Article 7 : normal work day and overtime
- The work week shall begin at 00:01 on Sunday and end on the following Saturday at midnight. The normal work day shall be not more than eight (8) hours except for two (2) consecutive Saturdays and Sundays during any four (4) week period when the employee working on shift will work twelve (12) hours. The total hours scheduled to work shall not be more than an average of thirty-two (32) hours per week on an eight (8) week period as scheduled immediately hereafter. An employee's normal days off - from Operations Division - are scheduled on consecutive calendar days.
- The normal nominal working hours of an employee
working on shifts shall be:
- from 24:00 to 08:00
- from 08:00 to 16:00
- from 16:00 to 24:00
with the exception of two (2) consecutive Saturdays and Sundays within any four (4) week period where the employee working on shifts will work twelve (12) hour shifts. Please note that this schedule is subject to the following conditions:
- No overtime premium will be paid for hours as scheduled.
- When an employee takes his annual vacation, the twelve (12) hour shifts falling within his annual vacation period will be debited as twelve (12) hours or one and one half (1½ ) days.
- Employees engaged in maintenance work thirty-two (32) hours per week and usually for eight (8) hours a day.
Employees may choose to work weeks of 32, 36, or 40 hours, i.e. 8, 9 or 10 days respectively in a two-week period.
This choice may be changed on May 1st and on November 1st of each year, but must be planned at the start of each year (no later than December 15th for the next calendar year) for the next twelve (12) months to establish an annual average for the purpose of fringe benefits. This applies solely to employees who perform day duties or that are not on shift work.
Normally, work hours extend between 08:00 and 16:30 with thirty (30) minutes for lunch.
During the summer period of June, July, and August, the daily hours of work in maintenance shall be from 07:30 to 16:00 hours instead of 08:00 to 16:30 hours.
It is noted that employees working within the same unit (area of activity) will be scheduled in sequence over a period of two to three weeks by the Head of the Division concerned in order to ensure that adequate staff is on duty on Mondays and Fridays.
- The schedules and working hours set forth in subsections (1), (2), (3) and (4) above may be changed with the consent of the Union.
- Notwithstanding the above, employees may request a change in their normal working hours. The proposed working hours must fall within the 7:00 a.m. to 5:00 p.m. working period and are subject to the University being able to reasonably accommodate the change. When requests cannot all be accommodated, seniority will be the determining factor.
7.2 An employee who properly reports for work on his scheduled shift but for whom no work is available shall be paid four (4) hours at the rate of his job classification, unless the University has made a reasonable effort through recognized channels of communication to inform such employee not to report to work. However, the above provision shall not apply in cases resulting from an Act of God.
- All work per day or per week performed by an employee of the Maintenance Division, other than during the regular scheduled hours of work in a period of one week, shall be overtime work and shall be paid as follows: At a rate of one and one-half (1 1/2) times the hourly rate for the first four (4) hours worked in excess of the regular hours of work selected by the employee and at double the hourly rate for hours after that. The hourly rate provided for in this article includes the regular hourly rate, the lead hand premium and the seniority premium The normal work week begins on Tuesday and ends on Monday in order to correspond with the pay period.
- When an employee from Operations Division works overtime during a week-end (00h01 Saturday to 23h59 Sunday), the weekend premium shall apply in the same manner as the overtime premium.
- The University will post schedules of work four (4) weeks in advance. A twenty-four (24) hour notice will be given for changes of schedule and if such notice is not given, the rates shall be double time for all hours worked until twenty-four (24) hours have elapsed from the time notice is given. However, the above provision shall not apply in the event of sudden changes of schedules caused by Jury and witness leave provided that the employee advises the Division Head as soon as he receives a subpoena or a notice to serve as a member of a jury.
- If an employee is scheduled to work a shift which immediately follows sixteen (16) hours of continuous work, he shall be allowed to miss his shift and still be paid for it at the basic hourly rate.
- Where an employee is scheduled to work sixteen (16) consecutive hours, the last eight (8) hours will be treated as overtime, and overtime rates applied.
7.4 Mutual Relief
An employee may relieve another employee of his regular scheduled shift provided that there is mutual agreement between the two and that the Head, Operations Division, consents to such. It is also understood that employees may relieve in a class higher or lower than their own provided they are qualified and knowledgeable enough to carry out the duties assigned; no overtime pay is granted in this case. It has also been agreed that the Operations Division shall be responsible for any absence resulting from a mutual agreement regarding relief. The Division Head may intervene in the case of abuse.
- When, because of a schedule change, the University must order work which carries a premium, the employees of the Operations Division, except in the case of an emergency, performed the work which carries this premium.
- When the Ontario Operating Engineers Act gives the University written authorization to make an employee work at a higher classification level, this employee shall retain the said higher level during the entire absence of the replaced employee.
- Under all other circumstances, if a position
is affected for medical or other reasons, any overtime work shall
be carried out by regular employees in the same classification,
even if this implies that a temporarily upgraded employee must return
to his normal position for the days of overtime work involved.
- When overtime work is required in the Maintenance Division because of an employee shortage caused by 1) holidays, 2) days off, 3) illness, or 4) major breakdown, the employee who is to be called to work for the said overtime shall be the one whose name appears first on the call list posted from one (1) week to another, and so on according to the order of priority in which the names are listed.
- All employees are requested to be accessible through regular channels of communication, i.e. telephone and pagers. If, because of employee shortages that are brought on by holidays, time off, sick leave, and major breakdown, overtime work is required in the Maintenance Division on Mondays or Fridays, the call-in order of employees shall be that which is posted each week.
- Scheduled overtime in the Maintenance Division should be distributed in order of seniority.
7.6 Time-Off in Lieu of Overtime and Call-in Pay
Banking Time-Off in Lieu
All employees have the right to accumulates, if they desire, up to two hundred (200) hours of banking time each year, consisting of accumulated overtime. This banking time can be transferred at the end of December of each year, without exceeding the annual maximum of two hundred (200) hours.
The banking time-off is taken in half-day or full day.
An employee must make the request to the Division Head in question, at least twenty-four (24) hours before taking the leave. The Division Head cannot refuse to grant the leave without valid reasons.
An employee has the right to ask the University to cash in the banked hours. This choice must be submitted to the employer between the first (1st) and the fifteen (15) of December each year.
7.7 Procedure: "Call in for Overtime", Operations Division:
- When an employee of the Operations Division scheduled to work on shift is unable to report for his regular duties for any reason, the employee (shift engineer) on duty will call in priority the employees scheduled to work followed by the employees having a day off.
- Employees on the day shift shall have the same rights as employees on the four (4) regular rotation shifts.
- Any employee promoted from a lower level in accordance of the Operating Engineers Act and Policy 904, shall have the same rights as employees at the higher level.