Common use of Pay and Hours of Work Clause in Contracts

Pay and Hours of Work. 7.1 The probationary period for all Highway Patrol troopers begins on the date the trooper takes the oath of office following completion of the curriculum at the MHP Advanced Academy and continues for one full year thereafter. 7.2 Nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours to be worked per day, days per week, or for any other period of time except as may be specifically provided herein. 7.3 The normal work hours and work week of troopers shall remain within the discretion of the Employer to establish. It is understood and agreed that the Employer is a 24 hour per day and seven-day per week operation and that nothing in this Agreement prohibits the rescheduling of manpower to suit the Employer’s needs and requirements of the department as they may change from time-to-time. 7.4 Pay for troopers covered by this agreement will be in accordance with Addendum A. Troopers who serve as Field Training Officers (FTO’s) will be compensated an additional $2.00 per hour in addition to their base salary for each hour that they perform assigned FTO duties. For long form truck inspections, troopers-shall receive $50 for performing at least 40 inspections in a year, and an additional $50 for performing at least 50 inspections in a year. Inspections counting toward these totals must be verified by and meet quality standards established by ▇▇▇▇▇. Management will review totals and issue payments due under this provision twice per year (in early June and early December). Troopers classified as Lead Crash Investigators will be compensated at an additional $1.00 per hour on their base rate of pay. When and if a Trooper is no longer classified as a Lead Crash Investigator, he or she will no longer be compensated the additional $1.00 per hour. ▇▇▇▇▇▇▇▇ assigned as canine handlers will be compensated a flat fee of $510 per month for the care of his/her assigned canine during off-duty hours. If the Trooper goes on leave and kennels the canine, the Trooper will bear the cost of such kenneling out of the $510 off-duty care compensation. Any kenneling arrangement must be approved by the canine program supervisor in advance. The Highway Patrol will furnish the Trooper with all the necessary uniforms, gear, equipment, and transportation for the canine and canine handler position. 7.5 The Federation recognizes the Employer's right to schedule. Nothing in this Agreement shall prohibit the Employer from establishing alternative work schedules. Troopers shall be placed on a regular work schedule and unless otherwise specifically provided in this contract, a trooper’s work schedule shall not be changed unless first being given a minimum of 24 hours’ notice of the change. No troopers will be required to work any hours into scheduled days off if the schedule is based on five consecutive eight-hour workdays. No troopers will have their schedule changed on less than 24 hours’ notice, except in cases of manpower shortage due to illnesses or vacation, cases of emergency, or when required to finish an assigned task begun on a previous shift. Additionally, the 24-hour notice provision will apply to troopers who request a change in scheduled days off. 7.6 Pay rules promulgated by the Department of Justice and approved by the Department of Administration shall be in effect for all members of the bargaining unit. 7.7 The Division shall pay overtime compensation as follows: Highway Patrol Troopers are in a position for which hours of duty cannot be controlled administratively and which requires a certain amount of irregular, scheduled and unscheduled overtime duty, with the trooper generally being responsible for recognizing circumstances which require them to remain on duty or be called back to duty during a work day or work week, however, it will be the trooper’s responsibility to notify a supervisor, when any overtime is expected to extend beyond two hours. If no supervisor is available, notification of the dispatcher will satisfy this notification requirement. Highway Patrol Troopers shall receive overtime compensation for this duty. 1. Basis for determining periods of work for which overtime compensation is authorized. a. An uncontrollable job situation which is required in the normal performance of duty that requires the troopers to remain on duty or be called back to duty. b. The trooper must remain on duty or be called back to duty not merely because it is desirable, but because of compelling reasons inherently related to continuation of duty and of such a nature that failure to carry out such duty would constitute negligence. c. Such remaining on duty, call out, or assignment must be validated by the trooper’s immediate supervisor before such time can be claimed for the purpose of overtime compensation. The immediate supervisor shall notify the trooper immediately if any overtime is not validated.

