Common use of Shift Trades Clause in Contracts

Shift Trades. Individual trades of full or partial shifts may be made under the provisions of the Fair Labor Standards Act. (A) Trades must be approved by a supervisor. (B) The hours worked shall be excluded in the calculation of the hours for which the substituting employee would otherwise be entitled to overtime compensation. Where one employee substitutes for another, each employee will be credited as if they had worked their normal work schedule for that shift. Notwithstanding the provisions of ORS 653.268, it is agreed that at no time shall any hours worked under a trade agreement be paid at the overtime rate. Lunches and breaks earned in conjunction with a shift trade can be combined as allowed under Article 6.4, and to remain FLSA compliant. (C) The City is not required to keep a record of the hours of the substitute work. However, the City may develop and require the use of pay codes to facilitate its knowledge of when an employee has substituted or is being substituted and when an employee did not report to work for what was an approved substitution shift. (D) Trades are not subject to formal record keeping by the Bureau. Records of trade time worked and owed are the responsibility of the employees involved in the trade. The City is not responsible, nor can it be held liable, for disputes between employees over time owed as a result of trades. The City cannot be held responsible for the balancing of trade accounts. (E) Employees are responsible for ensuring that their assigned shifts are covered. (F) If the employee who has agreed to work for another in trade does not report to work, the employee originally assigned the shift will be credited as if they had worked their normal work schedule for that shift. The employee who did not report to work as part of an approved substitution agreement shall have the equivalent amount of time removed from their annual leave accrual, and if none, from future annual leave accrual until the deficit is erased. (G) Failure to work a trade twice in six months shall result in termination of all trade privileges for the subsequent six months. Failure to fulfill a trade may also result in the termination of trade privileges and/or disciplinary action.

Shift Trades. Individual Section 18.1. Trading Shifts. Bargaining unit employees will be granted the opportunity to trade. Shift trades are a privilege, designed to allow employees time off when other means are unavailable. Request-for Leave forms must be used for all trades. Trades of full or partial shifts may be made under the provisions of the Fair Labor Standards Act. more than four (A4) Trades hours must be approved by a supervisor. the Fire Chief. Trades of four (B4) The hours worked shall or less must be excluded in approved by the calculation shift commanders of the hours for which shifts affected by the substituting trades. Trades will not be approved if the employees’ shift is above optimal staffing and the initiating employee would otherwise be entitled can take leave. Any employee that fails to overtime compensation. Where one employee substitutes for another, each employee will be credited as if they had worked their normal work schedule for that shift. Notwithstanding the provisions of ORS 653.268, it is agreed that at no time shall any hours worked under a trade agreement be paid at the overtime rate. Lunches and breaks earned in conjunction with a shift trade can be combined as allowed under Article 6.4, and to remain FLSA compliant. (C) The City is not required to keep a record of the hours of the substitute work. However, the City may develop and require the use of pay codes to facilitate its knowledge of when an employee has substituted or is being substituted and when an employee did not report to work or fails to provide qualified relief for what was his absence on a trade will be charged twenty-four (24) hours of Holiday Leave. Trade on a trade will only be permitted to cover an approved substitution shift. (D) Trades are not subject to formal record keeping by the Bureau. Records illness/injury or deployment that prohibits an employee from reporting for their portion of trade time worked and owed are the responsibility of the employees involved in the trade. The City Said employee is responsible to secure the proper coverage for their absence. Normally, the trade policies and procedures will not responsiblebe applicable to employees on approved funeral leave, nor can it be held liablemedical administrative leave, for disputes between employees over time owed as a result of tradesor workers compensation leave. The City cannot be held responsible for bargaining unit member agreeing to work a trade: a. assumes full responsibility to work the balancing of trade accounts. (E) Employees are responsible for ensuring that their assigned shifts are covered. (F) If the employee who hours he has agreed to work, is required to find another qualified employee to work on his behalf if for another any reason other than illness or injury he becomes unable to work. b. is required to follow sick leave policy if he is unable to work because of an unexpected medical problem, illness or injury The bargaining unit member requesting the trade: a. must submit a properly executed request-for-leave form in a timely manner prior to the trade date which has been signed by his shift commander and the employee agreeing to work the trade. b. must repay the trade within the calendar year. c. must assure the trade does not conflict with the maximum consecutive work shift policy, or any provisions of the labor agreement. d. must report to for work, or obtain other coverage, for his normal shift if the employee originally assigned the shift will be credited as if they had worked their normal work schedule for that shift. The employee who did not report previously agreed to work as part becomes unable to work because of an approved substitution agreement shall have the equivalent amount paid or unpaid leave or termination of time removed from their annual leave accrual, and if none, from future annual leave accrual until the deficit is erasedemployment. e. if an EDO trade, must be made within the same twenty-eight (G28) Failure to day work a trade twice cycle. f. must not be submitted more than sixty (60) days in six months shall result in termination advance of all trade privileges for the subsequent six months. Failure to fulfill a trade may also result in the termination of trade privileges and/or disciplinary actiondate requested.

