185 Agreement

ARTICLE 9 - HOURS OF WORK

Section 9.1 Purpose

This Article is intended only to provide a basis for calculating straight-time, overtime and premium payments. There shall be no pyramiding of overtime or premium payments, nor shall same be paid under more than one (1) provision of this Agreement for the same hours worked.

Section 9.2 Workday and Workweek

The workweek for payroll purposes shall commence at 0001 Sunday and end at 2400 the following Saturday. The normal workweek of the full-time Police Officers shall be forty (40) hours. The normal working hours per day shall be eight (8).

Section 9.3 Overtime and Premium Payments

Time and one-half (1 ½) of the straight-time hourly rate of pay shall be paid as follows:

1. for all time worked in excess of forty (40) hours in a workweek;
2. for all time worked on a scheduled shift which occurs on a holiday pursuant to Section 14.4 below
3. for all time worked in excess of eight (8) hours in a day;

Section 9.4 Overtime/Replacement Assignment Distribution

Overtime/replacement assignments will be distributed in accordance with the following procedure:

1. Procedure-General. An overtime book will be maintained by the University Police Department which may be reviewed by any full time, non-IEP Police Officer who is certified and has successfully completed all required in-house training. The overtime book will contain a listing of all eligible full-time Police Officers and an accounting of all overtime opportunities offered and all overtime worked by each Officer. If an Officer is offered overtime and either refuses the overtime opportunity or accepts the overtime opportunity, the overtime book will be noted with the hours of overtime involved. A full-time Officer will be considered as having been offered overtime even if s/he is not contacted because he is sick, is on vacation, does not return the call for overtime opportunity within fifteen (15) minutes of the call being made by the University, or is excused. A full-time Police Officer will not be considered as having been offered overtime if s/he is working already during the time of the overtime assignment, is not qualified or if his/her working the overtime assignment would violate the 16/24 rule or the 24/40 rule. If an Officer is offered an overtime opportunity, accepts the opportunity and fails to actually work the overtime offered, s/he will be credited in the overtime book with double the overtime offered and s/he will be ineligible for overtime assignments during the next two week payroll period.
   
   The overtime book will be zeroed out at the end of every two weeks (at the end of each payroll period).
   
   Each full-time Officer will submit a completed form to the Scheduler two full weeks before the upcoming payroll period in which s/he indicates his/her availability for overtime during the following month. On such form the Officer will indicate which days and hours s/he is available for overtime. An Officer may change his/her availability for overtime by indicating in writing such change at least one week before the effective date of availability or change in availability. This form must be submitted to the Scheduler, or in his/her stead, to the Watch Commander. The change must be signed and dated by the Officer and the Scheduler or Watch Commander
   
   Each Part-time Police Officer will submit a completed availability form at least fifteen (15) days prior to each month (each four-week scheduling period) to the Scheduler or his/her designee. On this form, each part-time Police Officer will indicate the days and the hours on those days when s/he is available for assignment. The scheduler will place the availability information from each part-time Police Officer in an assignment book which the part-time Police Officers may review. The assignment book will be zeroed out at the end of each four-week period.
   


2. Planned Overtime/Replacement Assignment. If a need for overtime/replacement assignment arises more than twenty-four (24) hours before the assignment begins, the University will first seek volunteers for said assignment among part-time Police Officers by using the part-time Police Officer assignment book. If a part-time Police Officer is offered an assignment, s/he will be charged with an assignment, regardless of whether s/he takes the assignment or not. A part-time Police Officer will be considered to have been offered an assignment if s/he is contacted or if a message is left for him/her at a telephone number s/he designates which s/he does not return within fifteen (15) minutes. A part-time Police Officer will not be considered for a replacement assignment if s/he has not indicated his/her availability on the availability form referred to above.
   

   If the University is unable to find a volunteer part-time Police Officer, it will seek volunteer(s) from the full-time Police Officers by using the overtime book referred to above. Any such assignment of a full-time Officer will be recorded in the overtime book and the University will endeavor to equalize overtime among the full-time Officers. If the University is not able to find a volunteer for the overtime/replacement, it will then assign the overtime/replacement to the least senior full-time Officer, on a rotating basis among the full-time Officers currently on duty, as long as the overtime assignment would not violate the 16/24 rule or the 24/40 rule. Police Officers having twenty-five (25) or more years of service with the department will be exempt from mandatory overtime assignments under this paragraph (b).

3. Unplanned Overtime/Replacement Assignments. If a need for overtime/replacement assignment arises less than twenty-four (24) hours but more than two (2) hours before the assignment begins, the University will first seek volunteers initially from full-time Police Officers and then from part-time Police Officers. Any such assignment of a full-time Police Officer will be recorded in the overtime book as an overtime assignment. While the University will endeavor to equalize overtime among the full-time Officers for such assignments, it is understood that such assignments may not be strictly in accord with equalization principles. If the University is not able to find a volunteer for the overtime/replacement, it will then assign the overtime/replacement to the least senior full-time Officer, on a rotating basis among the full-time Officers currently on duty, as long as the overtime assignment would not violate the 16/24 rule or the 24/40 rule. Police Officers having twenty-five (25) or more years of service with the department will be exempt from mandatory overtime assignments under this paragraph (c).
   


4. Emergency Overtime/Replacement Assignments. If a need for overtime/replacement assignment arises within two (2) hours of the scheduled time, the University will seek to fill the opening in any manner it can. If the University assigns the opening to a full-time Police Officer, such assignment will be marked in the full-time Police Officers’ overtime book as an emergency assignment and will not be considered for equalization purposes. Likewise, if the University assigns the opening to a part-time Police Officer, such assignment will be marked in the part-time Police Officers’ availability assignment book as an emergency assignment.
   


5. Mutual Assignment Changes. Full-time Police Officers my mutually agree to swap watch assignments during a workweek. The Officers involved must promptly notify the Watch Commander and the Scheduler of such change. Part-time Police Officers may mutually agree to swap watch assignments with other part-time Police Officers who are scheduled during the four-week scheduling cycle. Part-time Police Officers may not swap watch assignments with full-time Police Officers or with part-time Police Officers who are not already scheduled for a watch. The part-time Police Officers who agree to swap watches must promptly notify the Watch Commander and the Scheduler of such change.
   


6. Police Officer Responsibility. Each full-time Police Officer and each part-time Police Officer is responsible for ensuring that he knows when he is scheduled to work. Each Officer must stay in contact with the University Police Department’s Scheduler or, in his/her absence, with the Watch Commander. The University will endeavor to notify all Officers of their schedules by posting such schedules in the Squad Room.

Section 9.5 Watch Schedules

Watch schedules for full-time Police Officers shall be posted on a bulletin board in an appropriate place provided by the University. The University shall establish two- (2) week work schedules for full-time Police Officers and shall post said schedules at least ten (10) calendar days in advance of the beginning of the two- (2) week period. Such schedules shall remain in effect for the two- (2) week period unless a change is necessitated by unforeseen circumstances. The University shall establish starting times for each work shift. Currently the University schedules Police Officers on a rotating basis.

Section 9.6 Payment for Court Time

A minimum of three (3) hours will be paid to Police Officers who are required to make court appearances during non-scheduled work time.