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ARTICLE VII


HOURS AND OVERTIME

employee's own time to perform any duty requirements that exceed the amount of released time granted in this section.

6.5 Each Job Representative shall be expected to use equal amounts of released time and personal time for the proper execution of the employee's duties.

7.1 Workweek The workweek shall consist of five (5) consecutive days of eight (8) hours per day and forty (40) hours per week. This Article shall not restrict the extension of regular workday or workweek on an overtime basis when such is necessary to carry on the business of the District, except as provided for in Section 7.9, Ed. Code 88026.

7.1.1 If the governing board of the District decides to establish a flex schedule workweek, they shall establish such a workweek with the concurrence of the concerned employee(s) as ascertained through the CSEA organization. If the flex schedule is implemented any hours in excess of those scheduled for that day will be considered overtime as defined in Section 7.9.

7.2 Length of Workday The length of the workday shall be designated by the District for each classified assignment in accordance with the provisions set forth in this agreement. Each bargaining unit employee shall be assigned a fixed, regular, and ascertainable minimum number of hours, which shall not be less than four (4) hours per day nor for more than five (5) consecutive days per week.

7.3 Changes in Work Schedule Should an employee's work schedule be changed, the supervisor and/or District shall notify CSEA and the employee, in writing, five (5) working days before said change, except that ten (10) working days notice shall be required where the work schedule change is anticipated, or reasonably should be anticipated, by the supervisor sufficiently in advance to allow the additional notice. Should the District contemplate a permanent change in an employee's work schedule, the District shall notify CSEA and the employee, in writing, twenty (20) working days before the proposed change. These notice requirements may be waived with the concurrence of the employee and the CSEA. The District retains the sole right to set work schedules.

7.4 Adjustment of Assigned Time Any part time employee in the bargaining unit who is required to work consistently thirty (30) minutes or more per day in excess of the employee's regular part-time assignment for a period of twenty (20) consecutive working days or more shall have the employee's regular assignment adjusted upward to reflect the longer hours, effective with the next pay period. (Ed. Code 88036)

7.5 Lunch Period All employees covered by this agreement shall be entitled to an uninterrupted, except in unusual circumstances, lunch period of no longer than one (1) hour, nor less than one-half (1/2) hour, and it shall be taken at or about the midpoint of each work shift.

7.6 Rest Periods

7.6.1 All bargaining unit employees shall be granted rest periods which, insofar as practicable, shall be in the middle of each four (4) hour work period, at the rate of fifteen (15) minutes per four (4) hours worked, or a total of thirty (30) minutes at one (1) time scheduled to the mutual convenience of the employees and Supervisors.

Time from unused rest periods may not be used to lengthen the lunch break or shorten the workday. Also, rest periods may not be applied to any time owed the District that is to be made up. The District shall not owe any compensation to an employee who does not wish to take advantage of the rest periods.

7.6.2 Rest periods are a part of the regular workday and shall be compensated at the regular rate of pay for the employee.

7.7 Rest Facilities The District shall make available a lunch room or rest area for general staff use.

7.8 Voting Time Off If any employee's work schedule is such that it does not allow sufficient time to vote in any federal, state or local election in which the employee is entitled to vote, the District shall arrange to allow sufficient time for such voting by the employee without loss of pay.

7.9 Overtime Except as otherwise provided herein, all required overtime hours, as defined in this section, shall be compensated at a rate of pay equal to time and one-half the regular rate of pay of the employee for all work permitted. Overtime is defined to include any time in increments of not less than fifteen (15) minutes worked in excess of eight (8) hours worked in any one day or on any one shift or in excess of forty (40) hours worked in any calendar week, unless when a flex schedule plan is in operation, whether such hours are worked prior to the commencement of a regularly assigned starting time or subsequent to the assigned quitting time, except as provided in 7.1.1 above.

7.9.1 All required hours worked beyond the workweek of five (5) consecutive days of forty (40) hours shall be compensated at the overtime rate or compensatory time off shall be given at the same rate.

7.9.2 All hours worked on holidays designated by this Agreement, not regularly scheduled workdays, shall be compensated at one and one-half (1-1/2) times the regular rate of pay or compensatory time off at the same rate, in addition to normal holiday pay. Notwithstanding any other provision of this agreement, employees assigned to work on the Thanksgiving Day, Christmas Day, or New Year's Day holidays may elect monetary compensation for hours worked on the holiday instead of compensatory time.

7.9.3 All overtime hours worked and paid for by outside businesses or agencies renting facilities shall be paid in cash.

7.9.4 Scheduled overtime shall be rotated equally among employees within the department and classification to the extent possible. Reasonable accommodation shall be made for plans of the employee.

7.10 Split Shift Differential - Compensation All employees in the bargaining unit whose assigned shift contains one (1) or more periods of unpaid time whose total exceeds two (2) hours shall be paid a shift differential premium of five percent (5%) above the regular rate of pay for all hours worked.

7.11 Shift Differential - Compensation Employees whose shift extends past 12:00 midnight will receive a five percent (5%) premium for all hours worked after 12:00 midnight.

7.12 Compensatory Time Off Compensatory time is time off in lieu of cash compensation for hours worked in overtime status.

7.12.1 Compensatory time shall be equal in value to overtime compensation.

7.12.2 Compensatory time off in lieu of cash compensation shall be at the option of the District.

7.12.3 An employee in the bargaining unit may request to take compensatory time off in lieu of cash compensation for overtime work. Such request shall be made to the immediate supervisor at the time the overtime is assigned.

7.12.4 Compensatory time shall be taken at a time mutually acceptable to the employee and the District.

7.12.5 Compensatory time earned should not be accumulated beyond 160 hours, without District approval. The District retains the right to require employees to take earned compensatory time in excess of the 160 hours. Compensatory time in excess of 240 hours will be paid in cash.

7.12.6 The employee upon separation from the District, shall receive payment in cash, paid at the regular rate of pay, for any compensatory time earned, but not yet taken.

7.13 Minimum Call-in Time Any employee called in to work at a time when the employee is not scheduled to work shall receive a minimum of two (2) hours pay at the appropriate rate of pay under this agreement. In addition the employee shall receive one (1) hour pay to compensate for disruption. Compensation does not begin upon notification but upon commencement of work. Compensation for hours worked does not include travel time to the worksite.

7.14 Right of Refusal Any employee shall have the right to reject any offer or request for call-back, on-call, or call-in time, unless such request involves an emergency situation so designated by an appropriate District Officer who is a non-bargaining unit supervisor. Any employee shall also have the right to reject any offer or request for overtime unless the overtime has been scheduled in advance three (3) days or involves an emergency situation so designated by an appropriate District Officer who is a non-bargaining unit supervisor.

7.15 Summer Work All available summer work will be first offered to regular less-than-12-month employees in that classification


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