Daughters of Charity - SEIU-UHW Healthcare Workers West

Daughters of Charity - SEIU-UHW Healthcare Workers West Daughters of Charity - SEIU-UHW Healthcare Workers West

31.10.2014 Views

for which she/he is qualified and shall be guaranteed four (4) hours work or pay in lieu thereof at the employee’s base rate. 2. Such minimum guarantee shall not apply if Employer makes a reasonable effort to notify the employee at least two (2) hours prior to the scheduled starting time that the employee should not report to work. It shall be the employee’s responsibility to keep his/her current phone number on file with Employer. Failure to do so shall exempt Employer from such notification requirement and from the above minimum guarantee. G. Assignment of Overtime Each department shall keep a sign-up list of those employees who desire to be given overtime or additional hours. The employees wishing to work overtime or additional hours will communicate their availability in writing during the schedule preparation period. Deadlines for submitting availability will be consistent with those for other schedule requests. In the assignment of additional hours, the Employer will first offer such work to employees, in order of seniority, who would not incur overtime. Employees who are pre-scheduled to meet core staffing or working for benefited employees may not self-cancel. Assignments for working overtime or additional hours from the availability list will be made in bargaining unit seniority order within the unit or department, except where specialized work, skill or trained personnel are required, as follows: 1. Regular Full Time Employees who have received HC in the workweek; 2. Regular Part Time Employees who have received HC in the workweek; 3. Regular Part Time Employees; 4. Limited Part Time Employees; 5. Per Diem, On Call, Casual Employees. It is understood that the provisions of this section do not apply where an employee works approved overtime in order to complete his/her normal work assignment. The Employer is also not required to call an employee from the list where the anticipated additional work can be completed in two (2) hours or less and there are employees who are already working who are willing to pick up the additional hours/ overtime. Such hours shall be assigned by seniority where more than (1) employee desires to pick up the additional hours/ overtime. H. Split Shifts No employees shall be assigned to work a split shift, unless mutually agreed upon by Union and Management. I. Mandatory Overtime The Employer and the union recognize that mandatory overtime is not desirable and represents a burden on the employees. Acceptance of overtime and shifts beyond the employee’s schedule shall be voluntary and in accordance with state law or regulations, except where patient care would be endangered by an internal or external emergency declared by state, local or federal government, or declared by the administrator on duty. 62

An internal or external emergency, for the purposes of this section is defined as an unexpected situation and sudden occurrence of a serious and urgent nature that demands immediate action. J. Flexible Working Arrangements (FWA) The Employer will implement 10 and 12 hour shifts in any unit provided that 2/3 of the affected employees working in that unit (as defined by the IWC) vote by secret ballot election, conducted jointly, in favor of these shifts. The parties agree to maintain all existing alternative workweek schedules currently in effect unless two-thirds (2/3) of the affected employees in the unit petition by secret ballot to terminate or modify such arrangement, after one year of working the alternative work schedule. The Employer shall make a reasonable effort to find a work schedule not to exceed 8 hours in a work day in order to accommodate any affected employee who is eligible to vote in an election authorized by this section and who is unable to work the alternative work week schedule established as a result of this election. With respect to a FWA, the Employer will follow the applicable procedures of the Industrial Welfare Commission Wage Order 5. Where alternate workweek schedules are to be instituted or eliminated, the Employer shall have forty-five (45) days after the vote to adjust the schedules. This period may be extended by mutual agreement, which will not be unreasonably withheld. The Employer shall provide the following when implementing twelve-(12) hour shifts: 1. Shifts shall be twelve (12) hours worked in twelve and one half (12 ½) hours. 2. Rest Periods: Three (3) fifteen (15) minute paid rest breaks during a twelve-(12) hour shift. 3. Meal Periods: There shall be one (1) uninterrupted unpaid meal period of thirty (30) minutes and one (1) additional paid meal period of thirty (30) minutes, however the second paid meal period may be waived. 4. Compensation: Employees shall be paid their straight time hourly rate the first eight (8) hours worked within the twelve (12) hour shift and time and one-half (1.5) for hours 9-12. ARTICLE 19: TRAINING, JOB-RELATED EDUCATION LEAVE AND IN- SERVICE EDUCATION A. Educational Leave. Regular Full-time and Regular Part-time employees shall be entitled to 40 hours job related education leave with pay each year to attend courses, institutes, workshops or classes of an educational nature provided: 1. The employee applies in advance in writing specifying the course, institute, workshop or class he or she wishes to attend; 63

for which she/he is qualified and shall be guaranteed four (4) hours work or pay in<br />

lieu there<strong>of</strong> at the employee’s base rate.<br />

2. Such minimum guarantee shall not apply if Employer makes a reasonable effort to<br />

notify the employee at least two (2) hours prior to the scheduled starting time that the<br />

employee should not report to work. It shall be the employee’s responsibility to keep<br />

his/her current phone number on file with Employer. Failure to do so shall exempt<br />

Employer from such notification requirement and from the above minimum<br />

guarantee.<br />

G. Assignment <strong>of</strong> Overtime<br />

Each department shall keep a sign-up list <strong>of</strong> those employees who desire to be given<br />

overtime or additional hours. The employees wishing to work overtime or additional<br />

hours will communicate their availability in writing during the schedule preparation<br />

period. Deadlines for submitting availability will be consistent with those for other<br />

schedule requests. In the assignment <strong>of</strong> additional hours, the Employer will first <strong>of</strong>fer<br />

such work to employees, in order <strong>of</strong> seniority, who would not incur overtime. Employees<br />

who are pre-scheduled to meet core staffing or working for benefited employees may not<br />

self-cancel. Assignments for working overtime or additional hours from the availability<br />

list will be made in bargaining unit seniority order within the unit or department, except<br />

where specialized work, skill or trained personnel are required, as follows:<br />

1. Regular Full Time Employees who have received HC in the workweek;<br />

2. Regular Part Time Employees who have received HC in the workweek;<br />

3. Regular Part Time Employees;<br />

4. Limited Part Time Employees;<br />

5. Per Diem, On Call, Casual Employees.<br />

It is understood that the provisions <strong>of</strong> this section do not apply where an employee works<br />

approved overtime in order to complete his/her normal work assignment. The Employer<br />

is also not required to call an employee from the list where the anticipated additional<br />

work can be completed in two (2) hours or less and there are employees who are already<br />

working who are willing to pick up the additional hours/ overtime. Such hours shall be<br />

assigned by seniority where more than (1) employee desires to pick up the additional<br />

hours/ overtime.<br />

H. Split Shifts<br />

No employees shall be assigned to work a split shift, unless mutually agreed upon by<br />

Union and Management.<br />

I. Mandatory Overtime<br />

The Employer and the union recognize that mandatory overtime is not desirable and<br />

represents a burden on the employees. Acceptance <strong>of</strong> overtime and shifts beyond the<br />

employee’s schedule shall be voluntary and in accordance with state law or regulations,<br />

except where patient care would be endangered by an internal or external emergency<br />

declared by state, local or federal government, or declared by the administrator on duty.<br />

62

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