Common use of Hours of Work Schedules Clause in Contracts

Hours of Work Schedules. 7.1. The standard workweek shall consist of 37.5 hours of on-duty time. 7.2. The standard workday shall consist of 7.5 hours of on-duty time. 7.3. The Employer shall schedule the Employees' working hours. 7.4. If scheduling demands require a workday or workweek other than the ones indicated above, Employees shall be compensated pursuant to Article 10 (overtime). 7.5. Employees shall be allowed an unpaid lunch period of one (1) hour each workday at a reasonable time. 7.6. Employees shall be allowed one 15-minute rest period, with pay, at a reasonable time during each one-half (½) of the workday. 7.7. Management may require an Employee to secure prior written approval from the Employee's supervisor for absences from the assigned workplace that exceed one-half (½) day. 7.8. The creation and implementation of individual or group schedules that differ from the standard shall be accomplished pursuant to this paragraph 7.8 as follows: The parties acknowledge the following: 1. They are bound by this collective bargaining Agreement which remains in force. 2. Each party will benefit from a change in the current work schedule in certain work groups or divisions. Flexibility in scheduling work time can facilitate better productivity for both an individual and a work team. 3. Neither party intends that the provisions of this paragraph 7.8 will operate to increase the Employer's costs of operation or of providing benefits. 4. The goal of each party to this Agreement is to provide a satisfying work environment for Employees and excellent service to the public. For and in consideration of their mutual promises, contained herein, the parties agree as follows: A. This paragraph 7.8 applies to any Employee or work teams covered by the collective bargaining Agreement who choose to work assigned schedules as provided for in this Agreement. B. The assignment of work, and of work schedules, shall continue to be a right of management, except as modified by a collective bargaining agreement. This paragraph 7.8 will allow the Employer to implement, for the Employees, a normal work schedule that results in hours of work that are different from those set out above in Article 7 of the collective bargaining agreement. Participation in the new assigned work schedule under this paragraph 7.8 must be voluntary on the part of the Employee. The implementation of this Agreement shall not result in any loss of the Employer's rights to set schedules or assign work. C. The Employees specified in A. above, may be scheduled to regularly work the hours each workday, and the workdays in each workweek which are decided upon, after conferring, by the Employee and her or his supervisor, and posted by the Employer. Copies of all new or amended work schedules for work teams shall be distributed by the supervisor to the Union, department director, and City's Chief Administrative Officer, and made available, by posting or otherwise, to Employees. D. Each Employee will be eligible for overtime rate of pay after he or she has worked the hours in a day which were regularly and previously scheduled for that day, as set out in this Agreement, or after he or she has worked the hours in a workweek which were regularly and previously scheduled for that week, as set out in this Agreement, or that total at least forty (40) hours. E. If the Employees and the supervisor of a work group decide that the work group shall use individual work schedules rather than a group schedule, then the following shall apply: 1. The Employee shall request an individual schedule. schedule. schedule limits. 2. The Employee and immediate supervisor shall agree upon a 3. The Employer must approve the schedule to be implemented. 4. Any schedule that is implemented must not violate the established F. The Employer shall evaluate the effectiveness of any work schedules under this supplemental agreement. Work schedules should result in a continuation of, or improvement in, the quality and quantity of service to the public; increased Employee satisfaction; continuation or improvement in workplace communication and professionalism; continued or increased public access to services; continued or increased office hours. No schedule shall result in increased cost under Federal or State Labor Standards Acts. G. When an Employee is working under a schedule implemented pursuant to this paragraph 7.8, vacation accumulation will be calculated using hours worked, not days; for purposes of calculating holiday pay or personal leave work hours shall mean a period of seven and one-half (7½) hours for Employees working a thirty-seven and one-half (37 ½) hour workweek, and eight (8) hours for Employees working a forty (40) hour workweek. Basic Hourly Rate calculation will be adjusted, if needed, so that base pay remains unchanged from what it was before implementation. For purposes of retiree hospital-medical insurance, the term "day" shall mean the period of time worked in one day. 7.9. Employer shall follow the Fair Labor Standards Act (FLSA), 29 Code of Federal Regulations, Section 541, using the salaries and duties tests set forth to determine FLSA status. Overtime and compensatory time language and provisions in this Agreement shall not apply to positions determined to be FLSA-exempt. Any change in an Employee's FLSA status shall be negotiated with the Union. 