Wow, I really appreciate all the responses. I've contacted my union representative, who has met with management, but they didn't come to an agreement as to if this article in the contract applies to employees with four hour shifts. It's most likely going to greivance. My intention wasn't to make things worse for anyone in the department; only to be compensated fairly according to the contract. In all honesty, the four hour shifts in this department will most likley always be around. The department (dietary) is made up of mostly college students who work only in the evening. The management has always had a problem with keeping the department adequately staffed during thie evening, so I hear. Below I've provided the article regarding Hours of Work and Overtime from my union contract for those of you who want to see it in its original form. I got the information I posted originally from section (I), part 2. The parts listed as "Mercy" apply to me. Sorry for leaving this information out. Thanks again everyone. ### ARTICLE 10 HOURS OF WORK AND OVERTIME (A)(1) WORKWEEK AND OVERTIME (Abbott, PEI, United only) -The regular pay period shall be eighty (80) hours. Eight (8) hours shall constitute a day's work to be completed within nine (9) consecutive hours. If an employee works in excess of eight (8) hours per day, or in excess of eighty (80) hours in a two-week pay period, overtime at the rate of one and one-half (1-1/2) times the employees regular straight-time hourly rate shall be paid for such hours. PTO hours and frozen sick leave hours shall be considered as hours of work for overtime purposes. An employee who works in excess of twelve (12) consecutive hours shall receive double time the employee's regular straight-time hourly rate for such excess hours. If an employee is scheduled to work more than seven (7) consecutive days, such scheduled days will be paid at time and one-half (1-1/2). After the schedule is posted, an employee may request to work more than seven (7) consecutive days. Said employee shall be paid at regular straight time pay unless the extra shift is in addition to eight (8) hours worked in a day or eighty (80) hours worked in a two-week pay period. The Employer and employee may mutually agree to a schedule of more than seven (7) days without overtime when it meets the mutual interests of both parties. If an employee volunteers to work on his/her scheduled day off, the employee will be paid at his/her regular rate of pay unless the extra shift is over eighty (80) hours in a twoweek pay period. If an employee is mandated to work on his or her day off, the employee will be paid at time and one-half (1-1/2). (A)(2) HOURS OF OVERTIME AND DAYS OFF – (Mercy only) Eight (8) hours shall constitute a day’s work to be completed within nine (9) consecutive hours. No employee shall work more than seven (7) consecutive days in a two-week period. If an employee is required to work in excess of eight (8) hours per day, or in excess of eighty (80) hours in a consecutive two-week period, or on any day scheduled as a day off for such employee, overtime at the rate of one and one-half (1 ½) times the employee’s regular straight-time hourly rate shall be paid for such overtime hours. The preceding sentence notwithstanding, an employee required to work in excess of eight (8) consecutive hours will be paid at the rate of one and one half (1 ½) times the regular rate of pay for the first four (4) hours of such overtime and will be paid double time (2x) for all overtime in excess of twelve (12) consecutive hours. PTO and frozen sick leave shall be considered as hours of work for overtime purposes. Employees may, with the approval of the Hospital and the employees, change their days off with other employees in the same classification. In any case where any employee is now working less than seven (7) consecutive days, no such employee shall be required to work more consecutive days than are now being worked by such employee, except upon payment of overtime at the rate of one and onehalf (1 ½) times the straight time hourly rate of such employee for work performed on the sixth (6th) and/or seventh (7th) consecutive workday as the case may be, where such sixth and/or seventh consecutive workday is in excess of the number of consecutive workdays now worked by such employee. This provision shall not apply to any employee heretofore working a schedule including nonconsecutive days off who shall elect, under the terms as hereinafter provided, to work a schedule providing for consecutive days off. (B) SCHEDULING PATTERN - The general pattern of scheduling shall be such that all employees shall have at least two (2) Sundays off per calendar month, together with a day consecutive therewith, and two (2) consecutive days off during the alternate week. All employees shall have an absolute, unqualified right to elect to work pursuant to the general pattern of scheduling. Notwithstanding said right, an employee may, by mutual agreement with the Hospital, elect to work a scheduling pattern providing for nonconsecutive