Shift Trades. Individual Employees covered by this Agreement may engage in up to twenty-four (24) shift trades of full or partial shifts in 2019. Starting in 2020, employees covered by this Agreement may be made under the provisions of the Fair Labor Standards Act. engage in up to eighteen (A18) Trades must be approved by a supervisor. (B) The shift trades per calendar year. With supervisor approval, probationary employees are also eligible for shift trades. Shift trade hours worked shall be excluded in the calculation of the not constitute hours for which calculating overtime and will not cause any extra cost to the substituting employee would otherwise be entitled to overtime compensationEmployer. Where one employee substitutes for another, each employee A shift trade will be credited considered to count towards the per year maximum as if they had worked their normal work schedule for that shift. Notwithstanding the provisions described above regardless of ORS 653.268, it is agreed that at no time shall any how many hours worked under a trade agreement be paid at the overtime rate. Lunches and breaks earned in conjunction with a shift trade can be combined as allowed under Article 6.4, and to remain FLSA compliant. (C) The City is not required to keep a record of the hours of the substitute work. However, the City may develop and require the use of pay codes to facilitate its knowledge of when an employee has substituted or is being substituted and when an employee did not report to work for what was an approved substitution shift. (D) Trades are not subject to formal record keeping by the Bureau. Records of trade time worked and owed are the responsibility of the employees involved in the trade (i.e., a trade of a partial shift will count as one full trade, just as a trade of a full shift will also count as one full trade). The City is A shift trade may not responsible, nor can it cause an employee to work more than seven (7) consecutive days. Shift trades may only be held liable, used for disputes between employees over time owed a maximum of seven (7) consecutive days. Employees may not work more than twelve (12)-consecutive hours as a result of tradesa shift trade. Shift trades will not be requested more than sixty (60) days in advance. The City cannot be held responsible for the balancing of trade accounts. (E) Employees are employee is responsible for ensuring that their assigned shifts all shift trades are covered. repaid within six (F6) If months. All shift trades must be submitted by the employee who has agreed and approved by the supervisor in applicable scheduling software and shall not interfere with business operations. Qualifications to perform the work will be considered in approving the request. The supervisor must be notified if both employees agree to cancel the trade. If an employee calls in sick when they are scheduled to work for another in trade does not report to worka trade, the employee originally assigned the shift it will be credited come out of their sick leave and count as if they had worked their normal work schedule for that shiftan occurrence. The If an employee who did not report to work as part of an approved substitution agreement shall have the equivalent amount of time removed from their annual leave accrual, and if none, from future annual leave accrual until the deficit is erased. (G) Failure scheduled to work a trade twice fails to work for any reason other than calling in six months shall result in termination of all trade privileges for sick, the subsequent six monthsemployee will be charged from their vacation bank. Failure If the substituting employee fails to fulfill work the shift, the employee who requested the shift trade, if at work, must remain at work and work the shift. If an employee is scheduled to work a trade and there is enough staffing, the employee can use their own vacation time. Exchanging short days outside of the current pay period is also considered a shift trade and will count towards the eighteen (18) shift trades per year maximum described above. A short day exchange within a current pay period will not be counted as a shift trade. A certified training officer (CTO) may not trade shifts, if at the time of the trade request, it appears as if the requested trade will cause the CTO to miss a shift during a period of time when the CTO is actively training another employee, unless the requested shift trade is with another CTO, in which case the trade will be allowed if it otherwise fulfills the pre-requisites as set forth in this section. A lead dispatcher may trade shifts as long as the person they are trading with is another lead dispatcher, qualified to work as a temporary upgrade, or there is a person already scheduled who is qualified to work as a temporary upgrade. It is understood that if the trade is with someone who is qualified to work as a temporary upgrade they will not be compensated. If someone is assigned to be in a temporary upgrade, they will be compensated as defined in Section 11.02. Exchange of scheduled hours worked on the same day shall constitute a shift swap. An employee scheduled on day shift can swap shifts with an employee scheduled on graveyards if that swap occurs on the same day, and vice versa. Shift swaps will not be considered a shift trade. Shift swaps will only occur if supervisors on both shifts approve the request. It is understood that all applicable state and federal wage and hour laws will be complied with, and under no circumstances shall the continuation of shift trades obligate the City to pay overtime due to shift trades. It is also result understood that if at any time in the termination future a relevant state or federal agency issues a definitive ruling to the effect that any aspect of the shift trade privileges practice is in violation of such state and/or disciplinary actionfederal wage and hour laws, the City and the Guild will reopen this section for further bargaining.

