Collective Bargaining Agreement between University of Delaware and American Federation of State, County and Municipal Employees, AFL-CIO and its Local No. 439

Effective January 1, 2006­
December 31, 2008

ARTICLE XIII

HOURS OF WORK AND OVERTIME

13.1 Work Week:

A. The normal workweek is 40 hours, scheduled consistent with the needs of the University Monday through Friday with a half-hour for meals with the exception of employees who follow separate work schedules in support of particular requirements. These schedules may require workweeks of 44, 48, or more hours per week. The standard work week may be varied in accordance with academic and nonacademic schedules to include Saturdays and Sundays as the requirements may dictate; and in case of an emergency, the hours worked per week may be operated so that the regular work week may be less than 40 hours.

B. If lunch relief is not available, the bus driver shall receive an additional thirty minutes of pay at the rate of time and one half for drivers working shifts of at least 7.5 hours.

13.2 Rest Periods:
Two 15-minute breaks shall be allowed during each working day. Rest periods should be taken at a time and in a manner that does not interfere with the efficiency of the work unit, normally mid morning and mid afternoon (excluding emergencies).

13.3 Shift Hours:
The first shift is any shift that regularly starts on or after 5 a.m. but before 1 p.m. The second shift is any shift that regularly starts on or after 1 p.m. but before 9 p.m. The third shift is any shift that regularly starts on or after 9 p.m. but before 5 a.m.

13.4 Shift Premium:

Employees who work on the second and third shifts shall receive, for all hours worked, in addition to their regular pay, $.30 and $.45 per hour, respectively.

13.5 Overtime Compensation and Distribution:

A. One and one half times the regular hourly rate shall be paid for all hours worked in excess of eight hours in any continuous 24-hour period, or in excess of 40 hours per week. Exceptions shall be swing shifts for the purpose of rotating shift time assignments in units required to provide 24 hour, seven day a week service. In no event shall payment of daily, weekly or holiday overtime rates be required for the same hours of work, nor shall any overtime or additional compensation other than shift premiums provided in this Agreement, be taken into consideration for computing rates of pay. Paid vacation days, paid holidays, paid sick leave days, and work days lost because of compensable on the job injuries, shall be counted as routine 8 hour work days for purposes of computing overtime.

B. Overtime shall be distributed among bargaining unit employees within their respective job classifications and departments as nearly equal as possible. Within the Dining Services Department and Custodial Services in Facilities, overtime shall be distributed among bargaining unit employees within their respective job classifications and dining location or custodial division (Academic or Residence/Conferences) as nearly equal as possible. Failing the necessary number of qualified employees to fulfill the overtime requirement, the University shall distribute overtime among bargaining unit employees within their respective job classifications at other locations or custodial division (Academic or Residence/Conferences) as nearly equal as possible. Employees will be expected to work such overtime as may be authorized by the University unless they have a reasonable excuse. For the convenience of the employee, the University shall make every effort to give advance notice of overtime requirements in the following manner:

• In the case of an extension of the regular shift beyond eight (8) hours, four (4) hours notice will be given.
• In the case of a full eight-hour (8) shift or less on a regularly scheduled day off, forty-eight (48) hours notice will be given.

Employees, who work overtime where the University was unable to offer such advance notice, will not be charged for the hours of overtime they worked.

Employees not desiring overtime, in instances where the University was unable to offer such advance notice, will not be charged for the hours of overtime they could have worked. Failing the necessary number of qualified employees to fulfill the overtime requirement, the University will detail overtime assignments to the least senior employee who must work the overtime. As need for overtime recurs, assignments will be distributed in order of ascending seniority in the classification required on a rotating basis.

C. Department supervisors shall maintain overtime records to insure proper distribution. Whenever the difference in overtime hours credited to employees within a classification and department equals or exceeds 30 hours, available overtime will be granted to those employees credited with the lesser number of hours until such time as this difference is reduced to below 20 hours, provided such employees possess the requisite skills. The University will make every effort to correct overtime distribution inequities during the last quarter of each fiscal year provided the requirement for overtime exists. Overtime records will be maintained on a fiscal year basis.

