2007-2009 Collective Bargaining Agreement

Overtime

7. Overtime Distinctions: For purposes of this article a distinction between employee types, exempt and non-exempt, applies. Non-exempt classifications are listed in Appendix B. This Appendix is subject to revision in accordance with Section 7.1.3. Furthermore, the provisions of this contract shall apply to both full and part-time employees.

7.1. Overtime Defined: Overtime is authorized work performed in excess of the basic work week as defined in Article VI.

1. Work at Higher Rate: If an employee is required to work overtime, overtime will be computed at the employee's regular rate unless the rate of the position assigned is higher, in which case the employee receives the higher rate.
2. Work at Lower Rate: If an employee is required to work overtime in a position with a lower rate of pay, the employee's overtime is computed at the employee's regular rate unless the employee volunteers for overtime work in a position at a lower rate of pay then the overtime is computed at the lower rate.
3. Notices: The supervisor shall give as much notice as is practicable when overtime will be worked and shall inform the employee whether the overtime is voluntary or required. The supervisor shall give at least four (4) hours notice to the employee(s) whenever possible.

7.1.1. Straight Time Rate: Where the basic workweek is 37 1/2 hours, the first 2 1/2 hours of overtime will be compensated as follows:

1. Non-exempt employees shall be entitled to overtime pay at straight time.
2. Exempt employees shall, at the discretion of the Employer, be paid overtime at straight time or given compensatory time off.

7.1.2. Time and One Half Rate: Where the basic workweek is 37 1/2 hours, overtime in excess of 2 1/2 hours, and where the basic workweek is forty (40) hours, all overtime shall be compensated as follows:

1. Non-exempt employees shall be entitled to overtime pay at the rate of time and one half. Shift differentials shall also be included where appropriate.
2. Exempt employees will be given compensatory time off or overtime pay at straight time.
3. All hours that an employee is on pay status will constitute "time worked" for the purpose of determining the workweek required to establish eligibility for overtime compensation.
4. There shall be no pyramiding or duplication of compensation by reason of overtime or holiday or other premium pay provisions of this Agreement.
5. Hours compensated for while on authorized overtime in accordance with RSA 99B and RSA 99C shall not constitute "time worked".
6. Alternative Work Schedule: An employee who works a schedule which does not consist of five (5) consecutive 7 1/2 or 8 hour days, shall only be entitled to that premium pay for overtime worked which is specifically provided for in the memoranda of agreement which authorizes alternative work schedules or flex-time.

7.1.3. Determining Exemption: The Parties agree that it shall be the responsibility of the Labor Management Committee to determine whether any position in any unit is exempt or non-exempt. The Labor Management Committee shall, in making its determination, consider past practice, pertinent wage and hour law, equity and the ability of employees to control their own work hours.

7.1.4. Overtime Funding: When authorized, payment for overtime is subject to the availability of appropriate funding. Whenever funds are not available, employees who work authorized overtime shall receive compensatory time off at the rates specified in 7.1.1. and 7.1.2.

1. The Employer may not require any employee to accrue by overtime work, compensatory time in an amount which exceeds the number of hours in that employee's basic workweek. The Employer and an employee may mutually agree to exceed this limit. If an employee is required to work overtime beyond the limits set forth herein, the employee shall be paid.
2. Accrued compensatory time must be taken within one year from the date the compensatory time is earned. The Employer shall give compensatory time off at a mutually agreeable time within said year or the Employer shall make payment for the compensatory time.
3. When an employee is paid for compensatory time it shall be at the employee's rate of pay at the time of payment.
4. When overtime funds are available in any pay period, non-exempt employees who work authorized overtime shall have first refusal on the available funds to compensate for that overtime.

7.1.5. Compensatory Time: An employee may receive compensatory time off at the rates specified in 7.1.1. and 7.1.2. in lieu of overtime pay upon mutual agreement between the Employer and the employee.

7.2. Overtime Administration: All overtime assignments are to be administered in accordance with the following provisions:

1. Overtime assignments are voluntary unless the number of volunteers are not sufficient to carry out the orderly transaction of business, in which case, the Employer may exercise his/her discretion to make appropriate overtime assignments.
2. Overtime assignments, to the extent possible, shall be distributed equally among qualified employees who customarily perform the kind of work required with preference given to those employees currently assigned to the work section in which the overtime is to be worked.
3. An employee shall not be relieved of duty during the regular shift hours in his/her basic workweek in order to compensate for or offset overtime hours worked unless: (1) he/she agrees to be relieved of duty; (2) it is in the interest of the employee, the Employer or the general public to relieve the employee of duty for reason of health or safety.

7.3. Return to Work:

7.3.1. Call Back: Non-exempt employees called back to work without prior notice on the same day after once leaving work or before the next regular starting time, shall be compensated at one and one half time the hourly rate for the hours worked and shall be guaranteed a minimum of not less than three (3) hours of premium pay. Non-exempt employees who are called back to work again, but within a three (3) hour minimum premium pay period as provided above, shall not be entitled to an additional minimum of three (3) hours of premium pay. Call back hours shall not be considered a part of the basic workweek for overtime purposes.

7.3.1.1. Full-time employees called back to work pursuant to 7.3.1. shall have the "hours worked" computed from portal to portal.

7.3.2. On-Call: Any employee who is subject to being recalled to work, shall receive one (1) hour of pay for every four (4) hours on On-Call status;. The employee shall be notified of when he/she is expected to be on On-Call status. The employee does not waive the right to minimum time allowed or the portal to portal pay.

7.3.3. Standby: Any employee who is required by the Employer to be available for immediate return to duty, under conditions which do not allow the employee reasonable use of the time waiting to be called back to duty for his or her own purposes, shall be deemed to be in Standby status. Time in Standby status shall be considered time worked for regular compensation and overtime compensation purposes.

7.4. Payment for Overtime: The Employer will endeavor to ensure payment for overtime work at the time the employee usually receives his paycheck for the period within which the overtime work was performed.