ARTICLE 18 - OVERTIME

18.02 - Overtime Compensation

18.03 - Premium Overtime Rate

18.04 - No Layoff to Compensate for Overtime

18.05 - Overtime Meal Expenses

18.06 - Sharing of Overtime

18.07 - Right to Refuse Overtime

18.08 - Working Meal Break

18.09 - Overtime Records

18.11 - Overtime which Abuts a Shift

18.12 - Break After Overtime

18.13 - Elapsed Time

18.14 - Opt. to Take Accrued Time as Cash or Time Off

18.15 - Compensatory Time Off (Seven Day Operations)

18.16 - Compensatory Time Off (Monday to Friday Operations)

18.01 - Overtime Authorization

(a) The Employer shall submit to the Union a list of positions designated to authorize overtime for themselves and others. However, the Employer reserves the right to disallow overtime claimed by a supervisor for him/herself, for cause, after an inquiry, and if no acceptable explanation for the overtime is supplied within 14 days.

 

(b) All overtime must be shown on the daily time sheet submitted for the day in which the overtime was worked.

 

(c) When a daily time sheet is altered by the Employer in such a way as to affect the pay of an employee, a copy of the corrected time sheet shall be returned to the supervisor who signed the original time sheet. The supervisor shall notify the affected employee.

 

18.02 - Overtime Compensation

(a) All overtime worked shall be calculated in half-hour increments.

 

(b) All hours worked in excess of the standard daily hours shall be paid at the overtime rate.

 

(c) Overtime shall be paid at the following rates:

1. double time for all overtime;

2. double time for all hours worked on a day of rest. The compensation for overtime in (1) is to be on a daily basis and not cumulative.

 

18.03 - Premium Overtime Rate

(a) Where the time required to complete the regularly scheduled number of trips, the completion of a maximum of one additional round trip, or two additional hours, whichever is greater, or emergency runs, exceeds ten hours' elapsed time, the ship and shore employees involved shall be paid at the applicable overtime rate and shall receive in addition, two hours’ accumulated time for each such day worked. For the purpose of this clause, "ten hours’ elapsed time" shall mean "ten hours worked from the starting time".

 

(b) Employees covered above shall be entitled to the following in addition to (a): Where an employee has worked two and one-half hours or more in excess of the standard daily hours, and pursuant to the Union's agreement to complete certain ten-hour shifts, the employee shall be entitled to a meal or shall be reimbursed in the amount of $9.00 in lieu thereof, and a meal break of one-half hour with pay shall be given.

 

18.04 - No Layoff to Compensate for Overtime

Employees shall not be required to lay off during regular hours to equalize any overtime worked.

 

18.05 - Overtime Meal Expenses

(a) When an employee is required to work a minimum of two and one-half hours overtime immediately before or after completion of his/her scheduled daily hours, s/he shall be provided with a hot meal if available, or shall be reimbursed in the amount of $11.75. A meal break of one-half hour with pay shall be given.

 

(b) If the employee continues to work overtime beyond three hours, a further meal or expense and meal break as above shall be provided upon completion of an additional four hours worked, and upon the completion of every three hours worked thereafter.

 

(c) When an employee is called out for overtime prior to his/her scheduled shift and it was not possible to give sufficient notice (one-half hour) to permit preparation of a meal normally taken to work, the Employer shall provide the meal or pay the overtime meal expense.

 

(d) In the case of an employee called out on overtime to work on a day of rest, this clause shall apply only to hours worked outside his/her regular shift times for a normal working day.

 

18.06 - Sharing of Overtime

Overtime work shall be allocated on an equitable basis, as practicable, within a classification and work unit.

 

18.07 - Right to Refuse Overtime

(a) All employees have the right to refuse to work overtime without being subject to disciplinary action for so refusing, except in the following cases:

1. emergency situations;

2. the completion of the regularly scheduled number of trips (on Routes 1 and 2 this means two round-trips);

3. the completion of a maximum of one additional round-trip, or two additional hours, whichever is greater;

4. fire and lifeboat drills which abut the shift;

5. examination of candidates for lifeboat certificates.

 

(b) Where employees are called on to work overtime under the terms of this clause, they shall be provided as much advance notice as possible. The Employer agrees that, upon request from an employee, that employee may be exempted from the requirement to work overtime on a specific occasion; such request shall not be unreasonably denied and the Employer will give every consideration to an employee’s personal circumstances in the context of the nature of the overtime requirement.

 

18.08 - Working Meal Break

Employees required to work their meal break shall be paid at overtime rates for the meal break, and shall be given their meal break with regular pay at another time in the work day.