7.10. Assistant City Attorney assigned to work on labor relations matters as part of his or her duties ("Attorney"). The purpose of this paragraph is to recognize and incorporate the addition of the Position of Attorney, effective January 1, 2015, into this Agreement. Unless modified in this Section 7.10, all Articles of this Agreement apply to the Attorney. a. The Attorney is a salaried Position exempt from the overtime provisions of the Fair Labor Standards Act (FLSA). The Attorney shall work whatever hours are necessary to perform his or her duties and responsibilities, and shall be permitted to take time off during his or her workday. He or she may take a reasonable rest period and lunch break during each day worked. b. The Attorney accepting a different appointed Position shall be on a leave of absence during the period of such employment; he or she shall be reinstated to his or her Attorney Position upon the expiration of such employment. The Attorney transferred to the Assistant City Attorney Position, currently represented by the City of Duluth Supervisory Association (CDSA), shall begin at the CDSA pay range step nearest to his or her current Monthly Pay. c. For purposes of Article 32 (Layoffs of Employees), the Attorney's seniority is determined by original date-of-hire with the Employer. All attorneys, whether permanent, temporary, provisional, substitute, or CDSA, employed by the Employer with less seniority shall be laid off before the Assistant City Attorney. d. Attorneys involuntarily laid off from any employment with the Employer shall be entitled to a lump sum severance payment equal to four (4) months of his or her Monthly Pay, including longevity, as of the final day of employment plus one (1) additional week for each year of service in excess of sixteen (16) years, with total payment not to exceed twenty-six (26) weeks. Such payments shall include salary, earned longevity award, and any other contractual monthly payments customarily made to Assistant City Attorneys. Employer shall continue any severed Employee's hospital-medical, life, and dental coverages, including monthly Employer premium cost-sharing, to the same extent as active Employees during the severance period. e. Upon ratification of this Agreement, the Attorney shall be placed at the step in the pay range established in the appendices of this Agreement per each twelve (12) months of service for the Employer as either an Assistant City Attorney, currently represented by CDSA, or the Attorney in this bargaining unit, except when placement in a higher step is approved by the Chief Administrative Officer. Attorney shall then advance one step per each additional twelve (12) months of service.

Hours of Work Schedules. 7.1. The standard workweek shall consist of 37.5 hours of on-duty time. Effective January 26, 2025, the standard workweek shall consist of 40 hours of on-duty time. 7.2. The standard workday shall consist of 7.5 hours of on-duty time. Effective January 26, 2025, the standard workday shall consist of 8 hours of on-duty time. 7.3. The Employer shall schedule the Employees' working hours. 7.4. If scheduling demands require a workday or workweek other than the ones indicated above, Employees shall be compensated pursuant to Article 10 (overtime). 7.5. Employees shall be allowed an unpaid lunch period of one (1) hour each workday at a reasonable time. Effective January 26, 2025, Employees shall be allowed an unpaid lunch period of thirty (30) minutes each workday at a reasonable time. 7.6. Employees shall be allowed one 15-minute rest period, with pay, at a reasonable time during each one-half (½half(½) of the workday. 7.7. Management may require an Employee to secure prior written approval from the Employee's supervisor for absences from the assigned workplace that exceed one-half (½) day. 7.8. The creation and implementation of individual or group schedules that differ from the standard shall be accomplished pursuant to this paragraph 7.8 as follows: The parties acknowledge the following: 1. They are bound by this collective bargaining Agreement which remains in force.. City Contract No. 24919 Docusign Envelope ID: 8B0D4E8C-ADDF-4CB9-805E-C4708FF13ED3 2. Each party will benefit from a change in the current work schedule in certain work groups or divisions. Flexibility in scheduling work time can facilitate better productivity for both an individual and a work team. 3. Neither party intends that the provisions of this paragraph 7.8 will operate to increase the Employer's costs of operation or of providing benefits. 4. The goal of each party to this Agreement is to provide a satisfying work environment for Employees and excellent service to the public. For and in consideration of their mutual promises, contained herein, the parties agree as follows: A. This paragraph 7.8 applies to any Employee or work teams covered by the collective bargaining Agreement who choose to work assigned schedules as provided for in this Agreement. B. The assignment of work, and of work schedules, shall continue to be a right of management, except as modified by a collective bargaining agreement. This paragraph 7.8 will allow the Employer to implement, for the Employees, a normal work schedule that results in hours of work that are different from those set out above in Article 7 of the collective bargaining agreement. Participation in the new assigned work schedule under this paragraph 7.8 must be voluntary on the part of the Employee. The implementation of this Agreement shall not result in any loss of the Employer's rights to set schedules or assign work. C. The Employees specified in A. above, may be scheduled to regularly work the hours each workday, and the workdays in each workweek which are decided upon, after conferring, by the Employee and her or his their supervisor, and posted by the Employer. Copies of all new or amended work schedules for work teams shall be distributed by the supervisor to the Union, department director, and City's Chief Administrative OfficerCity Administrator, and made available, by posting or otherwise, to Employees. D. Each Employee will be eligible for overtime rate of pay after he or she the Employee has worked the hours in a day which were regularly and previously scheduled for that day, as set out in this Agreement, or after he or she the Employee has worked the hours in a workweek which were regularly and previously scheduled for that week, as set out in this Agreement, or that total at least forty (40) hours. E. If the Employees and the supervisor of a work group decide that the work group shall use individual work schedules rather than a group schedule, then the following shall apply: 1. The Employee shall request an individual schedule. schedule. schedule limits. 