ARTICLE 10-HOURS OF EMPLOYMENT AND OVERTIME
10.1 Initial Employment
Upon initial employment, each unit member shall receive a copy of the applicable job description, a specification of the monthly and hourly rates applicable to his/her position, a statement of the duties of the position, and the unit member’s regular work site, regularly assigned work shift, the hours of pay, days per week, and months per year.
10.2 Workday and Workweek
The maximum number of hours of regular full-time employment of a unit member is eight (8) hours a day, exclusive of lunch, and forty (40) hours a week consisting of five (5) consecutive days. Assignment of a different workweek may be made by the District, and the District may employ persons for lesser periods of time (less than eight [8] hours per day or five [5] days per week) and may, through authorized administrators, require and authorize unit members to work in excess of eight (8) hours in one (1) day and forty (40) hours in one (1) week. Each bargaining unit member shall be assigned a fixed, regular, and ascertainable minimum number of hours.
10.2.1 Notwithstanding the above, the Association recognizes that due to the unique requirements of the Independent Study Paraprofessional position in the RISE program only, the District may adjust the assigned hours at any time during the fiscal year of persons in said Independent Study Paraprofessional positions, including reduction in hours as needed. Unit members whose hours are increased or reduced pursuant to this Section will receive written notice of the change in assigned hours according to Education Code requirements. This provision may be implemented by the Deputy Superintendent, Human Resources as deemed necessary and does not require Governing Board action. It is agreed that collective bargaining regarding the decision to adjust Independent Study Paraprofessional hours and/or the effects of said decision is not required during the term of this Agreement.
10.2.2 Due to the unique requirements and schedules of the Redlands Adult School, the District may employ persons in Paraprofessional Series positions for lesser periods of time than eight (8) hours per day and five (5) days per week. The District may also adjust the assigned hours at any time during the fiscal year of persons in said positions, including reduction of hours. Unit members whose hours are increased or reduced pursuant to this section will receive written notice of this change in assigned hours according to Education Code requirements. This provision may be implemented by the Human Resources Division as deemed necessary and does not require Governing Board action. It is agreed that collective bargaining regarding the decision to adjust Paraprofessional Series hours and/or the effects of said decision is not required during the term of this Agreement.
10.3 Overtime Defined
Overtime is defined to include any District-authorized time required to be worked in excess of eight (8) hours in any one (1) day and in excess of forty (40) hours in any calendar week. Overtime shall also be defined as specified in Section 45131 of the Education Code.
10.3.1 Assigning of Overtime: Overtime opportunities shall be offered as equally as is practical among available qualified employees in each department/work site. 33
10.4 Compensation for Overtime
10.4.1 A regular member of the unit who works authorized overtime shall be paid at a rate equal to one and one-half (1-1/2) times his/her regular rate of pay for the overtime worked. Shift and special assignment differentials regularly received by the unit member shall be included in determining his/her regular rate of pay.
10.4.2 In accordance with the Fair Labor Standards Act and applicable State law, compensatory time shall be allowed for overtime worked. No employee shall be permitted to work overtime without the prior approval of his/her supervisor. Compensatory time, for the purposes of overtime, is to be allocated as set forth in Section 10.4.4. Accrued compensatory time may be utilized within a reasonable period of time. The unit member shall submit a request for the use of such time to his/her immediate supervisor. Requests shall be scheduled with the approval of the unit member’s immediate supervisor and shall be denied only for good and sufficient reason.
10.4.3 A maximum of two hundred forty (240) hours of compensatory time may be accrued at a maximum of one hundred sixty (160) hours of overtime worked for compensatory time in one twelve(12)-month period. Overtime worked beyond the one hundred sixty (160) hours will be compensated in cash. Compensatory time must be utilized within twelve(12)-months from the date earned. Accrued compensatory time shall be paid upon termination.
10.4.4 All hours worked beyond the workday of eight (8) hours and the week of forty (40) hours in a calendar week consisting of five (5) consecutive days, or as defined in Education Code Section 45131, shall be compensated at the overtime rate of one and one-half (1-1/2) times the regular rate.
