2007-2009 Collective Bargaining Agreement

Overtime for Law Enforcement and Fire Protection Employees

8. Overtime Distinctions: For purposes of this article a distinction between exempt employees and non-exempt employees in each category also applies. A listing of law enforcement employees, exempt and non-exempt, and fire protection employees, exempt and non-exempt, is contained in Appendix C.

8.1. Overtime Rates: Law enforcement employees and fire protection employees, in recognition of their off-duty availability, shall receive wages equal to the wages listed for their respective position in Appendix A plus ten percent (10%) or twenty percent (20%) as indicated in Appendix C. The 10% and 20% additions to wages are in lieu of any compensation for recall status and the Parties agree that employees covered by this provision are expected to be available for return to duty during off-duty hours when notified of the expectation.

1. The maximum hours agreed to for law enforcement employees is one hundred sixty one (160) hours in a twenty-eight (28) consecutive day period unless otherwise indicated in the Agreement.
2. The maximum hours agreed to for fire protection employees is two hundred twelve (212) hours in a twenty-eight (28) consecutive day period.

8.2. Excess Overtime: The compensation due to law enforcement employees and fire protection employees who perform authorized work in excess of the maximums established by 8.1. is as follows:

1. Exempt law enforcement and exempt fire protection employees shall be entitled to the regular rate of compensation for each hour of overtime worked.
2. Non-exempt law enforcement and non-exempt fire protection employees shall be entitled to time and one-half of compensation for each hour of overtime worked.

8.3. "Time Worked" Defined: The following provision constitutes the understanding of the Parties with respect to defining time worked for the purpose of determining the number of hours required for overtime compensation eligibility.

"Time worked" for law enforcement employees and fire protection employees shall include all hours actually worked and all hours on approved paid leave status except bona fide meal periods, bona fide rest periods, bona fide commuting time and any time worked for which specific compensation provisions have been established elsewhere in the Agreement. Rest periods as defined by Article VI, Section 6.2. shall not be considered as bona fide rest periods for the purpose of excluding that time from the definition of time worked.

8.4. Overtime Funding: Whenever funds are not available, non-exempt law enforcement employees and non-exempt fire protection employees who work authorized overtime shall receive compensatory time off equal to one and one-half (1 1/2) the number of actual hours worked.

8.5. Overtime Offsets: Non-exempt law enforcement employees and non-exempt fire protection employees may be relieved of duty during the regular shift hours in the basic work period or workweek in order to compensate or offset potential overtime.

8.6. Return to Work:

8.6.1. Call Back: Non-exempt full-time 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 guaranteed a minimum of not less than three (3) hours compensation.

8.6.1.1. Full-time employees called back to work pursuant to 8.6.1. shall have the "hours worked" computed from portal to portal.

8.6.2. Standby: Any law enforcement employee or fire protection 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.

8.6.3. Hold Harmless: Any full-time employee who, on the effective date of this Agreement, occupied a position designated as Non-standard Workweek shall continue to receive the 10% or 20% pay differential until that employee vacates the position. The employee will be expected to fulfill the on-call obligations for which the differential is provided, and the "time worked" will continue to be defined as time actually worked for these employees.