Shift Trades. Individual trades of full or partial shifts may be made under the provisions of the Fair Labor Standards Act. (A) Trades must be approved by a supervisor. (B) The hours worked shall be excluded in the calculation of the hours for which the substituting employee would otherwise be entitled to overtime compensation. Where one employee substitutes for another, each employee will be credited as if they had worked their normal work schedule for that shift. Notwithstanding the provisions of ORS 653.268, it is agreed that at no time shall any hours worked under a trade agreement be paid at the overtime rate. Lunches and breaks earned in conjunction with a shift trade can be combined as allowed under Article 6.4, and to remain FLSA compliant. (C) The City is not required to keep a record of the hours of the substitute work. However, the City may develop and require the use of pay codes to facilitate its knowledge of when an employee has substituted or is being substituted and when an employee did not report to work for what was an approved substitution shift. (D) Trades are not subject to formal record keeping by the Bureau. Records of trade time worked and owed are the responsibility of the employees involved in the trade. The City is not responsible, nor can it be held liable, for disputes between employees over time owed as a result of trades. The City cannot be held responsible for the balancing of trade accounts. (E) Employees are responsible for ensuring that their assigned shifts are covered. (F) If the employee who has agreed to work for another in trade does not report to work, the employee originally assigned the shift will be credited as if they had worked their normal work schedule for that shift. The employee who did not report to work as part of an approved substitution agreement shall have the equivalent amount of time removed from their annual leave accrual, and if none, from future annual leave accrual until the deficit is erased. (G) Failure to work a trade twice in six months shall result in termination of all trade privileges for the subsequent six months. Failure to fulfill a trade may also result in the termination of trade privileges and/or disciplinary action.

Shift Trades. Individual trades of full or partial Non-probationary employees in the same job classification may trade shifts in accordance with this section provided that the trade does not require work on multiple shifts on the same workday, provided however that a Communications Officer may trade one half shift with another employee. In no case may an employee pay back a trade on a work day if the scheduled shift and the pay-back hours combine to greater than twelve (12). The trade will be made documented in advance on a shift trade request form provided by the City, submitted to and approved by the supervisor at least two (2) days in advance unless an exception is permitted by the supervisor for cause which is reasonable under the provisions circumstances. The shift trade form will reflect the date when the parties have agreed to pay back the trade. The time records will reflect hours of work regularly scheduled by the participants in the trade, each of whom will be paid accordingly. If a trade participant works hours in excess of the Fair Labor Standards Act. (A) Trades must be approved by a supervisor. (B) The traded shift on the same workday, such hours worked shall be excluded in the calculation of the hours for which the substituting employee would otherwise be entitled to overtime compensation. Where one employee substitutes for another, each employee will be credited as if they had worked their normal work schedule for that shift. Notwithstanding the provisions of ORS 653.268, it is agreed that at no time shall any hours worked under a trade agreement be paid at the overtime rate. Lunches and breaks earned in conjunction with a shift trade can be combined as allowed under Article 6.4, and rate to remain FLSA compliant. (C) The City is not required to keep a record of the hours of employee who performed the substitute overtime work. However, Arrangements related to the City may develop and require the use payback of pay codes to facilitate its knowledge of when an employee has substituted or is being substituted and when an employee did not report to work for what was an approved substitution shift. (D) Trades are not subject to formal record keeping by the Bureau. Records of a trade time worked and owed are the sole responsibility of the employees involved in trade participants and the tradeCity will bear no responsibility for a failure to payback. The City Once a trade is not responsibleapproved by a supervisor, nor can it be held liable, for disputes between employees over time owed as a result of trades. The City cannot be held responsible for the balancing of trade accounts. (E) Employees are responsible for ensuring that their assigned shifts are covered. (F) If the employee who has agreed agrees to trade assumes full responsibility to work for another the shift. Trade and payback scenarios will not involve more than two trade participants, and a trade of a shift acquired by trade will not be permitted; trades will not be permitted if the trade scenario results in an employee working more than seven (7) consecutive days. An arrangement to trade does not report an entire shift rotation may be documented by the parties in writing and submitted to worka supervisor at least thirty (30) days prior to the rotation. At the end of the traded shift rotation, the employee originally assigned the shift will be credited as if they had worked employees revert to their normal work schedule for that shift. The employee who did not report to work as part of an approved substitution agreement shall have the equivalent amount of time removed from their annual leave accrual, and if none, from future annual leave accrual until the deficit is erased. (G) Failure to work a trade twice in six months shall result in termination of all trade privileges for the subsequent six months. Failure to fulfill a trade may also result regular place in the termination of trade privileges and/or disciplinary actionrotation, unless otherwise assigned.

