R2022-173 Resolution Authorizing Collective Bargaining Agreement for Pay and Benefits - AFSCME Council 31 and Local 268 General Service Employees

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ARTICLE 4 INTERRUPTION OF DUTY Section 1. While this Agreement is in effect it is understood that there shall be no strike, lock out, slow down, unauthorized absenteeism or interruption of duty or other interference with the efficient operation of the city service. ARTICLE 5 HOURS OF DUTY Section 1. The regular hours of duty each day shall be consecutive except that they may be interrupted by a lunch period and even if so interrupted,such lunch period shall be disregarded in considering whether or not such hours are consecutive. Employees shall neither be permitted nor mandated to work more than sixteen (16) con- secutive hours. Employees who work sixteen (16) consecutive hours shall be provided a mini- mum eight (8) hour off-duty rest period immediately thereafter. This provision supersedes all other provisions of the Collective Bargaining Agreement relating to hours of duty and overtime. This provision may be temporarily suspended by mutual agreement between the City and the Union for good cause. Section 2. (a) The normal duty week may consist of five (5) consecutive eight (8) hour duty days Monday through Friday inclusive, or, with the consent of the department director and the employee or employees involved, four(4)ten (10) hour duty days during the period Monday through Friday,except for employees in continuous operations, parking enforcement officers, per- sons assigned to the Information Technology(IT) Department, and persons assigned to a unit in the Police Department. Employees in continuous operations in the Water Production Division shall have a duty week consisting of five (5) consecutive eight (8) hour days followed by at least two (2)consecutive days off; such employees may elect to utilize an accumulated holiday or vacation day when a third consecutive day off is scheduled. (b) The City may establish new shifts, within the limitations provided in this Section. Em- ployees within job classifications in the affected department which have been assigned to a new shift shall be permitted to volunteer for such assignment to any new shift.Such employee requests shall be honored in order by seniority; such opportunity to volunteer for assignment to such new shift shall be offered to employees not less frequently than once per fiscal year, and more senior employees may bump less senior employees there from. The City shall assign employees to a new shift after all eligible employees have had an opportunity to volunteer for assignment thereto. When a new shift has been so established and staffed, as herein provided, the City may transfer employees of the same classification between and among all shifts within the affected department if it finds that any shift, as staffed, does not contain sufficient seniority among the employees thereof to operate in the best interests of the City; provided that, the City may not so transfer any employee from a new shift until all employees in the same classification and on the same new shift,with less seniority, have been transferred. The City cannot create new shifts solely to avoid payment of overtime. 5