Common use of HOURS OF WORK, WORK SCHEDULES AND OVERTIME Clause in Contracts

HOURS OF WORK, WORK SCHEDULES AND OVERTIME. 9.01 Overtime pay is defined as one and one-half (1½) times the straight hourly rate. 9.02 Employees shall receive overtime pay for all work performed: • in excess of seven and one-half (7½) hours per day with the exception of employees working the night shift (8 paid hours shift) who shall receive overtime pay for all work performed in excess of eight (8) hours per day, or eighty (80) hours per pay period; • in excess of seventy-five (75) straight time hours per pay period; • in excess of five (5) consecutive Master Scheduled days; • in excess of seven (7) consecutive days; • within the specified “break” period defined in Article 9.07 9.03 There shall be no pyramiding of overtime under any provisions of this Agreement. 9.04 The following is intended to define the normal hours of work for employees, but shall not be interpreted as a guarantee of hours of work per day or per week, or days of work per week. a. It is agreed that the normal hours shall be as follows: • First shift starts at 11:00 p.m., ends at 7:00 a.m. • Second shift starts at 7:00 a.m., ends at 3:00 p.m. • Third shift starts at 3:00 p.m., ends at 11:00 p.m. b. The parties agree that there are existing shifts, including short shifts that vary from the times set out above. These shifts shall continue in accordance with established practice. c. The parties agree that there may be a requirement to change shifts or to establish alternative shifts in the future. Changes, if required, will be based on the need to provide efficient, quality care for the residents. d. So long as a full-time position exists, there will be no splitting of that position into two or more part-time positions, without the agreement of the Union; such agreement not to be unreasonably withheld. e. No new shifts will be less than three (3) hours in length. Notwithstanding this Agreement, where there is a unique, “one- time” shift such as special event catering or cleaning, the Employer may offer shifts of no less than two (2) hours, it being understood that employees have the right to refuse to work such a shift and that a refusal will not be held against them. a. Each employee will be entitled to eating periods/breaks based on the following: i. employees for seven (7) to eight (8) hours in a shift will be allowed one (1) thirty (30) minutes “unpaid” lunch break and a fifteen (15) minute break “with pay” during each half (½) shift at approximately the mid-point of the half shift. ii. Employees scheduled for five (5) hours but less than seven (7) hours in a shift will be allowed one (1) thirty (30) minute “unpaid” lunch break, and a fifteen (15) minute break “with pay” at the mid-point of the shift. iii. Employees scheduled for four (4) but less than five (5) hours in a shift will be allowed one (1) “paid” fifteen (15) minute break

HOURS OF WORK, WORK SCHEDULES AND OVERTIME. 9.01 Overtime pay is defined as one and one-half (1½) times the straight hourly rate. 9.02 Employees shall receive overtime pay for all work performed: • in excess of seven and one-half (7½) hours per day with the exception of employees working the night shift (8 paid hours shift) who shall receive overtime pay for all work performed in excess of eight (8) hours per day, or eighty (80) hours per pay period; • in excess of seventy-five (75) straight time hours per pay period; • in excess of five (5) consecutive Master Scheduled days; • in excess of seven (7) consecutive days; • within the specified “break” period defined in Article 9.07 9.03 There shall be no pyramiding of overtime under any provisions of this Agreement. 9.04 The following is intended to define the normal hours of work for employees, but shall not be interpreted as a guarantee of hours of work per day or per week, or days of work per week. a. It is agreed that the normal hours shall be as follows: • First shift starts at 11:00 p.m., ends at 7:00 a.m. • Second shift starts at 7:00 a.m., ends at 3:00 p.m. • Third shift starts at 3:00 p.m., ends at 11:00 p.m. b. The parties agree that there are existing shifts, including short shifts that vary from the times set out above. These shifts shall continue in accordance with established practice. c. The parties agree that there may be a requirement to change shifts or to establish alternative shifts in the future. Changes, if required, will be based on the need to provide efficient, quality care for the residents. d. So long as a full-time position exists, there will be no splitting of that position into two or more part-time positions, without the agreement of the Union; such agreement not to be unreasonably withheld. e. No new shifts will be less than three (3) hours in length. Notwithstanding this Agreement, where there is a unique, “one- one-time” shift such as special event catering or cleaning, the Employer may offer shifts of no less than two (2) hours, it being understood that employees have the right to refuse to work such a shift and that a refusal will not be held against them. a. Each employee will be entitled to eating periods/breaks based on the following: i. employees for seven (7) to eight (8) hours in a shift will be allowed one (1) thirty (30) minutes “unpaid” lunch break and a fifteen (15) minute : break “with pay” during each half (½) shift at approximately the mid-point of the half shift. ii. Employees scheduled for five (5) hours but less than seven (7) hours in a shift will be allowed one (1) thirty (30) minute “unpaid” lunch break, and a fifteen (15) minute break “with pay” at the mid-point of the shift. iii. Employees scheduled for four (4) but less than five (5) hours in a shift will be allowed one (1) “paid” fifteen (15) minute break

