ARTICLE V Hours of Work & Overtime pay
16. A. This article is intended only to provide a basis for calculating overtime and shall not be construed as a guarantee of hours of work per day or per week. 17. B. 1. For 8 hour shift and day workers, there shall be in effect an eight hour day and a forty (40) hour week. 2. Time and one-half shall be paid for a. All time worked continuously after eight (8) continuous hours of work.
b. All time worked in excess of eight (8) hours in a day.
c. All work performed on the sixth (6th) day in the work week (provided the hours worked on such sixth (6th) day are in excess of forty (40) hours within the work week).
Where hours are compensated for at overtime rates under one provision they will not be counted as hours worked in determining overtime under the same or any other provision.
Modified 8 hour overtime rule:
If, due to an error by a company supervisor, an employee who would otherwise be entitled to work overtime is skipped, the company will observe the following rule. If the person who was skipped is eight hours or less behind the employee who was selected instead, he will be asked to work the next time overtime is required. If the person who was skipped is more than eight hours behind the employee who worked the overtime, he will be
offered extra work to receive the equivalent* wages that he would have earned by working the overtime. *The employee will be kept whole on whatever applicable pay rate the missed overtime would have generated.
3. Double time shall be paid for all time worked by the employee on their seventh (7th) consecutive working day provided he/she has worked at least four (4) hours of scheduled work, (call outs will be considered scheduled work) on each of the six (6) previous consecutive days in the same work week.
4. It is understood that the above provisions shall not be construed
a. As a guarantee of any minimum number of hours work, or b. As a limitation of the number of hours of work which the Company may require as conditions necessitate in the judgment of Management.
18. C. The normal work day shall be from 7:00 a.m. to 7:00 a.m. the next day. The normal work week shall be from 7:00 a.m. Monday to 7:00 a.m. the following Monday except in cases of irregular hour shifts scheduled to start at hours other than those set forth herein. In such instances the work week shall be deemed to commence with such starting hours, and extend to the corresponding hour, on the next succeeding Monday.
All service hourly employees working the day shift (Monday Friday) will receive 1/2 hour unpaid lunch. The Track/Tank Car Unloading employees working the day shift will be exempt from this language.
19. D. Nothing in this Agreement shall be construed to mean the payment of more than one (1) premium for the same hours worked.
20. E. In the event an employee does not work the full scheduled work week, then in that event the Company shall have no obligation to schedule such employee for work on either the sixth (6th) or seventh (7th) day of the work week, or any of the seniority standing, unless such employee may present to the Company a certificate from a physician, or unless a reasonable or acceptable excuse is presented to the Company.
F. Determination of the starting time of the daily and weekly work schedule shall be made by the Company. Such schedules will not be changed without reasonable notice given to the employee.
22. G. A shift premium of Sixty five cents (65) shall be paid to all employees working on
the second shift and a shift premium of Seventy five cents (75) shall be paid to all employees working on the third shift.
23. When employees are put on rotating shift, the day member or members of the shift will also be considered to be on shift and treated accordingly.