Mandatory Overtime Clause Examples
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Mandatory Overtime a. Mandatory Overtime is overtime that an employee is assigned and required to work involuntarily, and will only be required in operational emergencies when sufficient voluntary overtime cannot be secured to maintain the Company’s operation. Mandatory overtime will be limited to the number of employees and hours required to cover the emergency as determined by local management.
b. Mandatory overtime will not exceed 4 hours past an employee’s scheduled shift in any 24 hour period. Employees will not be required to work mandatory overtime until the opportunity to work the additional hours has been offered to all qualified employees who are currently at work, and if there are an insufficient number of volunteers, then to otherwise eligible employees whose names remain on the overtime call sign up list.
c. Mandatory overtime will be assigned in reverse bid seniority order according to shift time, except that employees already working overtime will be assigned last.
d. Every attempt will be made to notify employees on duty of mandatory overtime at least 1 hour in advance. If 1 hour’s advance notice is not provided, the employee will receive 1 ½ hours’ pay as a penalty in addition to the pay earned for any mandatory overtime hours actually worked.
e. Employees will not be assigned mandatory overtime during their vacation periods. For this purpose, the vacation period is defined as the period beginning 24 hours after the commencement of the employee’s last regularly scheduled shift before the vacation commenced. An employee may be assigned to mandatory overtime on the last regularly assigned shift prior to a vacation or DAT day, but will be placed at the bottom of the mandatory overtime list.
f. If any mandatory overtime causes a rest period violation to occur, every attempt will be made to adjust the employee’s shift to provide the minimum 8 hours rest.
g. All mandatory overtime hours will be paid at the applicable rate of pay but not less than the time and one half (1.5X) rate of pay regardless of work status or hours worked. If an employee is required to work mandatory overtime on two or more consecutive days, the minimum payment for all mandatory overtime hours worked will be at the double-time (2X) rate of pay.
Mandatory Overtime. A. The Employer agrees that no overtime-eligible nurse will be required to work mandatory overtime to perform nursing duties unless:
1. There are no on-call nurses who have the skills and abilities required of the position available to work; and
2. No permanent nurses who have the skills and abilities required of the position volunteer to work the position; and
3. There are no nurses available from a contracted temporary agency who can timely report and have the skills and abilities required of the position. The Union agrees the Employer has the authority to enter into contracts with temporary agencies to provide nursing duties to cover mandatory overtime, and waives the right to contest the Employer’s right to establish a contract with temporary agencies for the purposes contained in this Section. If the Employer is unable to execute a contract with a temporary agency for these services, this Section (Subsection 3) will not apply.
B. Overtime-eligible nurses will be required to remain on-duty until properly relieved.
C. This Section does not apply to overtime work that occurs due to the following reasons:
1. Because of any unforeseeable emergent circumstance which includes:
a. Any unforeseen declared national, state, or municipal emergency;
b. When a health care facility disaster plan is activated; or
c. Any unforeseen disaster or other catastrophic event that substantially affects or increases the need for health care services.
2. Because of utilization of stand-by.
3. When a nurse is required to work overtime to complete a patient care procedure already in progress where the absence of the nurse could have an adverse effect on the patient.
Mandatory Overtime. Mandatory overtime shall be scheduled 2 weeks in advance of the scheduled event (or as soon as possible after the overtime is known to management.) If there are unforeseen circumstances, the two week requirement will not apply. Where the notice of mandatory overtime is not provided in that time frame, the hours worked will be paid at twice the regular rate. If a member has checked with the Director of Public Safety or designee about a certain date as being a mandatory day, and received a negative answer, that employee shall be waived from any mandatory obligation of the day inquired about. If a staff member has extenuating circumstances occurring on a mandatory overtime day, they may request a release from the mandatory overtime day from the Director of Public Safety, or designee. The employee shall meet with the Director of Public Safety, or designee, to discuss the extenuating circumstance. The Director of Public Safety, or designee, shall respond to the staff member’s request as soon as possible.
Mandatory Overtime. Should there be insufficient volunteers, the Employer may require qualified employees on duty in the affected unit or classification to perform overtime work on a reverse seniority basis. The Employer shall not, however, require an employee to work overtime consisting of three (3) or more consecutive hours on more than one occasion in a 72-hour period except for emergent operational needs. The foregoing provision shall apply regardless of whether the employee’s previous overtime within the 72-hour period was voluntary or mandatory. Whenever possible, the next least senior person working on duty in the affected unit or classification will be required to work in lieu of an employee who has already worked overtime of at least three (3) consecutive hours within 72 hours. For purposes of this paragraph, the 72-hour period shall be deemed to commence as of the beginning of the overtime worked. An employee who agrees to come into work on the employee’s scheduled day off will not be required to work mandatory overtime on that day.
Mandatory Overtime. The parties agree to the following provisions when managing mandatory overtime:
A. A list of the next 25 employees on the shift subject to mandatory overtime will be posted. Employees named on the list may volunteer for an overtime shift within one work week following the list’s posting, and their voluntary overtime shift will count as their mandatory shift.
B. Employees who cannot work a mandatory overtime shift upon request will be given 24 hours’ notice to either volunteer for an overtime shift in the next work week or work the next mandatory overtime shift. If the employee refuses the next requested mandatory overtime, they may be subject to disciplinary action for insubordination. Continued patterns of refusing to work a mandatory overtime shift will be dealt with through progressive discipline.
