Section 1.
In all payroll computations, the payroll week shall be a seven (7) day period beginning on Saturday midnight and ending on
the following Saturday at midnight. However, a scheduled work week may overlap payroll weeks. The payroll week will be calculated
separately from the scheduled work week.
Section 2. Hours of Work. The Employer will post weekly schedules by 3:00 p.m. on the Friday prior to the scheduled work
week.
Employees, full-time and part-time, will bid work groups
for scheduling purposes. These work groups will be bid no less than two (2) times per year. Once the employees report to work,
they will be assigned to jobs as deemed necessary by management. Employees’ job assignments and work groups may be changed
as deemed necessary.
Full-time employees will be offered their weekly work schedules
by seniority within shift and their work group.
The Employer will notify employees of their weekly work schedule(s)
and the employees will remain on such schedule(s) until the Employer notifies the employee of a revision. Seniority will be
used to determine the earliest start time on a scheduled day, per shift.
Full-time employees will regularly be scheduled and must
be available for forty (40) hours per week (thirty-two (32) hours during a holiday week) excluding holiday hours and one (1)
full day off per week. (The foregoing is not to be construed as a forty (40) hour guarantee.)
The Employer agrees to offer at least eighty percent (80%)
of the most senior full-time employees in each building and job assignment a minimum of forty (40) hours per scheduled work
week. In cases where the application of this percentage results in a fraction, such fraction will not apply. The guarantee
of this provision excludes holiday weeks and will not apply during a layoff situation.
All full-time and part-time employees must be available for weekend work. The parties agree to support a rotation concept
for weekend scheduling of employees within their D.C. building, and shift as business conditions permit.
There shall be no mandatory split shifts.
The posted straight time hours of full-time employees will
be maximized up to forty (40) hours per week (thirty-two (32) hours during a holiday week) by seniority with one (1) day off
per week.
Part-time employees must be scheduled and must be available
to work a minimum of twelve (12) hours per week excluding holiday hours.
Non-restricted part-time employees will be scheduled
on a weekly basis, within their classification and work group, such that senior employees’ weekly scheduled hours shall exceed or equal the weekly scheduled hours of junior
part-time employees. An employee’s scheduling limitations may
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affect the Company’s ability to give that employee
equal or more hours than less senior employees. In the event the work schedule(s) is not believed to be in conformance with
an employee’s seniority and other provisions of this Article, the employee shall have until Saturday, 3:00 p.m., to
bring the matter to his manager’s attention so that adjustments can be made, if needed. In the event the employee fails
to bring the matter to management’s attention by Saturday, 3:00 p.m., the schedule will be deemed acceptable and not
subject to the grievance procedure.
In the event the Employer schedules full-time employees
or part-time employees ten (10) hour days, these schedules will be offered to full-time volunteers in line of seniority by status, shift, classification and job assignment grouping.
Part-time employees will be assigned schedules by management within their respective work groups.
Section 3. The Employer reserves the right to create new or expand and/or reduce the structure of departments and work
groups for scheduling purposes as business conditions
warrant.
Section 4. If additional hours which are not on the posted schedules become necessary, these additional hours will be offered
in line of seniority by D.C. building and shift, and work group, first to available full-time employees who are scheduled less than forty (40) hours
then to available part-time employees up to forty (40) hours per week subject to the Employer’s ability to contact those
employees. To be eligible for such additional hours part-time employees must indicate, in writing, their availability for
additional hours on a daily basis and submit their written availability for additional hours to the immediate supervisor by
3:00 p.m. on Saturday. It is understood that such additional hours must consist of at least the minimum call-in guarantee
to be offered to off-duty employees. If additional work is less than the call-in guarantee, it will be offered by D.C. building,
and shift, and work group in
line of seniority and required in inverse order of seniority to employees at work. It is understood that employees must be
qualified to do the work to be offered any such additional hours.
Section 5. The Employer retains the right to assign and adjust the hours and schedules to be worked by employees, and to achieve
a reduction in hours worked by adjusting the schedule of active full and part-time employees, layoff of active employees,
or any combination of the two according to the terms of this Agreement.
In order to be mandatory, the Employer must notify the employee
of any schedule change if it occurs after 3:00 p.m. Saturday. In the event employees are sent home early within a department,
this will first be offered to volunteers in line of seniority and required in inverse order of seniority by classification
and job assignment within the work group affected.
Section 6. Rest Periods.