days off in the alternate week. Where employees elect to work pursuant to the general pattern of scheduling, the Hospital may schedule the Sundays off for such employee on the basis of either a Saturday-Sunday or a Sunday-Monday combination. Where employees elect to work pursuant to a scheduling pattern providing for nonconsecutive days off in the alternate week, such employees shall have two (2) weekends (Saturday and Sunday) off per calendar month. The scheduled workweek need not correspond to the calendar week, and the pattern of scheduling may be such that more or fewer than five (5) days of work are scheduled in one (1) week, provided that not more than ten (10) days of work are scheduled in any two (2) consecutive workweeks. The scheduling provisions contained herein shall not apply to part-time employees regularly scheduled to work forty-eight (48) hours or less in a two-week pay period. © POSTING OF SCHEDULES – The hospital shall post work schedules at least fourteen (14) calendar days in advance of the workweek. (D) SCHEDULING GUARANTEE - Where any department as a whole is now working less than seven (7) consecutive days, the work schedule of such department shall not be changed except by mutual agreement between the Hospital and the Union, except that this sentence shall not apply to employees required for surgical emergencies. (E) WORKWEEK SCHEDULES TO CONFORM NOTICES - Workweek schedules in conformity with this Agreement shall be furnished to the Union within fifteen (15) days of the execution of this Agreement. Any proposed workweek schedules shall likewise be in conformity with this Agreement and shall be furnished to the Union at least fifteen (15) days before the effective date of such proposed change. If within such fifteen (15) day period the Union shall file written objections to such proposed change with the Hospital, the effective date of such change shall be postponed pending the submission of the objections to a Board of Arbitration consisting of one (1) member selected by the Employer, one (1) member selected by the Union, and a third member selected by the Director of the Federal Mediation and Conciliation Service. Such third member shall serve as impartial chairman. The decision or award by said arbitrators, or a majority of them, shall be final and binding upon the parties. Provided, however, that the decision of the Arbitration Board to be final and binding must be served in writing upon the parties within thirty (30) days of the originally proposed effective date of the schedule change; otherwise, said decision shall be a nullity and of no legal effect, and the Hospital shall have the right to effectuate said proposed workweek schedule. The expense of the Board of Arbitration shall be borne by the parties equally. (F) NO SPLIT SHIFTS - There shall be no split shifts; provided, however, the Union agrees it will make exceptions in this respect on the basis of individual hospital negotiations. Employees who agree to work with less than 12 hours between shifts due to hospital need, including open shifts and available extra hours, shall be paid premium double back pay at the rate of time and one half for the hours worked between the time of return and the end of the 12 hour period. This provision shall not apply due to employees trading hours or an employee initiated schedule change. (G) OVERTIME SCHEDULING - Employees shall not be required to take time off in lieu of overtime pay. To meet the above-scheduled hours, Sunday hours may be reduced. Work hours on Saturdays and Sundays shall not be increased by reason of anything contained in this Agreement. (H) SENIORITY PREFERENCE - In the establishment of workweek schedules, the Hospital shall give preference to employees in accordance with seniority as far as practicable and consistent with proper hospital management. Employees who have 20 calendar years of employment in the bargaining unit may have the opportunity for straight day shift and/or no weekend shifts when that becomes possible. The employee will submit a written request to his/her manager. When the opportunity to create such shifts occurs, the employee and the manager will confer to determine the feasibility and impact of the change on patient care, the work of the department, the effect on other employees, and whether to proceed with creating the opportunity. If more than one 20 year employee on the same unit submits a written request the opportunity will be offered according to seniority. (I) FLEXIBLE SCHEDULING - The Hospital and an individual employee may agree upon a pattern of work schedules providing for work in excess of eight (8) hours per day. Work schedules established pursuant to the provisions of this Section shall be subject to the following conditions: 1. An employee shall have an opportunity to review the alternate work schedule or schedules being considered prior to volunteering for flexible work schedules. The employee may limit agreement to specific types of flexible schedules. The Hospital shall retain written documentation that an employee