required to stay at home or wear and respond to beepers/pagers unless they are in a pay status.
 

F. Employee participation in nonpaid, on-call status shall be voluntary.
 

G. Employees shall not be scheduled on-call while on annual leave.
 

H. On-call employees will normally not be utilized for nonemergency work. (NOTE: Supervisors should not require the employee to perform "busy work" just to keep the employee at work for a full two hours. This Section was not intended to open for debate whether or not the official who called the employee in for work was correct in his determination that an emergency need was present.)
 

I. If an on-call or standby tour of duty is terminated in a work unit, the decision and reason shall be specific and in writing and forwarded to the Union to fulfill bargaining obligations.
 

J. Those employees currently in a standby pay retention status will continue to be paid under the provisions of 38 USC 7457(c).
 

K. Those facilities having locally negotiated agreements will continue to honor those agreements so long as they do not conflict with the Master Agreement. A conflict shall be resolved in favor of the Master Agreement.

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ARTICLE 21