Shift Trades. Individual Shift trades will be allowed. Employees assigned to different lengths of full or partial shifts may be made under trade shifts; however, the provisions employee trading the longer shift is responsible for working or obtaining approval to use accrued time to cover the balance of the Fair Labor Standards Actshift trade. This trade must be requested and agreed to in writing by both employees with written approval from each of the involved employees’ supervisors by completing the appropriate departmental form. (A) Trades 1. Probationary employees who have not completed their training are not eligible for shift trades. 2. Notice of the shift trade request must be approved by a supervisorprovided in writing at least forty-eight (48) hours in advance, except that under circumstances where forty-eight (48) hours advance notice is not possible because of exigent circumstances, the employees shall give notice as soon as possible. (B) 3. The hours worked shall trade must not involve either employee accruing overtime or either employee working a double shift. 4. Any employee fulfilling any shift trade will not be excluded allowed to use any vacation time, personal time, compensatory time, or holiday time to satisfy the shift trade commitment, except where the employees work different lengths of shifts and prior approval of the exchange has been granted with the use of accrued time to cover the balance of the shift being traded or paid back. 5. An employee who is unable to work because they have an incapacitating illness or are otherwise incapacitated and requests to use sick time to fulfill the trade must provide evidence in the calculation form of the hours for which the substituting employee would otherwise be entitled to overtime compensation. Where one employee substitutes for another, each employee will be credited as if they had worked their normal work schedule for that shift. Notwithstanding the provisions of ORS 653.268, it is agreed that at no time shall any hours worked under a trade agreement be paid written medical certification (at the overtime rateemployee’s expense) for the absence. 6. Lunches Both the trade date and breaks earned in conjunction with the “pay back” trade date must be completed within the same pay period. 7. Once a shift trade can has been established, employees shall not be combined as allowed under Article 6.4, and to remain FLSA complianttrade within the trade. (C) The City is not required to keep a record 8. Consecutive days traded shall count as individual trades for each day. 9. In the case of the hours of the substitute work. However, the City may develop and require the use of pay codes to facilitate its knowledge of when an employee has substituted or is being substituted and when an employee did not who fails to report to for work for what was an approved substitution shift. (D) Trades are not subject to formal record keeping as designated by the Bureau. Records of shift trade time worked and owed are the responsibility of the employees involved in the trade. The City is not responsibleform, nor can it be held liable, for disputes between employees over time owed as a result of trades. The City cannot be held responsible for the balancing of trade accounts. (E) Employees are responsible for ensuring that their assigned shifts are covered. (F) If the employee who has agreed is scheduled to work for another based upon the written request and approval form will be deemed in trade does not report to work, the employee originally assigned violation of the shift trade agreement; issued an unexcused absence; assessed a No Show/No Call; and subject to discipline for failure to report for duty. In addition, an employee who fails to fulfill their obligation for a shift trade will be credited as if they had worked their normal work schedule for that shift. The employee who did not report ineligible to work as part of an approved substitution agreement shall have the equivalent amount of participate in any further shift or time removed from their annual leave accrual, and if none, from future annual leave accrual until the deficit is erased. (G) Failure to work a trade twice in six months shall result in termination of all trade privileges trades for the subsequent six months. Failure to fulfill a trade may also result in remainder of the termination of trade privileges and/or disciplinary actioncalendar year.

