Common use of HOURS OF WORK AND Clause in Contracts

HOURS OF WORK AND. OVERTIME RATES 46. Forty (40) hours shall constitute a week’s work. The workweek shal commence on Monday a.m. and shall end on Friday p.m. All work performed by an employee in excess of eight (8) hours in any one day, or over forty (40) hours in any one week, or on Saturday, shal be paid at the rate of one and one-half ( 1-1/2 ) times the regular rate of pay, except as provided herein. The day’s starting time and the number of hours to be worked for each individual employee shall be at the discrection of the Contractor. The Union will consider and review a special starting time on projects where job conditions are beyond the control of the Employer. Any change in the starting or quitting time or adjustment of the work day shall be by mutual agreement between the Employer and the Local Union. (a) Where project owners establish specifications or requirements that limit the days or hours in which work may be performed, or for safety reasons, the employer, after advance notice to the union, may start the workweek after 6:00 p.m. on Sunday at straight time rates. In applying the schedule, Sunday, p.m. will be considered Monday, the following Friday will be considered Saturday, (paid at time and one-half) and Saturday will be considered Sunday (paid at double time). All premium pay provisions will apply for the sixth and seventh days as to Saturday and Sunday respectively. This schedule shall be applied by the week. 47. When a Contractor is commencing a two (2) shift or three (3) shift operation, he shall notify the International Union Representative and/or the Local Union representative, and they may request a meeting to discuss the new shift arrangement. 48. The normal work day shall consist of eight (8) hours and the normal work week of forty (40) hours except a provided herein. All work performed by an employee in excess of eight hours in any one day shall be paid for at the rate of one and one-half (1H) times the regular rate. 49. The Contractor shall have the option of scheduling work on the basis of four (4) ten (10) hour days Monday through Thursday except Friday can be scheduled as a makeup day, in the event time is lost due to inclement weather, material shortage or any other conditions beyond the contractors control. When employees are scheduled to work on a four (4) ten (10) hour day schedule time and one-half (1H) shall be paid for all hours over ten (10) in one day. In the event a Contractor cannot supply four (4) ten hour days, the Cement ▇▇▇▇▇ shall be paid under the eight (8) hour schedule. It is understood that this schedule payment change is not to be implemented for reasons of inclement weather, material shortage or other conditions beyond the control of the Contractor. The Contractor shall notify the Union when he schedules work on a four (4) ten (10) hour day basis and will hold a pre-job conference with the Union, if requested by the Union. In the event two shifts are used, Section 54 is modified from eight (8) hours to ten (10) hours. In the event an employee is hired for one day, he shall be paid under the eight (8) hour schedule. 50. One and one-half (1H) times the regular rate of pay shall be paid for all work performed on Saturday, except that when the employer is working a 5–8’s schedule and time is lost by a crew during the regular work week, Monday through Friday, due to inclement weather, holiday, equipment breakdown, or by direction of the project owner beyond the control of the employer, this time may be made up by the entire crew on Saturday at the regular rate of wages. 51. For all time worked on Holidays and on Sundays, the employees shall be reimbursed at the rate of double time. 52. The following days are recognized as holidays: Decoration Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, New Year’s Day, if one of the recognized Holidays falls on Sunday, Monday shall be the recognized holiday under the terms of this agreement. No work shall be done on Labor Day except in extreme emergencies. 53. If an employee reports for work on any workday and is not put to work on that day, he/she shall be paid two (2) hours pay for reporting to work unless he has been previously notified not to report for work. In order to be paid the reporting pay, the employee must report to work at the starting time of the shift and be available for work and remain on the job site up to two (2) hours, unless released by the Contractor. Employees who commence work shall be guaranteed four (4) hours pay and employees who work past four (4) hours shall be guaranteed eight (8) hours pay, except if the Contractor is unable to furnish work because of weather or other causes beyond the Contractor’s control in which case the employee will be paid two

HOURS OF WORK AND. OVERTIME RATES 4645. Forty (40) hours shall constitute a week’s work. The workweek shal shall commence on Monday a.m. and shall end on Friday p.m. All work performed by an employee in excess of eight (8) hours in any one day, or over forty (40) hours in any one week, or on Saturday, shal shall be paid at the rate of one and one-half ( 1-1/2 ) times the regular rate of pay, except as provided herein. The day’s starting time and the number of hours to be worked for each individual employee shall be at the discrection discretion of the Contractor. The Union will consider and review a special starting time on projects where job conditions are beyond the control of the Employer. Any change in the starting or quitting time or adjustment of the work day shall be by mutual agreement between the Employer and the Local Union. (a) Where project owners establish specifications or requirements that limit the days or hours in which work may be performed, or for safety reasons, the employer, after advance notice to the union, may start the workweek after 6:00 p.m. on Sunday at straight time rates. In applying the schedule, Sunday, p.m. will be considered Monday, the following Friday will be considered Saturday, (paid at time and one-half) and Saturday will be considered Sunday (paid at double time). All premium pay provisions will apply for the sixth and seventh days as to Saturday and Sunday respectively. This schedule shall be applied by the week. 47. When a Contractor is commencing a two (2) shift or three (3) shift operation, he shall notify the International Union Representative and/or the Local Union representative, and they may request a meeting to discuss the new shift arrangement. 