Section 23
OVERTIME
- Overtime premium shall be paid as follows:
- Time and one-half the regular straight time rate will be paid for all time worked in excess of eight (8) hours in an employee's workday.
- Time and one-half the regular straight time rate will be paid for all such hours worked in excess of forty (40) hours in an employee's work week; provided, however, that all hours
paid at the overtime rate must be actual hours worked and not those recorded as sick leave or a holiday. Hours recorded in excess of forty (40) hours per week as sick leave or holiday pay will be paid at a straight time rate.
- For the purpose of computing overtime pay for over forty (40) hours in an employee's work week, a holiday, a sick day, or a vacation day for which he/she receives pay will be counted as a day worked.
- Overtime premium shall not be pyramided, compounded or paid twice for the same time
worked.
- In general, overtime work shall be voluntary, provided, however, when at least forty-eight (48) hours advance notice of an overtime assignment is given, or when circumstances do not permit advance notice, an employee will be required to work unless sufficient other employees within the work unit capable of doing the work are available, in which case an employee who does not wish to work will be excused from overtime.
- Equalization of overtime hours shall be in accordance with the following provisions:
- Overtime hours will be divided as equally as possible among employees in the same
classification and shift in their work unit. The Supervisor responsible for the work unit will record overtime for equalization purposes by classification. The Steward responsible for the work unit and the employee will have access to the equalization records, upon request.
- When overtime is required, first a full-time employee then a part-time employee with the
least number of overtime hours in that classification within his/her work unit will be called first and so on down the list in an attempt to equalize the overtime hours. In this connection, the University need not call in an employee to work rather than extend the shift of an employee already at work.
In cases of emergency, the Employer may call the most available employee regardless of equalization standings. Employees in other classifications may be called if there is a shortage of employees in the classification needed. In such cases they would be called on the basis of least hours of overtime in their classification, provided they have the ability to do the work.
In any event, as the Employer could be faced with having insufficient employees to perform necessary work during any given voluntary overtime period, it shall have the right without prior notice to appoint the number of qualified employees required to work the overtime period on the basis of inverse seniority.
- Time not worked because the employee does not choose to work, will be charged against
the employee's overtime equalization record, such charge to be three (3) hours or the
average number of overtime hours of the employees working during that call out or
overtime period.
- Employees who change classifications will be charged with the highest number of overtime
hours that exist in the new classification on the day they are reclassified.
- The employer is not required to follow the equalization of overtime if the employee whose absence requires an overtime situation fails to notify the employer twenty-four (24) hours in advance of their scheduled shift. When an employee cannot be contacted by telephone they will be considered unavailable. If an employee is not called in for overtime work in accordance with this clause he/she shall be given the next overtime available when that
employee is available.
- Should an employee work any overtime during a scheduled work week, the employee will
not be rescheduled during the same work week in order to circumvent overtime payment.
An exception would be when mutually agreed between the employee and the supervisor.
- Excess overtime hours shall be reduced to zero (0) every July 1.
- When it is anticipated that overtime will be necessary for an extended and/or indefinite period of time, the Employer will give advance notice to the employees in the classifications involved. This shall not apply in cases of emergency. Any such overtime shall be equalized in accordance with Paragraph D. of this Section.
- Employees may be granted time off with pay rather than receiving overtime pay. All hours granted as time off
with pay for hours worked in excess of forty (40) hours per week or eight (8) hours per day are to be considered
as compensatory time and scheduled as one and one-half (1½) hours for each overtime hour worked.