Shift Trades. Individual trades ‌ Employees may trade shifts or portions thereof with qualified employees in increments of full twenty-four (24) hours, fourteen (14) hours, or partial shifts may be made ten (10) hours, under the provisions following conditions. An employee making such a trade shall enter that fact on Telestaff, and shall inform their company officer of the Fair Labor Standards Act. (A) Trades trade at that time. Such trade must be approved by a supervisor. the Battalion Chief. Employees may make trades with qualified employees of less than ten (B10) The hours worked under the following conditions. Requests for such trades shall be excluded in entered on Telestaff and approved by the calculation Battalion Chief. Such trades will not count as part of the hours four (4) trades per month stated below. A request for a trade may be denied if the trade would interfere with operations of the Fire Department deemed important by the Fire Chief. No employee may have more than four (4) trades per month except with written permission from the Battalion Chief. All trades between employees shall be repaid within twelve (12) months of the date of the trade unless the employee responsible for repaying the trade is assigned to a non-suppression assignment or suffers an illness or injury, in which case the substituting employee would otherwise twelve (12) month repayment period shall be entitled to overtime compensationextended by the period of such assignment, illness or injury. Where No trade shall involve the payment of monetary compensation from one employee substitutes for to another, each . If an employee will be credited as if they had worked their normal work schedule for that shift. Notwithstanding the provisions of ORS 653.268, it is agreed that at no time shall any hours worked under a trade agreement be paid at the overtime rate. Lunches and breaks earned in conjunction with has arranged a shift trade can with another employee and that employee fails to report for work on the day they were to work for the first employee, the second employee shall be combined as allowed under Article 6.4, and to remain FLSA compliant. (C) The City is not required to keep a record of make up that time in accordance with Fire Department rules and regulations and the hours of second employee will not be compensated for the substitute day they failed to report for work. However, the City may develop and require the use of pay codes to facilitate its knowledge of when If an employee has substituted or is being substituted arranged for a shift trade with another employee and when that employee fails to report for work due to an employee did not report industrial injury on the day they were to work for what the first employee, the first employee shall be required to make up that time in accordance with Fire Department rules and regulations. All such time shall be made up in full shifts or, if the trade was an approved substitution for less than a full shift. (D) Trades are not subject to formal record keeping by , in the Bureau. Records same period of trade time worked and owed are the responsibility of the employees involved in as the trade. The City is not responsible, nor can it be held liable, for disputes between employees over time owed as a result of trades. The City cannot be held responsible for the balancing of trade accounts. (E) Employees are responsible for ensuring that their assigned shifts are covered. (F) If the employee who has agreed to work for another in trade does not report to work, the employee originally assigned the shift will be credited as if they had worked their normal work schedule for that shift. The employee who did not report to work as part of an approved substitution agreement shall have the equivalent amount of time removed from their annual leave accrual, and if none, from future annual leave accrual until the deficit is erased. (G) Failure accepting to work a trade twice are expected to be on duty the entire length of time agreed to. Employees unable to work the full amount of the trade time should not agree to work the trade. Employees on trade status assume the assignment of the employee they are replacing. Assignments will be made based on the seniority and qualifications of the employee assigned to the shift who requested the trade. (Status on eligibility list does not pass from the employee off on trade to the employee working the trade). For approved trades between ranks an employee trading up in six months shall result rank will assume the assignment of the employee being replaced, provided another employee with the appropriate rank is not available for such assignment. An employee trading down in termination rank will assume the assignment of all the employee being replaced, provided there is no available assignment at their attained rank. A Firefighter may trade privileges for with any other Firefighter, or with an Apparatus Operator subject to limitations stated within Apparatus Operator definitions, or with Captains subject to the subsequent six monthslimitations stated within Captains definitions. Failure An Apparatus Operator may trade with any other Apparatus Operator, or with a Firefighter who has: three (3) years’ experience as an Alameda Fire Department Firefighter, and possession of a the appropriate driver's license, and previously placed on an Alameda Fire Department Apparatus Operator promotion list or has been certified to fulfill drive by the Training Officer. An Apparatus Operator may trade with a Captain who has: possession of the appropriate driver’s license, and previously placed on an Alameda Fire Department Apparatus Operator promotion list or has been certified to drive by the Training Officer, and be subject to limitations stated within Captain definitions. A Captain may trade with any other Captain, or with any Firefighter or Apparatus Operator who is qualified and certified to act as Captain. A Battalion Chief may also result in the termination of trade privileges and/or disciplinary actionwith any other Battalion Chief, or Captain who is qualified and certified to act as a Battalion Chief.