HOURS OF WORK, WORK SCHEDULES AND OVERTIME. 9.01 Overtime pay is defined as one and one-half (1½) times the straight hourly rate. 9.02 Employees shall receive overtime pay for all work performed: •  in excess of seven and one-half (7½) hours per day with the exception of employees working the night shift (8 paid hours shift) who shall receive overtime pay for all work performed in excess of eight (8) hours per day, or eighty (80) hours per pay period; •  in excess of seventy-five (75) straight time hours per pay period; •  in excess of five (5) consecutive Master Scheduled days; •  in excess of seven (7) consecutive days; •  within the specified “break” period defined in Article 9.07 9.03 There shall be no pyramiding of overtime under any provisions of this Agreement. 9.04 The following is intended to define the normal hours of work for employees, but shall not be interpreted as a guarantee of hours of work per day or per week, or days of work per week. a. It is agreed that the normal hours shall be as follows: •  First shift starts at 11:00 p.m., ends at 7:00 a.m. •  Second shift starts at 7:00 a.m., ends at 3:00 p.m. •  Third shift starts at 3:00 p.m., ends at 11:00 p.m. b. The parties agree that there are existing shifts, including short shifts that vary from the times set out above. These shifts shall continue in accordance with established practice. c. The parties agree that there may be a requirement to change shifts or to establish alternative shifts in the future. Changes, if required, will be based on the need to provide efficient, quality care for the residents. d. So long as a full-time position exists, there will be no splitting of that position into two or more part-time positions, without the agreement of the Union; such agreement not to be unreasonably withheld. e. No new shifts will be less than three (3) hours in length. Notwithstanding this Agreement, where there is a unique, “one- one-time” shift such as special event catering or cleaning, the Employer may offer shifts of no less than two (2) hours, it being understood that employees have the right to refuse to work such a shift and that a refusal will not be held against them. a. Each employee will be entitled to eating periods/breaks based on the following: i. employees for seven (7) to eight (8) hours in a shift will be allowed one one (1) thirty (30) minutes “unpaid” lunch break and a fifteen (15) minute break “with pay” during each half (½) shift at approximately the mid-point of the half shift. ii. Employees scheduled for five (5) hours but less than seven (7) hours in a shift will be allowed one (1) thirty (30) minute “unpaid” lunch break, and a fifteen (15) minute break “with pay” at the mid-point of the shift. iii. Employees scheduled for four (4) but less than five (5) hours in a shift will be allowed one (1) “paid” fifteen (15) minute break at the mid-point of the shift, but will not be entitled to a thirty (30) minute lunch break. Resident Coordinators and Attendants required to work the 2300 – 0700 hours shift shall be paid straight time for their one-half (½) hour lunch break. Breaks may be interrupted from time to time to care for resident needs. b. Employees shall be allowed their full breaks as set out above without interruption, except in cases of fire drills or emergency. Interrupted breaks shall be extended for the portion missed. In the case where a Resident Coordinator is unable to be properly replaced, or is unable to take a full lunch break, they shall have their lunch break paid. 9.06 Employees shall be scheduled at least every second weekend off, unless otherwise agreed by the employee(s) involved. This does not apply to a part- time employee(s) specifically hired to work weekends. 9.07 Each employee shall have a break of at least twelve (12) hours between shifts if the shifts are each regular seven and one-half (7½) hour shift, or a break of at least eight (8) hours between shifts if at least one of the shifts is a short shift. a. Employees may exchange working days and off days with other qualified employees in the employ of the Employer providing that, except in case of emergency, they submit such request in writing seventy-two (72) hours in advance to their supervisor. The Supervisor shall respond to such requests within seventy-two (72) hours of receipt of the employee’s request. Such exchanges shall be granted unless just cause is given to the employee, in writing, why the exchange of shifts shall not be considered in the calculation of eligibility for, or payment of, overtime premiums. b. Notwithstanding Article 9.09, the parties agree that four (4) weeks notice is not required for scheduling shift exchanges, shift giveaways, float or lieu days. With regard to shift giveaways and exchanges, the following terms of reference apply: i. there shall be no exchanging or giving away of a call-in shift. ii. there shall be no exchanging or giving away of an exchanged or given day. iii. giveaway shifts shall not be used to permanently alter a master schedule. iv. a shift giveaway shall be offered in order of seniority to qualified staff. It is the responsibility of employees to ensure this process is followed. It is agreed that this issue cannot be the subject of a grievance. 9.09 The Employer shall post work schedules on a four (4) week basis at least one (1) week prior to the effective day of the schedule. No changes shall be made in the schedule after it has gone into effect, unless there is agreement with the employee(s) concerned. Changes, if made, shall only be made by the supervisor or her designate. 9.10 Those employees working the night shift when the change occurs from daylight saving to standard time, or vice versa, shall be paid straight time for the exact number of hours worked during the shift. 9.11 No full-time employee shall be schedule to work more than two (2) different shifts unless mutually agreed, in any one (1) week, except in cases of emergency. 9.12 The Employer shall not transfer a full-time employee to a different shift unless this is mutually agreed upon by the Employer and the employee. 9.13 Full-time employees called in on their weekend off shall have the option of receiving overtime pay or receiving another day off with pay to be taken within thirty (30) days. The Employee shall receive the overtime portion of pay during the current pay period and the straight time hourly wage shall be received when the lieu day is taken.