C. Any employee who accepts a voluntary overtime shift and wishes to cancel the shift must notify the command post at least one hour prior to the start of the shift for which they volunteered. Failure to do so may result in disciplinary action.
D. Provided it does not interfere with their regular work or work schedule, POST certified bargaining unit employees may volunteer and be offered overtime prior to implementation of a mandatory overtime.
Mandatory Overtime. The Agency may not require an employee to work overtime until the Agency makes reasonable effort to utilize other registered nurses or other qualified employees to work those unfilled hours or shifts. The Agency shall solicit volunteers to work additional hours in the following order, before requiring an employee to work mandatory overtime:
A) Temporaries or on call
B) On duty volunteers
C) Off duty Volunteers
D) From a current rotation list: Assigned to the least senior nurse on the list who is on duty who has not worked mandatory overtime during the current rotation. When a nurse volunteers for and works at least two (2) hours of overtime, she/he will be placed at the bottom of the current rotation list. Management has the right not to accept volunteers for partial shifts; however, nurses may agree to voluntarily split an entire shift. Should the Agency be unable to find other registered nurses or other qualified employees to work the unfilled hours or shifts, the Agency cannot require the employee to work more than two (2) hours beyond the employee’s regularly scheduled shift pursuant to applicable law. Employees who are required to work mandatory overtime will not be required to work for a minimum of eight (8) hours if the employee worked at least sixteen (16) hours in the proceeding twenty-four (24) hours. If an employee’s work schedule requires less than eight (8) hours between shifts the Agency will ensure a full eight (8) hour break between shifts, by either:
(1) Modify the ending time of the overtime shift; or
(2) Modify the start time of the regular shift and ensure the employee is compensated for a full shift. This Section does not apply in the event of a national or State emergency or circumstances requiring the implementation of a facility disaster plan or in an emergency circumstances identified by the Department of Human Services by rule. Nurses shall not be mandated, except in an emergency involving public health and safety, to work overtime on a day immediately preceding a regularly scheduled day off or an approved vacation of one (1) week or more, or once per fiscal year for vacations of less than one (1) week. Only the Superintendent or his/her designee can determine if an emergency involving public health and safety exists. If an employee is bypassed, he/she shall remain on the top of the list for the next mandatory overtime.
Mandatory Overtime. In the event that overtime is offered to and refused by all qualified employees, then in that instance, mandatory overtime shall be required. Employees on scheduled, approved time off (i.e. vacation, personal, sick, or bereavement leave) shall not be considered available for mandatory overtime while off. Employees shall not be considered available for mandatory overtime on the 2 days preceding and 2 days following scheduled vacation, personal, ▇▇▇▇▇, bereavement leave or approved trade days. The mandatory overtime hours shall be imposed onto the junior person of the rank needed. If no contact is made, the junior person on shift shall work the overtime. This mandatory overtime shall then move up the scale from junior to Senior. If in doing this, an employee will be on shift in excess of forty-eight (48) hours, that employee shall be passed and the overtime mandated for the next senior employee, except in cases of emergency. The employee passed shall then be put back into the next mandatory overtime position. A separate mandatory overtime list shall be maintained. This list shall contain the names of all employees eligible for overtime. The names will be listed in reversed seniority with the employee with the least seniority at the top. When a mandatory overtime situation exists, the first available employee, beginning at the top of the mandatory overtime list, is subject to mandatory overtime. Available employees are the same as described above. The employee subject to mandatory overtime must work whatever hours have not been filled. Once an employee works mandatory overtime, the employee’s name is dropped to the bottom of the mandatory overtime list. The overtime shifts shall be worked according to the rank structure: i.e., a lieutenant will work for a lieutenant and a firefighter will work for a firefighter unless authorized by the Fire Chief or Deputy Chief.
Mandatory Overtime. An on shift day shift employee may be required at the Company’s request to work up to ten (10) consecutive hours:
i. To deal with an emergency;
ii. If something unforeseen has occurred, to ensure that the continuous process is not interrupted; and,
iii. To carry out urgent repair work to the plant or equipment.
iv. In the event that an employee is required to work mandatory overtime, he/she shall be paid one and one half times (1½ X) their applicable rate of pay for such time worked notwithstanding c) above
Mandatory Overtime. When the Medical Center is not able to secure volunteers to work the overtime assignment, the Director will assign the least senior qualified person to work the assignment, on a rotating basis. Mandatory overtime shall be distributed on a rotating basis. The Medical Center will make its best efforts to provide an employee who it to be mandated to work overtime with as much notice as possible. The Medical Center will endeavor to limit mandating a given employee to no more than 24 hours of mandatory overtime per month.
Mandatory Overtime. The Employer may schedule mandatory overtime to meet the needs of the business. If mandatory overtime is scheduled with less than 24 hours’ notice to the employee, the employee may decline such overtime due to reasonable extenuating circumstances (e.g. weather, childcare requirements). There shall be no expectation that any one employee will be mandated more than once during their rotation. Any employee who believes that continuing to work mandatory overtime, or working many consecutive days without a rest day may tend to cause harm to his/her health or to the safety and quality care of the residents may refuse to work more mandatory overtime or on consecutive days until the employee has had at least one (1) full day (twenty four [24] hours) off. The employee shall state such refusal in writing to his/her immediate supervisor, and state the date or shift time when s/he will be willing to resume taking shift assignments. There will be no retaliation for such refusal of mandatory overtime.