CSEA - Overtime

[LHardy]

ARTICLE XVI
Section 16.1:
This article is intended only as a basis for calculating overtime payments, and nothing in this article shall be construed as a guarantee of overtime hours per day or week.

Section16.2:
Overtime work shall be distributed equally to employees working within the same job classification within a department or unit subdivision. The distribution of overtime shall be equalized over each calander quarter.

Section 16.3:
For purposes of equal distribution of overtime, any employee who refuses overtime shall be credited with that overtime as if the overtime had been worked.

I'll just let that sink in for a minute!

[WNYresident]

Section 16.3:
For purposes of equal distribution of overtime, any employee who refuses overtime shall be credited with that overtime as if the overtime had been worked.

Does this mean their paycheck is calculated at the over time rate even though they refused to work over time?

[LHardy]

I would have to say yes if this was my contract. What a deal!

[WNYresident]

That can't be so. ANY common sensed person would never sign something like that.

[amtichnik]

Originally posted by LHardy
ARTICLE XVI
Section 16.3:
For purposes of equal distribution of overtime,

I'll just let that sink in for a minute!

Read the first clause. If you refuse overtime, you can't complain that you were unequally treated.

You scared me for a second.

[LHardy]

Re-read that amtichnik:
For purposes of equal distribution of overtime, any employee who refuses overtime shall be credited with that overtime as if the overtime had been worked
Don't work it but get credit as if you did. That is exactly what that states.
If it means nothing, get rid of it!
I don't see Smiley disputing this?

Anyone from the union care to disput this clause?
Citymouse your a union guy what do you think? Do you have a clause like this?

[amtichnik]

They don''t get paid for the overtime they refuse.

The contract requires overtime be distributed equally.

Example.

There are two employees - A & B.
There are 12 hours of overtime available in 2 hour increments.

Manager alternates between offering overtime to Employees A and Employee B. Employee A is offered OT first.

Employee A is offered 2 hours and refuses on 2 occasions. Employee B takes the overtime Employee A on each occasion.

With the offer of overtime alternating between A & B, the last 2 hrs in the period in question is offered to B and B accepts. Employee A awoken from his slumber overhears the offer to Employee B and objects that B already has 10 hours and he has none. B works the OT.

Employee A files a grievance stating the contract requires equal distribution and he has been grieviously permanently and irrepairablly harmed including physically, emotionally and psychologically including loss of consortium to his multiple lovers seeks 6 hours of overtime compensation for the period .

The County replies "For purposes of equal distribution of overtime, any employee who refuses overtime shall be credited with that overtime as if the overtime had been worked."

Employee A and his multiple lovers go uncompensated. Nevertheless, in the interest of public service, Employee A agrees to continue in his postion as a servant of the people of the County of Erie.

[LHardy]

Show me proof he doesn't get paid.

Why get credit if your not going to get paid. It is then a usless clause.
You are saying that it is there to provide nothing but good feelings? BS.

The way it is written they can get paid or credit wouldn't be due.

[NCnewbie]

Show me proof he does.

Let me break this down for you even a little simpler than amti, although I thought he/she did a good job.

Favorite son & not-so favorite son are working in the same job title in the same dept. If the manager offers favorite son all of the overtime, not-so-favorite son can file a grievance.

However, if not-so-favorite son was offered the overtime but refused, he has been credited the overtime for the SOLE purpose of calculating equal distribution of overtime, i.e. resolving the grievance.

Believe it or not, this is a GOOD clause meant to protect a manager from favoring a particular worker. Of course, a union member would have to file a grievance to get it investigated.

[amtichnik]

Good for management. Good for Labor.

LHARDY's misunderstanding is based on not recongizing that the second clause of the sentence is qualified by the first clause of the sentence "For purposes of equal distribution of overtime,".

[LHardy]

Damn delete option.

[amtichnik]

huh? What does that mean?

[citymouse]

Originally posted by LHardy
Re-read that amtichnik:
For purposes of equal distribution of overtime, any employee who refuses overtime shall be credited with that overtime as if the overtime had been worked
Don't work it but get credit as if you did. That is exactly what that states.
If it means nothing, get rid of it!
I don't see Smiley disputing this?

Anyone from the union care to disput this clause?
Citymouse your a union guy what do you think? Do you have a clause like this?

In essence what that means is overtime is on a wheel.
A list of workers is used to call workers for overtime.
If you work it is marked and they move on to the next name for the next available overtime. If you refuse you are marked refused, or "credited" charged your turn on the wheel and they move to the next guy. You are not paid, simply credited your turn as if you had worked.
It just means you were given the opportunity for overtime work and pay and are credited a turn. No compensation, no pay, just a red mark that you could have worked , didn't, and won't be given the opportunity untill your name comes up in rotation again.
A common practice in most union shops.

The part about equal distribution of overtime is common too.
It just means that in the intrest of fairness something such as the above mentioned wheel exists so what overtime becomes available is shared equally.
In some non-union shops selected employees get picked for overtime situations and every body else can go rub salt. these clauses help control favoritism, especially important when politics is involved.
A good example would be Giambra's friends and family plan. with out that contract do you think everyone would have an equal chance for overtime?

Some industries are different. On the railroad there is no wheel, the senior employee is always asked first each and every day. the younger guys never get to work OT.
I prefer the equal distrabution rule.