Common use of Emergency Work Clause in Contracts

Emergency Work. A. Unit employees (except those employed in the Department of Transportation where the current approved program will continue) shall be eligible for the special emergency rates or the employee’s regular overtime rate when entitled to overtime 1. Employees in the unit must be called in outside of scheduled work shifts; and 2. The work involved must be for emergency maintenance, replacement or repair of equipment or mechanical devices which are vital to the operation of an institution, agency or other function of the State; and 3. Such work must be necessitated by damage or failure resulting from storm, flood, explosion, sudden unexpected catastrophe or like causes; and 4. Such conditions must constitute unreasonable safety hazard to the public, employees or other persons or property of the State. B. It is clearly understood that all of the foregoing elements or criteria must be met except as provided in paragraph G. below for an employee to be entitled to payment at the emergency rate. The following special project pay rates shall apply: 1. Employees who are engaged in manual or unskilled work as by use of shovels, picks, axes, choppers, etc., will be paid Group VI Emergency Rate (Code 6). 2. Employees who perform semi-skilled work including the operation of mechanized equipment such as trucks, plows, light-graders, backhoes, etc., will be paid Group V Emergency Rate (Code 5). 3. Employees who perform skilled work including the operation of heavy equipment or those employees who are assigned to be in charge of or supervise either semi-skilled or unskilled workers or both, will be paid Group IV Emergency Rate (Code 4). 4. Employees who perform emergency work in excess of the normal work hours related to winter weather conditions, such as snow removal and ice control will be paid Codes D and E. Code Rate D is for employees who operate heavy duty equipment, such as truck/front end loader mounted snow blowers; perform mechanical repair work; supervise the distribution of inventory parts for emergency operations; perform skilled labor involved in the repair of equipment; or act as Department representative assigned to snow removal activities. Code Rate E is for employees who operate “walk behind” snow blowers, graders, front end loaders, trucks, snow plows, material spreaders, compressors, and other mechanized equipment; make or assist in making occasional mechanical or electrical repairs; distribute or assist in the distribution of inventory parts for emergency operations; handle radio communications consoles at base radio stations or assist in State or district control center operations. 5. The State, IFPTE, Department of Transportation and the Civil Service Commission agree to form a committee to review the classification of equipment for snow removal and ice control set forth in Codes D and E to ensure that such codes accurately reflect the equipment utilized for such purposes. C. The requirement of each employee to respond, if called when such emergency conditions are present, constitutes a condition of State employment. An employee who refuses an assignment because of a reasonable excuse will not be subjected to disciplinary action. However, any absence or repeated absence or refusal to respond without good and sufficient reason, may be cause for such action. D. When an employee is called in and reports for an emergency work assignment, he shall be paid for all hours actually worked outside his normal scheduled work shift and shall be entitled to a minimum of two (2) hours pay at the appropriate rate, whether or not such two (2) hours are actually worked, providing the employee remains available E. Lists showing the rotational order of each employee and the total hours worked and refused by each employee shall be maintained in the work unit. Such lists shall be made available for inspection on request to Union Officers. F. An emergency overtime assignment is subject to all appropriate rules and regulations of the State and the Department. G. In exception to the requirements that employees be called in outside of regular work shifts, employees assigned to Snow and Ice Control Emergency Overtime will receive the appropriate special project rate or the employees regular overtime rate when entitled to overtime under the Fair Labor Standards Act, whichever is greater, after the end of the employee’s regular work shift and during the time prior to the next regular work shift. H. When an employee of the New Jersey Water Supply Authority in the Operations, Maintenance and Services and Crafts and Inspection and Security Units is called out for emergency work under this Article of the contract, he shall be paid portal to portal travel time for the actual time required, but not to exceed a maximum of forty (40) minutes in each direction except when the emergency work conditions is contiguous with the assigned work shift. In this instance, the employee shall be compensated only for the time worked.