HOURS OF WORK, WORK SCHEDULES AND OVERTIME. 9.01 Overtime pay is defined as one and one-half (1½) times the straight hourly rate. 9.02 Employees shall receive overtime pay for all work performed: • in excess of seven and one-half (7½) hours per day with the exception of employees working the night shift (8 paid hours shift) who shall receive overtime pay for all work performed in excess of eight (8) hours per day, or eighty (80) hours per pay period; • in excess of seventy-five (75) straight time hours per pay period; • in excess of five (5) consecutive Master Scheduled days; • in excess of seven (7) consecutive days; • within the specified “break” period defined in Article 9.07 9.03 There shall be no pyramiding of overtime under any provisions of this Agreement. 9.04 The following is intended to define the normal hours of work for employees, but shall not be interpreted as a guarantee of hours of work per day or per week, or days of work per week. a. It is agreed that the normal hours shall be as follows: • First shift starts at 11:00 p.m., ends at 7:00 a.m. • Second shift starts at 7:00 a.m., ends at 3:00 p.m. • Third shift starts at 3:00 p.m., ends at 11:00 p.m. b. The parties agree that there are existing shifts, including short shifts that vary from the times set out above. These shifts shall continue in accordance with established practice. c. The parties agree that there may be a requirement to change shifts or to establish alternative shifts in the future. Changes, if required, will be based on the need to provide efficient, quality care for the residents. d. So long as a full-time position exists, there will be no splitting of that position into two or more part-time positions, without the agreement of the Union; such agreement not to be unreasonably withheld. e. No new shifts will be less than three (3) hours in length. Notwithstanding this Agreement, where there is a unique, “one- time” shift such as special event catering or cleaning, the Employer may offer shifts of no less than two (2) hours, it being understood that employees have the right to refuse to work such a shift and that a refusal will not be held against them. a. Each employee will be entitled to eating periods/breaks based on the following: i. employees for seven (7) to eight (8) hours in a shift will be allowed one (1) thirty (30) minutes “unpaid” lunch break and a fifteen (15) minute break “with pay” during each half (½) shift at approximately the mid-point of the half shift. ii. Employees scheduled for five (5) hours but less than seven (7) hours in a shift will be allowed one (1) thirty (30) minute “unpaid” lunch break, and a fifteen (15) minute break “with pay” at the mid-point of the shift. iii. Employees scheduled for four (4) but less than five (5) hours in a shift will be allowed one (1) “paid” fifteen (15) minute breakbreak at the mid-point of the shift, but will not be entitled to a thirty

HOURS OF WORK, WORK SCHEDULES AND OVERTIME. 9.01 Overtime pay is defined as one and one-half (1½) times the straight hourly rate. 9.02 Employees shall receive overtime pay for all work performed: • in excess of seven and one-half (7½) hours per day with the exception of employees working the night shift (8 paid hours shift) who shall receive overtime pay for all work performed in excess of eight (8) hours per day, or eighty (80) hours per pay period; • in excess of seventy-five (75) straight time hours per pay period; • in excess of five (5) consecutive Master Scheduled days; • in excess of seven (7) consecutive days; • within the specified “break” period defined in Article 9.07 9.03 There shall be no pyramiding of overtime under any provisions of this Agreement. 9.04 The following is intended to define the normal hours of work for employees, but shall not be interpreted as a guarantee of hours of work per day or per week, or days of work per week. a. It is agreed that the normal hours shall be as follows: • First shift starts at 11:00 p.m., ends at 7:00 a.m. • Second shift starts at 7:00 a.m., ends at 3:00 p.m. • Third shift starts at 3:00 p.m., ends at 11:00 p.m. b. The parties agree that there are existing shifts, including short shifts that vary from the times set out above. These shifts shall continue in accordance with established practice. c. The parties agree that there may be a requirement to change shifts or to establish alternative shifts in the future. Changes, if required, will be based on the need to provide efficient, quality care for the residents. d. So long as a full-time position exists, there will be no splitting of that position into two or more part-time positions, without the agreement of the Union; such agreement