Article 28 – Overtime/Compensatory Time Benefits

Thirty Five (35) Hour, Thirty Seven and One Half Hour (37.5), Forty (40) Hour Workweek Employees:

Employees who are not exempt from overtime, and whose workweek is defined as “thirty five (35)” or “thirty seven and one-half (37.5)” hours, shall receive overtime compensation for all hours worked in excess of thirty seven and one- half (37.5) during the workweek, which is, for most departments, 12:01 a.m. Saturday to 12:00 midnight Friday. Such overtime compensation may be either in cash at the rate of time and one-half the regular hourly rate, or in time off at the rate of one and one-half hours (1.5) off from work for each hour worked in excess of thirty seven and one-half (37.5), at the discretion of the employee’s department.

Employees who are not exempt from overtime, and whose workweek is defined as “forty (40) hours”, receive overtime compensation for all hours worked in excess of forty (40) during the workweek, which is, for most departments, 12:01 a.m. Saturday to 12:00 midnight Friday. Such overtime compensation may be either in cash at the rate of time and one-half the regular hourly rate, or in time off at the rate of one and one-half hours (1.5) off from work for each hour worked in excess of forty (40), at the discretion of the employee’s department.

Exempt Employees (“NL” and “N4”)

Exempt employees may have work schedules which are neither tied to a fixed number of hours per day or per week, nor tied to a fixed number of days per week and which may vary according to the nature and scope of the employee’s work. It is understood that in the course of a fiscal year the number of hours worked by an employee and the days on which such work must be performed may also vary to meet seasonal needs or specific demands of the position.

The parties to this Agreement recognize that exempt employees are professionals whose duties vary in content and schedule and sometimes require working more than the employee’s standard workweek designation. At the same time, the parties to this agreement acknowledge that there may be occasions where an employee believes that they are working an excessive workload. In such cases, the following process shall occur:

a. Theemployeeshallrequestameetingwiththeirsupervisor,whichshallbe scheduled within five (5) work days of the request, to discuss the nature of the employee’s work and the time required for the employee’s duties. The employee shall present to the supervisor their rationale as to why the workload is considered excessive, along with any documentation the employee may wish to present, such as time records.

b. In cases where the supervisor concurs that the employee is working an excessive workload, the supervisor will address such a situation through one or more of the following actions:

i. Eliminating, reducing or modifying the duties the employee is performing;

ii. Providing logistical assistance or adding additional personnel on either a temporary or permanent basis;

iii. Providing compensatory time off to the employee which is to be scheduled on a mutually acceptable basis;

c. The supervisor will provide their determination in writing, with a copy to the union, to the employee within five (5) work days of the meeting referenced in subsection “a.” above.

d. If the employee is dissatisfied with the determination of their supervisor, the employee may elect to meet with the next higher level of supervision or their designee to discuss the situation and to seek further relief. The meeting between the employee and the next higher level of supervision or their designee shall occur within ten (10) workdays. Should the matter not be resolved at this level, at the request of the union there shall be a meeting between two (2) URA-AFT representatives and two (2) UHR representatives in an attempt to come to a mutually acceptable resolution. The employee may attend at the discretion of the union. Other administration representatives may attend at the discretion of UHR. Any agreements reached at this meeting shall be reduced to writing. The URA-AFT reserves the right to grieve only where UHR refuses to meet and discuss the employee’s complaint and/or where the parties disagree as to whether thereis excessive workload or how to address it. The decision of the Office of University Labor Relations as to whether there is an excessive workload or about how to address it shall not be subject to binding arbitration.

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