2019 - 2023 Local 39 Memorandum of Understanding: Article 8: Hours of Work and Overtime

International Union of Operating Engineers, Stationary Engineers - Local 39

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8.1 Purpose of this Article

This Article describes the parties' agreement on matters within the scope of bargaining related to schedules, hours, and overtime. Hours specified under types of employment in this Section indicate the County's commitment to the minimum and maximum hours each employee shall be regularly scheduled, as long as there is sufficient work.

8.2 Application

Article 8 applies to the following types of employment:

Full-Time: An allocated position which is regularly scheduled to work eighty (80) hours in a bi-weekly pay period of fourteen (14) consecutive calendar days.
Part-Time: An allocated position which is regularly scheduled to work less than eighty (80) hours in a bi-weekly pay period of fourteen (14) consecutive calendar days. Part-time employees shall be eligible to receive vacation, sick leave, and holiday benefits on a pro rata basis. Usage and accrual of these benefits shall be governed by the same rules and regulations applicable to full-time employees.

8.3 Work Schedules

The County reserves the right to establish and modify work schedules. The County may require and authorize an employee to work overtime if overtime work is necessary in the judgment of the County. As described in Section 8.10, no employee shall work overtime without the prior approval of the County.

8.3.1 Flex-Time Schedule

In addition, the County reserves the right to utilize a flex-time schedule as defined in Article 2. An employee and the employee's supervisor must agree to assignment to flex-time.

A flex-time work schedule is a non-regular work schedule with or without a consistent pattern as to the number of work hours per day or week, but an arrangement under which the employee is obligated to perform work and be responsible for flexing the hours of his/her own work schedule in accordance with a written agreement between the employee and the County.

Employees may request and department heads may utilize a flex-time schedule whenever the schedule will benefit the County and will not incur overtime beyond the County's usual and customary overtime needs under the employee's regular work schedule. An employee and the County must agree to and complete a written agreement specifying the work week, scheduled days of the week, and hours to be regularly worked for the flex-time assignment.

Employees assigned to a flex-time schedule will be eligible for overtime when required by law or when the employee’s paid status hours exceed forty (40) in the employee's regular seven (7) day work period. The County reserves the right to discontinue the flex-time schedule and reassign an employee to a normal daily work schedule based on the operational needs of the department.

8.4 Posting of Work Schedules

For the convenience of employees, work schedules will be posted in advance.

8.5 Notice Required for Change of Work Schedules

Except in cases where emergency operations require, notice of a change in work schedule arising from other than transfer or promotion shall be given to the affected employee not less than ten (10) calendar days prior to the effective date of the schedule change.
If the County fails to give the ten (10) days notice to a full-time employee, the County shall pay the affected employee compensation equaling one and one-half (1.5) times the employee’s base hourly rate for any hours actually worked outside the employee's prior regular work schedule until the County has given the employee ten (10) calendar days notice. However, for each hour worked that constitutes statutory overtime as defined in Section 8.7, compensation shall be based on the employee's regular rate of pay.
If any full-time employee has been given ten (10) calendar days advance notice of a shift change and the shift change results in the employee doubling-back to work the new shift after leaving the work site, all hours worked on the new shift within the employee's same work day as the former shift will be paid at the employee's base rate, not at overtime, except as otherwise required by law. If the County fails to provide the ten (10) days advance notice in this situation, then the hours worked on the new shift within the same 24-hour work day will be compensated at the overtime rate.
Part-time employees will not be paid overtime for changes in schedule unless it results in an employee working in excess of the normal full-time daily work schedule established by the County or unless it is required to be paid by law.
In the event that changes in work schedules for groups of employees are proposed, the County agrees to consult with the Union prior to implementing any schedule change.

8.6 Schedule – Employee Request for Work Schedule Change

An employee may submit to the County a written request for a schedule change. The County shall not approve an employee’s request for a schedule change if the requested schedule would result in overtime being built into the schedule.

8.7 Statutory Overtime

Overtime for all employees is divided into statutory overtime and non-statutory overtime. Statutory overtime for non-exempt employees is currently defined as all hours actually worked in excess of forty (40) hours in a regular 7-day work period.

8.8 Non-Statutory Overtime

Non-statutory overtime is defined as:

hours worked in excess of forty (40) hours in paid status in a regular 7-day work period; or hours worked in excess of eighty (80) paid status hours in a pay period;
hours worked in excess of eight (8) hours (for 5/8 schedule) or nine (9) hours (for a 9/8/1 schedule) or ten (10) hours (for a 4/10 schedule) on a regular work day or in excess of the normal full-time work schedule established by the County;
on the seventh consecutive full (8 or 9 or 10 hour) day actually worked and any consecutive days actually worked thereafter;
any time worked on a holiday as provided for in this Memorandum in the holiday provision.

8.9 Overtime Required and Authorized

The County may require or authorize an employee to work overtime if such overtime work is necessary in the judgment of the County. No employee shall work overtime unless authorized by the employee’s supervisor.