Pay and Hours of Work. 7.1 The probationary period for all Highway Patrol troopers begins on the date the trooper takes the oath of office following completion of the curriculum at the MHP Advanced Academy and continues for one full year thereafter. The probationary period can be extended for extenuating circumstances or performance-based concerns. Probationary period extensions will not exceed six months. Troopers will be notified of their probationary period extension, the reason for the extension and the extension length, in writing. 7.2 Nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours to be worked per day, days per week, or for any other period of time except as may be specifically provided herein. 7.3 The normal work hours and work week of troopers shall remain within the discretion of the Employer to establish. It is understood and agreed that the Employer is a 24 hour per day and seven-day per week operation and that nothing in this Agreement prohibits the rescheduling of manpower to suit the Employer’s needs and requirements of the department as they may change from time-to-time. 7.4 Pay for troopers covered by this agreement will be in accordance with Addendum A. • Troopers who serve as Field Training Officers (FTO’s) will be compensated an additional $2.00 per hour in addition to their base salary for each hour that they perform assigned FTO duties. For long form truck inspections, troopers-shall receive $50 for performing at least 40 inspections in a year, and an additional $50 for performing at least 50 inspections in a year. Inspections counting toward these totals must be verified by and meet quality standards established by ▇▇▇▇▇. Management will review totals and issue payments due under this provision twice per year • Troopers certified as Traffic Homicide Investigators (in early June and early December). Troopers classified as Lead Crash Investigators THI) will be compensated at an additional $1.00 per hour on their base rate of pay. When and if a Trooper is no longer classified as a Lead Crash InvestigatorTHI, he or she they will no longer be compensated the additional $1.00 per hour. • Troopers who serve in the Executive Protection Detail (EPD) will be compensated an additional $1.00 per hour on their base rate of pay. When and if a Trooper is no longer assigned to the EPD, they will no longer be compensated the additional $1.00 per hour. • Troopers certified as Drug Recognition Experts (DRE) will be compensated at an additional $1.00 per hour on their base rate of pay. When and if a Trooper is no longer certified as a DRE, they will no longer be compensated the additional $1.00 per hour. ▇▇▇▇▇▇▇▇ assigned as canine handlers will be compensated a flat fee of $510 per month for the care of his/her assigned canine during off-duty hours. If the Trooper goes on leave and kennels the canine, the Trooper will bear the cost of such kenneling out of the $510 off-duty care compensation. Any kenneling arrangement arrangements must be approved by the canine program supervisor in advance. The Highway Patrol Employer will furnish the Trooper with all the necessary uniforms, gear, equipment, and transportation for the canine and canine handler position. 7.5 The Federation recognizes the Employer's right to schedule. Nothing in this Agreement shall prohibit the Employer from establishing alternative work schedules. Troopers shall be placed on a regular work schedule and unless otherwise specifically provided in this contract, a trooper’s work schedule shall not be changed unless first being given a minimum of 24 hours’ notice of the change. No troopers will be required to work any hours into scheduled days off if the schedule is based on five consecutive eight-hour workdays. No troopers will have their schedule changed on less than 24 hours’ notice, except in cases of manpower shortage due to illnesses or vacation, cases of emergency, or when required to finish an assigned task begun on a previous shift. Additionally, the 24-hour notice provision will apply to troopers who request a change in scheduled days off. 7.6 Pay rules promulgated by the Department of Justice and approved by the Department of Administration shall be in effect for all members of the bargaining unit. 7.7 The Division Employer shall pay overtime compensation as follows: Highway Patrol Troopers are in a position for which hours of duty cannot be controlled administratively and which requires a certain amount of irregular, scheduled and unscheduled overtime duty, with the trooper . Troopers are generally being responsible for recognizing circumstances which require them to remain on duty or be called back to duty during a work day or work week, however, it will be the trooper’s responsibility to notify a supervisor, when any overtime is expected to extend beyond two hours. If no supervisor is available, notification of the dispatcher will satisfy this notification requirement. Highway Patrol Troopers shall receive overtime compensation for this duty. 1. Basis for determining periods of work for which overtime compensation is authorized.: a. An uncontrollable job situation which is required in the normal performance of duty that requires the troopers to remain on duty or be called back to duty. b. The trooper must remain on duty or be called back to duty not merely because it is desirable, but because of compelling reasons inherently related to continuation of duty and of such a nature that failure duty. Failure to carry out such duty would constitute negligence. c. Such remaining on 2. Rates of overtime compensation. a. Troopers shall be paid at the rate of one and one-half times their regular rate of pay for all authorized time worked in excess of the regularly scheduled shift as designated by management or over 10 hours in one day. b. Upon mutual agreement between the trooper and the Employer, compensatory time at one and one-half hours for each hour worked may be substituted for overtime pay in this Section. 3. It is understood that the Employer has a limited amount of money to spend for overtime purposes per fiscal year, and that the money in this fund will only be spent for overtime purposes. Should this money be spent prior to the end of the fiscal year for which it was allocated, it is agreed that the troopers will continue to perform all duties of their jobs as required, including necessary overtime. It is further understood that overtime earned after the fund is exhausted in any fiscal year will not be paid by the Employer or absorbed by funds from other programs. 4. Upon exhaustion of the monies available for overtime, compensatory time shall be granted at the rate of one and one-half hours for each hour worked in excess of the regular scheduled shift as designated by management or over 10 hours in one day. 5. If a trooper banks the maximum allowance of 240 hours of compensatory time earned, overtime shall be paid at the rate of one and one-half hours for each hour worked in excess of the regularly scheduled shift as designated by management or over 10 hours in one day. Overtime funds are subject to article 7.7 subsection 3 of this agreement. 7.8 Compensation for mandatory education and training sessions ordered by the Employer shall be in accordance with policy P-14, Training Hours in the MHP, Regulations, Policies and Procedures Manual. Compensation for voluntary education and training sessions shall be uniform for all troopers but shall be subject to requirements posted at the time of application. 7.9 The job requires troopers to respond to calls outside scheduled work hours consistent with the trooper position description and Highway Patrol General Regulations. A call out of a trooper while the trooper is in “off-duty, call out, or assignment must ” status shall be validated paid for a minimum of three hours at one and one-half time. No more than one three-hour claim in a 24-hour period will be accepted unless prompted by distinct and separate events and the original three-hour paid time has elapsed. Troopers who are required by their job to appear in court outside their regular work shift will be compensated for a minimum of three hours at time and one-half pay. 7.10 Troopers shall receive compensation at the rate of ½ hour at the overtime rate of pay for phone calls answered from dispatch during the trooper’s immediate supervisor before such time can off-duty hours if the call does not require a full response in a uniform and patrol car. To receive this compensation, troopers shall include the CFS number in the comments of the reported time. If the call does require a full response, compensation will be claimed for the purpose of overtime compensation. The immediate supervisor shall notify the trooper immediately if any overtime is not validatedgoverned by section 7.9 above.