Emergency Work. A. Unit employees (except those employed in the Department of Transportation where the current approved program will continue) shall be eligible for the special emergency rates or the employee’s 's regular overtime rate when entitled to overtimeovertime under the Fair Labor Standards Act, whichever is greater, if called in to work under the following special circumstances: 1. Employees in the unit must be called in outside of scheduled work shifts; and 2. The work involved must be for emergency maintenance, replacement or repair of equipment or mechanical devices which are vital to the operation of an institution, agency or other function of the State; and 3. Such work must be necessitated by damage or failure resulting from storm, flood, explosion, sudden unexpected catastrophe or like causes; and 4. Such conditions must constitute unreasonable safety hazard to the public, employees or other persons or property of the State. B. It is clearly understood that all of the foregoing elements or criteria must be met except as provided in paragraph G. below for an employee to be entitled to payment at the emergency rate. The following special project pay rates shall apply: 1. Employees who are engaged in manual or unskilled work as by use of shovels, picks, axes, choppers, etc., will be paid Group VI Emergency Rate (Code 6). 2. Employees who perform semi-skilled work including the operation of mechanized equipment such as trucks, plows, light-graders, backhoes, etc., will be paid Group V Emergency Rate (Code 5). 3. Employees who perform skilled work including the operation of heavy equipment or those employees who are assigned to be in charge of or supervise either semi-skilled or unskilled workers or both, will be paid Group IV Emergency Rate (Code 4). 4. Employees who perform emergency work in excess of the normal work hours related to winter weather conditions, such as snow removal and ice control will be paid Codes D and E. Code Rate D is for employees who operate heavy duty equipment, such as truck/front end loader mounted snow blowers; perform mechanical repair work; supervise the distribution of inventory parts for emergency operations; perform skilled labor involved in the repair of equipment; or act as Department representative assigned to snow removal activities. Code Rate E is for employees who operate “walk behind” snow blowers, graders, front end loaders, trucks, snow plows, material spreaders, compressors, and other mechanized equipment; make or assist in making occasional mechanical or electrical repairs; distribute or assist in the distribution of inventory parts for emergency operations; handle radio communications consoles at base radio stations or assist in State or district control center operations. 5. The State, IFPTE, Department of Transportation and the Civil Service Commission agree to form a committee to review the classification of equipment for snow removal and ice control set forth in Codes D and E to ensure that such codes accurately reflect the equipment utilized for such purposes. C. The requirement of each employee to respond, if called when such emergency conditions are present, constitutes a condition of State employment. An employee who refuses an assignment because of a reasonable excuse will not be subjected to disciplinary action. However, any absence or repeated absence or refusal to respond without good and sufficient reason, may be cause for such action. D. When an employee is called in and reports for an emergency work assignment, he shall be paid for all hours actually worked outside his normal scheduled work shift and shall be entitled to a minimum of two (2) hours pay at the appropriate rate, whether or not such two (2) hours are actually worked, providing the employee remains availableavailable for any work assigned. No emergency hours compensated at special project rates, which are agreed to be equivalent to premium rates, shall be counted as hours worked for the purpose of computing normal overtime. E. Lists showing the rotational order of each employee and the total hours worked and refused by each employee shall be maintained in the work unit. Such lists shall be made available for inspection on request to Union Officers. F. An emergency overtime assignment is subject to all appropriate rules and regulations of the State and the Department. G. In exception to the requirements that employees be called in outside of regular work shifts, employees assigned to Snow and Ice Control Emergency Overtime will receive the appropriate special project rate or the employees regular overtime rate when entitled to overtime under the Fair Labor Standards Act, whichever is greater, after the end of the employee’s 's regular work shift and during the time prior to the next regular work shift. H. When an employee of the New Jersey Water Supply Authority in the Operations, Maintenance and Services and Crafts and Inspection and Security Units is called out for emergency work under this Article of the contract, he shall be paid portal to portal travel time for the actual time required, but not to exceed a maximum of forty (40) minutes in each direction except when the emergency work conditions is contiguous with the assigned work shift. In this instance, the employee shall be compensated only for the time worked.