48. The normal work day shall consist of eight (8) hours and the normal work week of forty (40) hours except a provided herein. All work performed by an employee in excess of eight hours in any one day shall be paid for at the rate of one and one-half (1H) times the regular rate. 49. The Contractor shall have the option of scheduling work on the basis of four (4) ten (10) hour days Monday through Thursday except Friday can be scheduled as a makeup day, in the event time is lost due to inclement weather, material shortage or any other conditions beyond the contractors control. When employees are scheduled to work on a four (4) ten (10) hour day schedule time and one-half (1H) shall be paid for all hours over ten (10) in one day. In the event a Contractor cannot supply four (4) ten hour days, the Cement ▇▇▇▇▇ shall be paid under the eight (8) hour schedule. It is understood that this schedule payment change is not to be implemented for reasons of inclement weather, material shortage or other conditions beyond the control of the Contractor. The Contractor shall notify the Union when he schedules work on a four (4) ten (10) hour day basis and will hold a pre-pre- job conference with the Union, if requested by the Union. In the event two shifts are used, Section 54 is modified from eight (8) hours to ten (10) hours. In the event an employee is hired for one day, he shall be paid under the eight (8) hour schedule. 50. One and one-half (1H) times the regular rate of pay shall be paid for all work performed on Saturday, except that when the employer is working a 5–8’s schedule and time is lost by a crew during the regular work week, Monday through Friday, due to inclement weather, holiday, equipment breakdown, or by direction of the project owner beyond the control of the employer, this time may be made up by the entire crew on Saturday at the regular rate of wages. 51. For all time worked on Holidays and on Sundays, the employees shall be reimbursed at the rate of double time. 52. The following days are recognized as holidays: Decoration Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, New Year’s Day, if one of the recognized Holidays falls on Sunday, Monday shall be the recognized holiday under the terms of this agreement. No work shall be done on Labor Day except in extreme emergencies. 53. If an employee reports for work on any workday and is not put to work on that day, he/she shall be paid two (2) hours pay for reporting to work unless he has been previously notified not to report for work. In order to be paid the reporting pay, the employee must report to work at the starting time of the shift and be available for work and remain on the job site up to two (2) hours, unless released by the Contractor. Employees who commence work shall be guaranteed four (4) hours pay and employees who work past four (4) hours shall be guaranteed eight (8) hours pay, except if the Contractor is unable to furnish work because of weather or other causes beyond the Contractor’s control in which case the employee will be paid twotwo (2) hours pay or actual hours worked, whichever is greater. An employee being paid under these circumstances may be required by the contractor to remain on the job for the length of the time for which he is paid. An employee who voluntarily leaves the job prior to being discharged by the Employer shall be paid for actual hours worked. It shall be the responsibility of the employee to furnish to the Contractor the telephone number at which the employee may be called regarding reporting to work. Each employee will be provided with an opportunity for lunch between the hours of 11:00 a.m. and 1:00 p.m. On shift work, the employees shall have lunch period between the 3rd and 5th hour. If the opportunity is not provided for the employee to stop work and take an uninterrupted 30 minute lunch period, the employee shall be paid for one-half (H) hour at the rate of time and one-half (1H) during the first eight hours of his work shift. 54. Where shift work is performed in any 24-hour period, the starting time of the shifts shall be left to the discretion of the contractor. Where two shifts are employed, eight (8) hours shall constitute a day’s work for the first, and eight (8) hours shall constitute a day’s work for the second shift. When three (3) shifts are employed, seven and one-half (7H) hours shall constitute a work-day for each shift and they shall be paid for eight (8) hours. 55. In the event there is a construction contract extending into two Districts, the rate of pay for the entire construction contract shall be that of the district commanding the highest wage scale. 56. No employee shall be refused sufficient time off, without pay, from his work on National and State Election Days in order that he may exercise his right to vote. This shall in no way act to the prejudice of such employee.