10.5 Call-In (Emergency) Time
Call-in time is non-scheduled working time for a guaranteed minimum of two (2) hours for reporting to work at the District’s request. Call-in time must be authorized by the unit member’s immediate supervisor.
10.6 Call-Back Time
Any unit member called back to work after completion of his/her regular assignment shall be compensated for at least two (2) hours of work at the rate indicated in Section 10.7, irrespective of the actual time required to be worked.
10.7 Compensation for Call-In Time and Call-Back Time
A regular member of the unit who works authorized call-in time or call-back time shall be paid for a minimum of two (2) hours at his/her regular rate of pay or at the rate of one and one-half (1-1/2) times regular hourly pay when the unit member has worked in excess of an eight(8)-hour regular day. For any part of any hour worked after the guaranteed minimum, a unit member shall be compensated on the quarter(1/4)-hour at the rate of one and one-half (1-1/2) times regular hourly pay.
10.8 Shift Differential Compensation
Any member of the bargaining unit whose entire assigned work shift takes place between 4:00 p.m. and 8:00 a.m. shall be paid a shift differential premium of five (5) percent above the regular pay for all hours worked.
10.9 Holiday Compensation
All actual hours worked on holidays as noted in Article 18 of this Agreement shall be compensated at two and one-half (2-1/2) times the employee’s regular rate of pay. 34
10.10 Split Shifts - Non-Transportation Classifications
10.10.1 Whenever possible the use of split shifts shall be avoided.
10.10.2 All non-transportation unit members whose assigned shift contains over one and one-half (1-1/2) hours of non-work time shall be paid a premium of three (3) percent above the unit member’s regular rate of pay.
10.10.3 Unit members will be notified of their primary work site and where lunch breaks will be taken. Rest and lunch breaks shall be assigned exclusive of travel time.
10.11 Rest Breaks
Unit members working four (4) hours per day or more shall receive not less than a fifteen(15)-minute paid rest period for each four (4) hours of service. Except as set forth in Section 10.11.1 below, the rest period shall be scheduled as near the middle of the four(4)-hour work period as practical in keeping with the efficient performance of the District’s business.
10.11.1 Unit members may, with supervisorial approval, elect to combine the two (2) fifteen (15)-minute rest periods and take one (1) thirty (30)-minute rest period when the work shift is eight (8) hours or more.
10.11.2 Unit members who are employed in two (2) or more positions in the District shall be entitled to the rest breaks herein based upon their daily hours of continuous service.
10.12 Hours of Employment
Unit members are required to account for their hours of employment by the use of timecards, time sheets and/or time clocks. It shall be the responsibility of each employee to record his/her hours. Groups and/or individual employees whose work hours differ from those of their immediate supervisor may be required to use time clocks.
10.12.1 Each employee shall be notified of his/her hours of work. This notification shall include starting time, lunch time, and quitting time. Deviations from established hours may be approved by the employee’s immediate supervisor.
10.12.2 Each employee, unless otherwise notified, shall record his/her arrival time and departure time from work. Any employee who leaves the work site during work hours shall record that time period in the same manner as above. This information shall be verified by the immediate supervisor.
10.12.3 At the discretion of the manager/administrator, any classified employee may be required to use a time clock for the purpose of recording hours of work.
10.13 Attendance and Punctuality
Unit members are expected to report to work whenever scheduled. Repeated and consistent abuse of leave shall be cause for an overall unsatisfactory performance evaluation. An unsatisfactory performance evaluation based on unsatisfactory attendance may be cause for termination of employment.
Unless extreme circumstances beyond the control of the unit members exist, unit members shall notify their supervisor in advance whenever they are unable to report. As much advance notice as possible should be given to permit a replacement to be scheduled. Repeated failure to give proper notification may be grounds for disciplinary action. 35
10.13.1 An employee must be at his/her work station at the starting hour and at the prescribed time after rest and lunch breaks. Employees who will be delayed more than a few minutes in reporting to work are required to call their supervisor promptly to explain the circumstances.