(a) Employees working six (6) hours or more in any one
day shall receive two (2) uninterrupted fifteen (15) minute paid rest periods during that day; one rest period shall be scheduled
in the first part of the work day and one rest period shall be scheduled in the second part of the work day. Management will
endeavor to schedule breaks such that employees will not normally work more than three (3) hours without receiving a break.
(b) Employees will be permitted to use the time clock at
their designated breakroom for all rest periods.
(c) Employees working at least three (3) hours but less than
six (6) hours shall receive one (1) uninterrupted fifteen (15) minute paid rest period during such working period.
(d) An employee in the Distribution Center shall receive
an additional fifteen (15) minute paid rest period on any day that the employee works more than nine (9) hours. This additional
fifteen (15) minute paid rest period will be scheduled by management but will not necessarily be scheduled at the exact completion
of nine (9) hours of work. An additional fifteen (15) minute paid rest period will be scheduled by management for each additional
two (2) hours worked after nine (9) hours. This additional rest period will not necessarily be scheduled at the exact completion
of each additional two (2) hours worked. Additional rest periods
will begin after eleven (11) hours for those employees working ten (10) hour days.
Section 7. Lunch Break. For each employee who is scheduled for more than a six (6) hour shift, thirty (30) minutes on the
employee’s own time shall be allowed for lunch on each working day. This lunch period shall not be scheduled until an
employee has worked two and one-half (2 ½) hours. The lunch period may be extended or waived by mutual agreement.
Section 8. Employees who are scheduled and report to work shall be guaranteed a minimum of three (3) hours work or pay in lieu
thereof. This clause shall not apply when the Employer schedules employees for meetings, but employees will be paid for the
time spent in meetings. The Employer may assign any work available.
Section 9. Overtime. When overtime work is required by the Company immediately following the end of a work shift, the overtime work will
be offered in line of seniority and assigned by inverse seniority within each building, classification, and work group. Volunteers
from other work groups may be used, at the discretion of management, prior to the assignment by inverse seniority.
The offer and assignment of overtime by management may include
only those employees who are immediately involved in performing the work requiring the overtime or may include all employees
whose work shift is ending at the time the overtime is needed. For overtime to be mandatory, it must be posted by the last
break of the eight (8) hour shift.
Section 10. All employees are to receive one and one-half (1 ½) times the regular hourly rate for all hours actually worked over
forty (40) hours in any one week or over eight (8) consecutive hours in any one shift but not both. Unpaid lunch breaks shall
not be considered to break the consecutive hours and a break between shifts of less than five (5) hours shall not constitute
a break in consecutive hours.
Employees who are scheduled to work ten (10) hour day(s)
as part of their basic work week will receive the daily overtime rate for hours worked over ten (10) hors daily and forty
(40) hours weekly.
Under no circumstances may an employee through any
privileges set forth in this entire Agreement force the existence of any time and one-half hours.
In any week in
which a paid holiday falls, any full-time employee who is mandatorily assigned to work a fifth day in addition to the holiday
(or fourth day in the case of a ten (10) hour employee) will be paid time and one-half (1-1/2) his regular hourly rate for
hours worked on this day unless the employee volunteers for such work.
There will be no pyramiding of overtime.
Section 11. Premium Hours. The Employer will survey full-time and part-time employees on a quarterly basis for purposes
of indicating their desire for holiday work. Such work, when needed, will be scheduled in line of seniority by shift and
work group within each building first to employees that
indicated, in writing, a desire to work on holidays.
It is understood that if a sufficient number of employees
are not available on the basis of the survey, the Employer may require employees to work, in inverse order of seniority by
building, and shift, and work group.
(a) Holidays – For work performed on a holiday
as defined in this Agreement, permanent employees will receive one and one-half (1-1/2) times their basic hourly rate for
hours actually worked on the holiday.
Section 12. These provisions shall not apply in circumstances beyond the control of the Employer, such as fire, flood, civil disturbance,
power and equipment failure, or acts of God. If an employee is notified not to report before he leaves home, the Employer
shall not be required to pay call-in pay. Same applies if the Employer attempts to notify an employee by last phone number
or address on Employer records and it is incorrect due to change not recorded by employee
Section 13.
Employees shall perform any work which a manager may direct with the understanding that when an employee is assigned a job
with a lesser rate, he will be entitled to his regular rate of pay unless he has been assigned to a lower rated job and desires
to retain such job rather than accept layoff. If an employee is assigned to a higher rated job for a period of fifteen (15)
minutes or more, he will receive the next higher rate from his existing rate in that higher classification for the time worked
in that higher classification that day.