PRIVATE ARTICLE 18tc \l 1 "ARTICLE 18"

OVERTIME

Section 18.01 ‑ Types of Overtime Work. Generally, this Article refers to two (2) types of overtime work:

(1) Regular and recurring overtime work scheduled in advance of the administrative workweek as part of the employee's regularly scheduled tour of duty; and

(2) Irregular or occasional overtime which is intermittent and usually ordered on short notice.

Section 18.02 - Approval. All overtime and compensatory time must be approved in advance by the appropriate official, except where employees are entitled to overtime within the meaning of the Fair Labor Standards Act.

Section 18.03 ‑ Compensation for Overtime Work.

(1) Consistent with the Fair Labor Standards Act (FLSA) and other applicable laws and regulations, nonexempt employees and exempt employees whose salary is less than or equal to GS‑10/10 will be allowed to choose between compensatory time and overtime pay.

(2) FLSA exempt employees whose salaries are in excess of GS-10/10 shall be given the option to receive overtime pay or compensatory time for irregular or occasional overtime, except that they may be required to accept compensatory time in lieu of overtime pay if valid reasons preclude Management from payment of overtime.

(3) In accordance with applicable law and implementing regulations, the maximum rate of overtime pay shall not exceed 1½ times the hourly rate of the basic pay of a GS-10, step 1.

(4) Management shall not show preferential treatment to employees based on their choice between taking overtime pay and compensatory time.

Section 18.04 - Accumulation of Compensatory Time. Compensatory time credits shall be used by the end of the leave year in which it is earned; except that unused compensatory time which is earned during the last five (5) pay periods of the leave year may be carried over for use during the first five (5) pay periods of the following year. Management and the employee are responsible for assuring that earned compensatory time credits are used within the above time frame. If an FLSA nonexempt employee does not request or take compensatory time within the established time

periods, the unused compensatory time will be paid at the overtime rate in effect for the work period in which it was earned.

Section 18.05 ‑ Overtime Aggregation.

(1)Regular and Recurring Overtime Scheduled in Advance. Management agrees that in the scheduling of overtime in advance, such work shall be scheduled in quarter hour increments. Such increments shall be aggregated into hours or portions thereof at the end of each pay period for compensation. Any portion of a quarter hour shall be rounded off to the next higher increment.

(2)Irregular or Occasional Overtime. When employees work irregular or occasional overtime, Management shall aggregate time as follows:

(a) It shall round down to the next lower quarter hour those odd minutes of work that are less than fifty (50) percent of a quarter hour; and

(b) Shall round up to the next higher increment those odd minutes of work that equal or exceed fifty (50) percent of a quarter hour.

Section 18.06 ‑ Rest Breaks on Overtime. Each employee who works overtime shall be entitled to a rest break of fifteen (15) minutes for each four (4) hours of overtime. A rest break may be taken after the first two (2) hours of the overtime period. However, no rest break is intended at the end of the overtime period, nor is it intended that a rest break shall replace or be added to the normal lunch break after a four (4) hour segment of overtime worked.

Section 18.07 ‑ Assignment to Overtime Work. Management shall advise employees that those who desire to volunteer for overtime work may indicate their preference by signing up on a volunteer overtime list which shall be made readily available for inspection. Management shall first consider the assignment of overtime to volunteers who perform work of the same nature during the time falling within their basic workweek, as well as to other qualified employees having the requisite skills and personal qualifications for the work to be performed. Assignments of overtime shall be made on a fair and equitable basis in accordance with Management's need to accomplish the work.

Section 18.08 - Overtime Work. The parties explicitly recognize Management's right to order or approve overtime work by any employee on any work schedule/tour of duty.

Section 18.09 ‑ Excusal. Upon request and a reasonable showing that a requirement to work overtime will work a hardship on an employee, Management shall excuse the employee from overtime work provided that a comparably qualified employee is available for the assignment.

Section 18.10 ‑ Election. The election of an employee to request either compensatory time or overtime pay shall not be a factor in the assignment of overtime work.

Section 18.11 ‑ Notice. Management shall, to the extent practicable, provide employees with two (2) days' advance notice of overtime assignments.

Section 18.12 ‑ Call‑Back Time. Employees called back to work outside of and unconnected with their regular hours of work shall be paid for at least two (2) hours of work. Management, to the extent practicable, shall schedule such work for at least four (4) hours on said occasions, if appropriate work is available.

Section 18.13 - Official Vehicle Breakdown. When a vehicle used on official Government business breaks down or is otherwise inoperable, the employee shall, within an hour of the breakdown (or as soon thereafter as practical), provide the supervisor with an estimate of the situation and request instructions. The supervisor shall approve a reasonable amount of official time for the purpose of obtaining emergency repairs. Anytime beyond the end of the employee's tour of duty which constitutes overtime may be approved by the appropriate official, provided the employee presents a brief written explanation and, where available, documentation relating to the emergency.