8.10 Overtime Earned

The County shall compensate an employee for overtime at the rate of one and one-half (1.5) times the employee’s base hourly rate of pay.

If an employee’s regular workday extends beyond 12 hours, the County shall pay the employee double-time, two (2) times the base hourly rate, for the hours worked beyond 12 hours.

8.11 Overtime Compensation

Overtime earned shall be compensated either in cash or as compensatory time off (CTO) at the appropriate rate as described in Section 8.10.

In the event that the compensation of hours at overtime under Sections 8.1 through 8.11 results in an employee’s total regular hours in the pay period, exclusive of overtime, being fewer than the employee’s regularly scheduled hours, such overtime hours shall be compensated by separating overtime hours paid at 1.5 times the base hourly rate worked into regular time (paid at 1.0 times the base hourly rate) and half-time pay (paid at half (0.5) times the base hourly rate), or such double-time hours shall be compensated by separating double-time hours worked into regular time (paid at 1.0 times the base hourly rate) and straight-time overtime (paid at 1.0 times the base hourly rate), and in accordance with the paragraph above, up to a minimum of the employee’s allocated biweekly schedule and a maximum of one hundred and twenty (120) hours biweekly.

8.12 Compensatory Time Off (CTO) Accrual

An employee assigned to overtime and eligible for compensatory time off (CTO) shall make an irrevocable choice each time overtime is earned whether to be compensated in cash at the employee's base hourly rate or in compensatory time off until the employee has accrued credit for a maximum of forty (40) hours of compensatory time. The County has the right to specify how an employee will be compensated for additional overtime when an employee has an accumulation of forty (40) hours of compensatory time up to a maximum of one hundred and twenty (120) hours of compensatory time. This decision is final and not subject to grievance or appeal. After one hundred and twenty (120) hours of compensatory time has been accumulated, the department must compensate the employee in cash for any additional overtime worked.

CTO Accrual – Sonoma County Fair And Exposition Employees

During the Sonoma County Fair season, Fairgrounds' employees will be allowed to accrue overtime worked up to a maximum of 240 hours as compensatory time off. 240 hours is the maximum allowed by the Federal Fair Labor Standards Act. The increased maximum accrual amount will begin a full pay period prior to the opening of the Sonoma County Fair and end a full pay period after the close of the Fair. Fairgrounds' employees may use the compensatory time earned as time off during the fall/winter months through the last full pay period in the fiscal year the compensation was accrued. Normal compensatory time accumulation maximums (80 hours per Section 8.12) will be reinstated July 1^st of the next fiscal year and any excess compensatory time will be paid off on the first pay period.

8.13 Approval of Compensatory Time Off

No employee shall take compensatory time off without prior approval of the County. The County shall attempt to schedule such time off at the time agreeable to the employee.

8.14 Compensatory Time Off – Payment at Separation

Each employee who is separated from County service shall be paid for accrued compensatory time off at the employee's base hourly rate at the time of separation.

8.15 Overtime Provisions Not Cumulative

Overtime eligibility provisions are not cumulative. An employee shall not be entitled to multiple overtime compensation even though more than one of the conditions set forth herein may apply with respect to a particular unit of time.

8.16 Rest Periods

Each Department Head shall grant rest periods to employees except where unusual operational demands prevent a rest break. Rest breaks will not be unreasonably or consistently denied. A rest period shall not exceed fifteen (15) minutes in any four (4) consecutive hours of work and shall be considered as time worked.

8.17 Meal Periods

Employees shall be granted a duty-free meal period during each work shift. The duration of the meal period may be not less than thirty (30) minutes nor greater than sixty (60) minutes. Different meal periods may be assigned to different work units in the same County department or division. Duty-free meal periods shall not be considered as time worked.

In those special circumstances where the County determines a duty-free meal period is not appropriate with the delivery of efficient and productive services to the public, as determined by the County, the employee shall be assigned to a non duty-free meal period which shall be considered time worked. If the County plans to assign an employee to a non duty-free meal period, the department shall give the affected employees advanced written notice and provide an opportunity for the affected employees to discuss the issue if requested with the County before final action is taken. If the County plans to create a duty-free meal period where one does not exist, the department will give the affected employees advanced written notice and provide an opportunity for the affected employees to discuss the issue if requested with the County before final action is taken. Employees or the Union shall have the right to request a change in the status of their meal period (from a duty-free status to a non duty-free or the opposite) at any time during this Memorandum. Upon such request, the County designee shall meet and discuss the request with the employees and consider fully the possibility of granting the request.

If an employee is required to work over four (4) consecutive hours of overtime, an employee will be entitled to one (1), one-half (1/2) hour paid meal period to be taken after the fourth (4th) consecutive hour or, if infeasible, at the conclusion of the job.

8.18 Non-Applicability of FLSA

In the event FLSA is rendered inapplicable to the County, either by legislative or judicial action, then the County shall, from the effective date of such action, consider all overtime as non-statutory and assign all employees to a 14-day regular work period.