2. The Employee and immediate supervisor shall agree upon aa schedule. City Contract No. 24919 Docusign Envelope ID: 8B0D4E8C-ADDF-4CB9-805E-C4708FF13ED3 3. The Employer must approve the schedule to be implemented. 4. Any schedule that is implemented must not violate the establishedestablished schedule limits. F. The Employer shall evaluate the effectiveness of any work schedules under this supplemental agreement. Work schedules should result in a continuation of, or improvement in, the quality and quantity of service to the public; increased Employee satisfaction; continuation or improvement in workplace communication and professionalism; continued or increased public access to services; continued or increased office hours. No schedule shall result in increased cost under Federal or State Labor Standards Acts. G. When an Employee is working under a schedule implemented pursuant to this paragraph 7.8, vacation accumulation will be calculated using hours worked, not days; for purposes of calculating holiday pay or personal leave work hours shall mean a period of seven and one-half (7½) hours. Effective January 26, 2025, for purposes of calculating holiday pay or personal leave work hours for Employees working shall mean a thirty-seven and one-half (37 ½) hour workweek, and period of eight (8) hours for Employees working a forty (40) hour workweekhours. Basic Hourly Rate calculation will be adjusted, if needed, so that base pay remains unchanged from what it was before implementation. For purposes of retiree hospital-hospital- medical insurance, the term "day" shall mean the period of time worked in one day. H. An Employee's request to work a flexible schedule will not be unreasonably denied. If the request is denied, the supervisor will promptly provide the reason(s) for the denial in writing to the Employee. The Employee may appeal their supervisor's denial to their Department Director. Denials of flexible scheduling requests are not subject to Article 35 (Grievance Procedure). 7.9. Employer shall follow the Fair Labor Standards Act (FLSA), 29 Code of Federal Regulations, Section 541, using the salaries and duties tests set forth to determine FLSA status. Overtime and compensatory time language and provisions in this Agreement shall not apply to positions determined to be FLSA-exempt. Any change in an Employee's FLSA status shall be negotiated with the Union. 7.10. Assistant City Attorney assigned to work on labor relations matters as part of his or her duties ("Attorney"). The purpose of this paragraph is to recognize and incorporate the addition of the Position of Attorney, effective January 1, 2015, into this Agreement. Unless modified in this Section 7.10, all Articles of this Agreement apply to the Attorney. a. The Attorney is a salaried Position exempt from the overtime provisions of the Fair Labor Standards Act (FLSA). The Attorney shall work whatever hours are necessary to perform his or her duties and responsibilities, and shall be permitted to take time off during his or her workday. He or she may take a reasonable rest period and lunch break during each day worked. b. The Attorney accepting a different appointed Position shall be on a leave of absence during the period of such employment; he or she shall be reinstated to his or her Attorney Position upon the expiration of such employment. The Attorney transferred to the Assistant City Attorney Position, currently represented by the City of Duluth Supervisory Association (CDSA), shall begin at the CDSA pay range step nearest to his or her current Monthly Pay. c. For purposes of Article 32 (Layoffs of Employees), the Attorney's seniority is determined by original date-of-hire with the Employer. All attorneys, whether permanent, temporary, provisional, substitute, or CDSA, employed by the Employer with less seniority shall be laid off before the Assistant City Attorney. d. Attorneys involuntarily laid off from any employment with the Employer shall be entitled to a lump sum severance payment equal to four (4) months of his or her Monthly Pay, including longevity, as of the final day of employment plus one (1) additional week for each year of service in excess of sixteen (16) years, with total payment not to exceed twenty-six (26) weeks. Such payments shall include salary, earned longevity award, and any other contractual monthly payments customarily made to Assistant City Attorneys. Employer shall continue any severed Employee's hospital-medical, life, and dental coverages, including monthly Employer premium cost-sharing, to the same extent as active Employees during the severance period. e. Upon ratification of this Agreement, the Attorney shall be placed at the step in the pay range established in the appendices of this Agreement per each twelve (12) months of service for the Employer as either an Assistant City Attorney, currently represented by CDSA, or the Attorney in this bargaining unit, except when placement in a higher step is approved by the Chief Administrative Officer. Attorney shall then advance one step per each additional twelve (12) months of service.