D. Whenever an employee is hired, recalled, or permanently transferred into a job classification he/she will be credited with the average amount of overtime of the employees in the new classification and department.

E. Overtime not worked because the employee was not available will be charged to such employees on the basis of the average number of overtime hours of those employees working such overtime period. Unscheduled call-in time is exempt from this section.

F. Compensatory time-off may be requested by the employee subject to the approval of the supervisor. Compensatory time not used within sixty days of the date it is earned shall be paid. The supervisor reserves the right to pay overtime rather than grant compensatory time off.

G. Facilities Custodial & Pest Control Services' two Divisions (Custodial Services, Academic and Custodial Services, Residence & Conference Facilities) will send a letter during the month of June each year, to employees who are classified as Custodial Technician and Custodial/Special Projects, asking them within the respective Custodial Division, if he or she would like their name removed from the scheduled overtime list. Dining Services will send a letter during the month of August each year, to employees asking them within their respective classification, if he or she would like their name removed from the scheduled overtime list. Each employee's signature will be required. This list shall not exempt the employer from calling in employees to work in upgraded positions. This section does not apply to lay-offs.

If an employee chooses to have their name removed from the scheduled overtime list, the individual shall be informed that they can be placed back on the scheduled overtime distribution list at any time by submitting a written request to their supervisor.

The employee's name will be placed back on the scheduled overtime distribution list and credited with the average amount of overtime hours by the number of employees within the respective classification and Custodial Division.

Failing the necessary number of custodial employees to fulfill overtime requirements, overtime assignments will be detailed and distributed to all Custodial Employees within the designated Custodial Division.

Should there be an event that requires all Custodial employees to work overtime assignments, those assignments shall be detailed and distributed to all Custodial employees within the entire organization of Facilities Custodial & Pest Control Services as outlined in Article 13.5.B.

H. The Overtime procedure for Facilities Ground Services Division shall be administered as follows:

• A seniority list will be maintained and posted consisting of AFSCME Local 3472 and AFSCME Local 439 (combined list) by each employee's University of Delaware date of hire.
• All new employees who are transferred and/or hired within Facilities Ground Services Division will automatically have their name added to the seniority list.
• Voluntary Overtime shall be administered in descending order of the seniority list.
• Mandatory overtime shall be administered in ascending order of seniority.

I. Groundskeeper(s) temporarily upgraded to Caretaker

If a temporary upgrade from Groundskeeper to Caretaker is necessary within a zone, the Groundskeepers who work within that zone shall be given first consideration for the upgrade. The Groundskeeper with the greatest classification seniority within that zone will be given the first opportunity in filling the temporary Caretaker position.

The temporary upgrade shall be awarded to the most senior Groundskeeper within that zone and rotated from most to least senior Groundskeeper as long as each Groundskeeper satisfies the minimum experience, training, and ability.

Management authorizes temporary upgrades; a temporary upgrade is not automatic just because someone is absent.

A Caretaker must be absent from work for a minimum of one (1) regular scheduled work day in order for management to temporary upgrade.

A Groundskeeper upgraded from Groundskeeper to Caretaker temporarily does not need a Commercial Driver’s License (CDL) license in order to be considered for the upgrade unless the job requires them to drive a vehicle that requires a CDL.

A Groundskeeper serving in the capacity of “temporary Caretaker” will not be considered for a full time position unless the individual has satisfied all of the minimum requirements outlined in the Caretaker job description.

13.6 Call-In Pay:
An employee reporting for emergency duty at the employer's request for work which he/she had not been notified in advance and which is outside of and not continuous with his/her regular work period shall be guaranteed at least three (3) hours' work at the rate of time and one half.

13.7 Reporting Pay: An employee who reports for scheduled work and no work is available will receive three (3) hours' pay at his/her regular straight time rate.