 

18.09 - Overtime Records

Overtime records shall be made available to designated shop stewards upon reasonable notice.

 

18.10 - Call-back Provisions which do not Abut a Regular Shift

A regular employee who is called back to work outside his/her regular working hours shall be compensated for a minimum of three hours at overtime rates. S/he shall be compensated from the time s/he leaves his/her home to report for duty until the time s/he arrives back upon proceeding directly to and from work. An employee shall also be entitled to eight clear hours between the end of the call-back and the start of his/her regular shift, with no shortfall out of his/her regular shift. The eight-hour break commences when the employee arrives at his/her residence upon proceeding directly home after the call-back.

 

18.11 - Overtime which Abuts a Shift

(a) If the overtime is for three hours or less, the employee shall be required to work the overtime period and the whole of the abutting shift. In this case, compensation shall be overtime rates for the overtime period and straight time for the regular shift.

 

(b) If the overtime is longer than three hours, the employee shall be required to work the overtime period and a portion of the abutting regular shift. The portion of the regular

 

18.12 - Break After Overtime

When overtime is worked, there shall be an elapsed time of eight hours between the end of overtime and the time the employee reports for duty on the next regular shift, with no shortfall out of his/her regular shift. If eight clear hours are not provided, overtime rates shall apply to hours worked on the regular shift. The eight-hour break commences when the employee arrives at his/her residence upon proceeding directly home after the overtime.

 

18.13 - Elapsed Time

If the elapsed eight-hour period results in only two hours or less of their regular shift available for work, employees shall not be required to report for work on that shift, and suffer no shortfall.

 

18.14 - Option to Take Accrued Time as Cash or Time Off

(a) An employee working a seven day operation may elect in writing to take his/her overtime:

1. in cash;

2. in compensatory time off;

3. or have it placed in his/her Employee Time Bank.

 

(b) An employee shall select his/her option as per (a) above by November 30 for the following year and shall advise the designated Employer representative in writing of his/her decision. The selection shall continue until altered.

 

(c) An employee shall have the option, upon request in writing at any time, to cash in any specified amount of compensatory time off, subject to a minimum of four days. Where an employee has had compensatory time off scheduled pursuant to clause 18.15 of this Agreement, such time shall not be available to be cashed in. This payment shall be made to the employee within 30 working days.

 

18.15 - Compensatory Time Off (Seven Day Operations)**

(a) Compensatory time off is earned, used, or paid for in blocks of six months, beginning  January 1, in any year.

 

(b) An employee may earn compensatory time off in the first six-month block and use the time in the first or second six month block.

 

(c) If s/he does not use the time in the second six month block, the Employer may schedule the use of the time in the third six month block, and if the Employer cannot schedule the use of the time in the third six month block, it shall pay for the time in cash at the end of that third block.

 

(d) This process repeats itself every six months.

 

(e) Where an employee requests permission to accumulate compensatory time off in excess of 60 days for the purpose of studying for a certificate of competency, s/he may do so, provided that a course is scheduled for the period in which s/he wishes to take the compensatory time off.

 

(f) Where special circumstances exist, and by mutual agreement with the Employer, an employee may accumulate time for reasons other than those specified above.

 

(g) The minimum period of time off (CTO and PTO) shall be the set scheduled shifts of a.m.'s, p.m.'s or graveyards.

 

(h) If qualified Staffing Pool employees are available, lesser periods shall be scheduled at the request of the employee. If qualified casual employees are available, lesser periods may be scheduled.

 

(i) Any employee having an accumulation of compensatory time off prior to January 17, 1978, may retain such to be scheduled at his/her option and any further days accrued may be scheduled by the Employer.

 

(j) The Employer shall make every attempt to provide relief when compensatory time off is requested. However, the Employer shall not be obliged to call in employees on layoff to provide relief on Routes 1 and 2.

 

(k) The employee shall request CTO at least five (5) days in advance of the requested time off. At least two (2) days in advance of the requested time off, the Employer shall notify the employee in writing of the decision to grant or deny the request.

 

18.16 - Compensatory Time Off (Monday to Friday Operations)

(a) Employees working on a Monday to Friday operation may elect to be compensated for overtime in either cash or compensatory time off at their option. Compensatory time off must be taken within 18 months of being earned and at a time mutually agreed to between the Employer and the employee. If compensatory time off has not been taken at the end of 18 months, it shall be paid out in cash.

 

(b) An employee may, provided sufficient notice is given in writing to the Employer, cash in any specified amount of compensatory time off, subject to a minimum of four days. This payment shall be made to the employee within 30 working days.