not to be unreasonably withheld. e. No new shifts will be less than three (3) hours in length. Notwithstanding this Agreement, where there is a unique, “one- one-time” shift such as special event catering or cleaning, the Employer may offer shifts of no less than two (2) hours, it being understood that employees have the right to refuse to work such a shift and that a refusal will not be held against them. a. Each employee will be entitled to eating periods/breaks based on the following: i. employees for seven (7) to eight (8) hours in a shift will be allowed one one (1) thirty (30) minutes “unpaid” lunch break and a fifteen (15) minute break “with pay” during each half (½) shift at approximately the mid-point of the half shift. ii. Employees scheduled for five (5) hours but less than seven (7) hours in a shift will be allowed one (1) thirty (30) minute “unpaid” lunch break, and a fifteen (15) minute break “with pay” at the mid-point of the shift. iii. Employees scheduled for four (4) but less than five (5) hours in a shift will be allowed one (1) “paid” fifteen (15) minute break at the mid-point of the shift, but will not be entitled to a thirty (30) minute lunch break. Resident Coordinators and Attendants required to work the 2300 – 0700 hours shift shall be paid straight time for their one-half (½) hour lunch break. Breaks may be interrupted from time to time to care for resident needs. b. Employees shall be allowed their full breaks as set out above without interruption, except in cases of fire drills or emergency. Interrupted breaks shall be extended for the portion missed. In the case where a Resident Coordinator is unable to be properly replaced, or is unable to take a full lunch break, they shall have their lunch break paid. 9.06 Employees shall be scheduled at least every second weekend off, unless otherwise agreed by the employee(s) involved. This does not apply to a part- time employee(s) specifically hired to work weekends. 9.07 Each employee shall have a break of at least twelve (12) hours between shifts if the shifts are each regular seven and one-half (7½) hour shift, or a break of at least eight (8) hours between shifts if at least one of the shifts is a short shift. a. Employees may exchange working days and off days with other qualified employees in the employ of the Employer providing that, except in case of emergency, they submit such request in writing seventy-two (72) hours in advance to their supervisor. The Supervisor shall respond to such requests within seventy-two (72) hours of receipt of the employee’s request. Such exchanges shall be granted unless just cause is given to the employee, in writing, why the exchange of shifts shall not be considered in the calculation of eligibility for, or payment of, overtime premiums. b. Notwithstanding Article 9.09, the parties agree that four (4) weeks notice is not required for scheduling shift exchanges, shift giveaways, float or lieu days. With regard to shift giveaways and exchanges, the following terms of reference apply: i. there shall be no exchanging or giving away of a call-in shift. ii. there shall be no exchanging or giving away of an exchanged or given day. iii. giveaway shifts shall not be used to permanently alter a master schedule. iv. a shift giveaway shall be offered in order of seniority to qualified staff. It is the responsibility of employees to ensure this process is followed. It is agreed that this issue cannot be the subject of a grievance. 9.09 The Employer shall post work schedules on a four (4) week basis at least one (1) week prior to the effective day of the schedule. No changes shall be made in the schedule after it has gone into effect, unless there is agreement with the employee(s) concerned. Changes, if made, shall only be made by the supervisor or her designate. 9.10 Those employees working the night shift when the change occurs from daylight saving to standard time, or vice versa, shall be paid straight time for the exact number of hours worked during the shift. 9.11 No full-time employee shall be schedule to work more than two (2) different shifts unless mutually agreed, in any one (1) week, except in cases of emergency. 9.12 The Employer shall not transfer a full-time employee to a different shift unless this is mutually agreed upon by the Employer and the employee. 9.13 Full-time employees called in on their weekend off shall have the option of receiving overtime pay or receiving another day off with pay to be taken within thirty (30) days. The Employee shall receive the overtime portion of pay during the current pay period and the straight time hourly wage shall be received when the lieu day is taken.