San Joaquin Delta College
HOURS AND OVERTIME6.1 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. Paid leave time shall not be included in the calculation of hours worked for the purpose of the payment of overtime at the rate of time and one-half.
6.1.1 Nothing in this section shall prohibit an individual member of the unit and the District from implementing a ten (10) hour, four (4) day week, or some other flexible schedule, under the provision of Education Code Section 88031 or its successor. If the four/ten plan is implemented the employee shall not earn overtime for hours in excess of eight in one day but should earn overtime for hours in excess of ten in one day.
6.2 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.
6.3 Lunch Period: All employees covered by this Agreement shall be given a one-half hour lunch period at an undesignated time as part of their work day. The employee will be allowed to go no more than two miles off campus.
6.4.1 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 hours worked.
Time from unused rest periods may not be used to lengthen the lunch break or shorten the work day. 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.
6.4.2 Rest periods are a part of the regular work day and shall be compensated at the regular rate of pay for the employee.
6.5 Rest Facilities: The District shall make available a lunch room or rest area for general staff use.
6.6 Voting Time Off: If an 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 voting by the employee without loss of pay.
6.7 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, unless on the four/ten plan, or on any one shift or in excess of forty (40) hours worked in any calendar week, whether such hours are worked prior to the commencement of a regularly assigned starting time or subsequent to the assigned quitting time, except as provide in 6.1.1. above.
6.7.1 Employees who work beyond five consecutive days, in excess of forty (40) hours, except in the event of scheduled shift changes, shall be compensated at the overtime rate for those additional hours worked, or compensatory time off shall be given at the same rate.
6.7.2 If an employee is required to work a scheduled holiday the employee shall be compensated for all hours worked at the rate of one and one-half times the employee's regular rate of pay, or compensatory time off at the same rate at the option of the District. This shall be in addition to, and not in lieu of, payment for the holiday as provided in Section 10.1
If a holiday falls on an employee's day off, then the employee shall receive a day off at a mutually agreeable time as close to the holiday as possible.
6.7.3 Employees shall have the right to refuse overtime assignments unless the overtime has been scheduled in advance three (3) days or in an emergency assignment. Emergency is defined as a natural disaster or unexpected or unplanned occurrence.
6.7.4 All members covered by this Agreement who work special events (basketball games, dances, etc.,) shall be compensated at the rate of one and one-half (1 1/2) times the regular rate of pay in cash, to the extent the District is reimbursed for overtime incurred by the organization sponsoring the event.
6.8 Split Shift Differential - Compensation: All employees in the Bargaining Unit whose assigned shift contains one or more periods of unpaid time which total exceeds two (2) hours shall be paid a shift differential premium of five (5) percent above the regular rate of pay for all hours worked.
6.9 Shift Differential - Compensation: Any employee in the Bargaining Unit whose assigned work shift commences between 9:00 p.m. and 2:00 a.m. shall be paid a shift differential premium of five (5) percent above the regular rate. In any week an officer works a regular schedule of two or more shifts which commence between 9:00 p.m. and 2:00 a.m. the officer will receive the shift differential premium of five (5) percent for all hours worked that week.
6.10 Compensatory Time off: Compensatory time is time off in lieu of cash compensation for hours worked in overtime status.
6.10.3 An employee in the bargaining unit may request to take compensatory time off in lieu of cash compensation or overtime work. Such request shall be made to the immediate supervisor at the time the overtime is assigned.
6.10.4 Compensatory time may be accumulated up to a maximum of 220 hours, unless the District grants the employee permission to accumulate compensatory time beyond the 220-hour limit. Compensatory time up to the 220-hour limit shall be taken at a time mutually acceptable to the employee and the District. The District shall have the right to schedule and require the employee to take any compensatory time over 220 hours, or to cash out such compensatory time at the employee's current rate of pay or average rate of pay over the previous three years, whichever rate is higher. The District will give a two-week advanced notice for the scheduling of compensatory time to be taken. The District will direct the use of these hours in increments of not less than 8 hours. When possible, the District will direct the use of these hours in conjunction with the officer's regularly scheduled days off.
6.11 Minimum Call-in Time: Any employee called in to work a shift 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.
6.12 Court Time: Each off-duty job related court appearance, whether in traffic or criminal court, will be compensated at time and a half with a minimum of two (2) hours for each appearance. Any time spent over the two hours, in increments of fifteen (15) minutes or more, will be paid at time and a half. This overtime will be paid overtime, or compensatory overtime.