ARTICLE 23

OVERTIME

Overtime is defined as authorized time worked in excess of forty (40) hours in the designated workweek.

23.2

Overtime shall be compensated at one and a half (1½) times the employee's regular hourly rate of pay for overtime hours worked during the respective workweek period. Pursuant to Fair Labor Standards Act (FLSA) regulations and for the purposes of calculating overtime compensation, the regular hourly rate of pay shall be determined by incorporating the employee's base rate and other includable compensation earned during the respective workweek period. Such includable compensation includes but shall not be limited to shift differential and the asbestos pay differential.

23.3

All overtime hours worked shall be compensated by cash or compensatory time as determined by the appropriate administrator. Such determination shall be made prior to the time an employee is requested to work overtime, if practicable. However, all overtime worked beyond the accrual of two hundred and forty (240) hours of compensatory time shall be paid in cash.

23.4

Paid holiday, paid sick leave, paid vacation and paid CTO, when used, shall be counted as time worked for purposes of this Article.

23.5

Nothing contained in this Agreement shall be interpreted as requiring a duplication or a pyramiding of holiday, vacation, daily, or weekly overtime payments involving the same hours of work.

23.6

When an employee is separated from service, he/she is entitled to a lump-sum payment for any earned compensatory time by reason of previous overtime worked.

23.7

The scheduling of CTO shall be by mutual agreement of the employee and the appropriate administrator. When mutual agreement is not possible, upon seven (7) days' notice to the employee, the appropriate administrator may direct the employee to take earned CTO.

23.8

Overtime for which cash compensation will be paid should be scheduled for payment in the pay period following the pay period in which the overtime was worked.

23.9

The Director of Plant Operations or the appropriate administrator shall endeavor to equalize the overtime work among all qualified employees who have expressed interest in overtime work by placing their names on an overtime list.

23.10

In emergency situations or when there are an insufficient number of qualified employees desiring to work overtime, employees may not decline overtime assignments.

23.11

For purposes of this Article, "emergency" shall also mean a circumstance which requires action to preserve the basic operations of the campus, if the employees are informed at least forty-eight (48) hours in advance, provided the Employer knows forty-eight (48) hours in advance.

Call-Back

23.12

Call-back is work performed at a time outside of and not continuous with an employee's regular work schedule. An employee called back to work shall be credited with a minimum of four (4) hours work time providing the employee has been called back to work without having been notified prior to completion of the work shift, or the employee is notified prior to the completion of the work shift and the work begins more than three (3) hours after the completion of the work shift.

23.13

An employee may be called back to work at the discretion of the appropriate administrator. The appropriate administrator shall endeavor to assign call-back work on a rotating basis from a list of qualified volunteers. If no volunteers are available, or in emergency situations, the employee who is called back to work shall be required to perform the work. When an employee is called back to work, only the hours worked shall be counted as time worked for purposes of computing overtime. The hours not worked, but credited, shall be at the straight-time rate.

Emergency Pay

23.14

When the President determines it is necessary to close the campus because of an emergency situation or condition and other employees are sent home on paid administrative leave, an employee that volunteers, is asked or is assigned by the appropriate administrator to continue working at the campus where the emergency exists, shall receive "Emergency Pay." "Emergency Pay" is compensation for the hours worked by the designated employees during their normal shift while the campus is closed during the administrative leave period. "Emergency Pay" is pay at time and one-half in lieu of straight time pay. Time worked while receiving "Emergency Pay" counts as hours worked for the purpose of computing overtime pay. Overtime worked during an emergency will be paid at the regular overtime rate of time and one-half.

When the campus has been closed by the President and other employees have been sent home and put on paid administrative leave, the hours an employee actually works during the campus closure shall be counted toward the employees forty (40) hour workweek on an hour for hour basis.

Employees on paid time off (i.e., Sick Leave, Vacation, Personal Holiday) when the emergency is declared who are not called back to work shall remain on such paid time off status and will not receive administrative leave pay or emergency pay.

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