has agreed to a flexible work schedule and of the type of flexible schedule to which the employee has agreed. An employee electing to work schedules under this Section may revoke such election by giving the Hospital written notice of six (6) weeks or a period of time equal to the length of time normally covered by the Hospital's posted schedule of work hours, whichever is less. 2. The basic work period shall be forty (40) hours per week. An employee shall be paid time and one-half (1-1/2) for work in excess of forty (40) hours per week rather than the overtime provisions set forth in this Section. Further, even though the total hours worked during a week may not exceed forty (40) an employee working in excess of the employee's scheduled workday shall be paid at the rate of time and one-half (1-1/2) for all excess time so worked, except that hours in excess of twelve (12) consecutive hours in a workday be paid at the rate of double time. 3. Evening shift differential shall be paid for all hours of the shift where 50% or more of the hours are worked after 3:00 p.m. and before 11:00 p.m. Night shift differential shall be paid for all hours of the shift where 50% or more of the hours are worked after 11:00 p.m. and before 7:00 a.m. (J)(1) EXTRA HOURS (Abbott, PEI, United only) - The Hospital shall post a sign-up sheet prior to the posting of the work schedule whereby employees may indicate availability for specific extra shifts within their classification. Extra shifts shall be granted on a seniority basis first to employees on a non-overtime basis and then to employees on an overtime basis. Extra shifts shall be granted as provided in this Section before using temporary employees of outside employment agencies. Individual hospitals shall meet with the Union to develop a policy that provides for the consistent application of this section. (J)(2) EXTRA HOURS (Mercy only) Schedules shall be posted with known holes up to six (6) weeks in advance to the start of the schedule. At the same time, an availability list will be posted for five (5) calendar days. On the sixth (6) day, the availability list will come down, the holes will be filled as outlined below and a new schedule will be posted. In order to be eligible for extra shifts and in order to exercise seniority rights, employees must sign the availability list. Availability lists will be posted in each department. Nursing availability lists will be posted in the staffing office, with the exception of Closed Units such as SARS, PACU, Ambulatory Care, etc., which will post their own lists in their units. Extra hours will be filled on the following basis from the availability list: 1. Non-overtime, most senior employee in a classification, 2. Overtime, most senior employee in a classification, 3. Non-overtime, most senior qualified employee outside a classification, 4. Overtime, most senior qualified employee outside a classification. After filling extra hours from the employees signed – up on the availability list, the Hospital will: 5. Award extra hours to whomever else will work within that job classification, including those not scheduled to work that day or those who are scheduled to work later on a later shift. (Seniority might not be a determining factor in the number five (5.) because employees had the right to exercise their seniority rights by signing the availability lists as outlined in numbers 1-4 above.) There will be no more daily availability lists because same day holes as a result of sick calls, etc., will be filled via the availability list and process as referenced above. Same day calls to staffing personnel shall fall into number five (5) above and seniority might not be a determining factor in awarding extra hours because seniority rights can only be exercised by signing the availability list. (K) GIVE AWAY SHIFTS - Employees may give away shifts without using PTO time as follows: • An employee may give away four (4) shifts per year • An employee must have a work agreement of .5 FTE or greater • The give away shift shall not create overtime for the employee accepting to work the shift • An employee accepting the shift must be qualified within the classification • (Abbott, PEI, United only) An employee shall not give shifts to casual employees. (L) INCREASES AND DECREASES IN WORK AGREEMENT - If a regularly scheduled employee works above his/her work agreement for a minimum of six (6) consecutive months, the employee may request a change in his/her work agreement. (The hours worked above do not include unscheduled absences, PTO, leaves of absence, give away shifts, and hours from posted but unfilled positions). These hours will be posted and awarded by seniority. If the employee works below his/her work agreement for a six (6) month consecutive period of time, management may reduce the work agreement after evaluation and consultation with the employee. Low need days do not apply. (M) DOCTORS’ APPOINTMENTS - With management approval, the employee will be able to adjust his/her schedule to accommodate a doctors' appointment. ###