UW - WFSE AFSCME Council 28 Contract
Effective 7/1/15 - 6/30/17
Article 39 - Hours of Work and Work Schedules
- Hours of work for employees in the bargaining units listed in Appendix I shall be established by the Employer.
- Overtime may be assigned outside normally scheduled shifts and will be compensated in accordance with Article 40.
- Full-time Employee. An employee scheduled to work forty (40) hours per week in a seven (7) day period; or designated hospital personnel scheduled to work eighty (80) hours in a fourteen (14) day period.
- Part-time Employee. An employee scheduled to work a minimum of twenty (20) hours per week but less than forty (40) hours per week in a seven (7) day period; or designated hospital personnel scheduled to work more than forty (40) hours but less than eighty (80) hours in a fourteen (14) day period. Part-time employees shall receive all benefits of employment on a pro-rata basis, except health benefits coverage that is determined by the state.
- Work Shift. The hours an employee is scheduled to work each workday in a workweek.
- Workday. One of seven (7) consecutive, twenty-four (24) hour periods in a workweek.
- Work Schedules. Workweeks and work shifts of different numbers of hours may be established by the Employer in order to meet business and customer service needs, as long as the work schedules meet federal and state laws.
39.3 Rest, Meal and Clean-up Periods
Rest, Meal and Clean-up Periods will be scheduled by the supervisor as follows:
- Rest Periods. The Employer and Union agree to rest periods that vary from and supersede the rest periods required by WAC 296-126-092. Employees will be provided paid 15-minute rest periods for every four (4) hours worked. No employee will be required to work more than three consecutive hours without a rest period. Rest Periods do not require relief from duty; however, it is the employer's intention to provide uninterrupted rest periods. Employees must take scheduled rest periods. Where the nature of the work allows employees to take intermittent rest periods equivalent to 30 minutes within an 8-hour period, a scheduled rest period is not required. Rest periods may not be used for late arrival or early departure from work.
Unpaid Meal Period. The Employer and Union agree to unpaid meal periods that vary from and supersede the unpaid meal period requirements required by WAC 296-126-092. Employees will be provided with one unpaid meal period of at least 30 minutes during any shift that exceeds five hours in length. When an employee's unpaid meal period is interrupted by work duties, the employee will be allowed to resume his or her unpaid meal period following the interruption, if possible, and to complete the 30-minute unpaid meal period. In the event the employee is unable to complete the 30-minute unpaid meal period due to operational necessity, the employee shall be entitled to appropriate compensation to be computed based on the actual number of minutes worked within the 30-minute unpaid meal period.
An employee whose shift is extended at least three (3) hours longer than a normal workday will be entitled to another 30-minute unpaid meal period. This second meal period must be given within five (5) hours from the end of the first meal period and for each five (5) hours worked thereafter. If the Employee chooses to waive the overtime meal period requirements, he/she will do so in writing.
- Paid Meal Period. The Employer and Union agree to paid meal periods that vary from and supersede the paid meal period required by WAC 296-126-092. Employees working straight shifts will not receive a paid meal period, but will be permitted to eat intermittently during paid time as time allows during their shift while remaining on duty.
- Clean-Up Time. Reasonable time for clean-up may be allowed at the end of the shift as determined necessary by the Employer (at the department level).
- Employee health and safety will be considered when scheduling rest, meal, and clean-up periods. Employees may not alter their scheduled rest or meal periods without supervisor approval. Employees who are unable to take scheduled rest or meal periods must report to their supervisor as soon as possible.
39.4 Work Schedules. The Employer will assign a work schedule to each employee.
Scheduled work periods, within which there are two (2) work schedules:
- Regular Work Schedule. The regular work schedule for full-time employees shall consist of five (5) consecutive and uniformly scheduled eight (8) hour days in a seven (7) day period, with two (2) consecutive days off. Uniformly scheduled means a daily repetition of the same working hours and a weekly repetition of the same working days.
- Alternative Work Schedule. An alternate forty (40) hour work schedule (other than five (5) uniform and consecutive eight (8) hour days in a seven (7) day period), or for hospital personnel an eighty (80) hour workweek in a fourteen (14) day period and other mutually agreed upon schedules that comply with applicable federal and state law. Employee work schedules normally include two (2) consecutive days off.
- Nonscheduled Work Period. Positions for which the hours (shift length, shift times and workdays) cannot be regularly scheduled.
- Part-time Work Schedule. This is any deviation from any full-time schedule which includes twenty (20) hours or more per week but less than forty (40) hours per week in a seven (7) day period; or for designated hospital personnel forty (40) or more hours and less than eighty (80) hours in a fourteen (14) day period. Employee work schedules will normally include two (2) consecutive days off.
- The Union may propose other alternative schedules through the Joint Union/Management Committees.
39.5 Shift/Schedule Assignment Notification.
- The Employer agrees to provide as much notice as possible but no fewer than ten (10) calendar days notice to an employee in the event of an Employer-directed permanent change in the employee's work shift assignment or work schedule, with the day of notification constituting the first day of notice. A shorter notification period may be used with the concurrence of the employee(s) impacted.
- For temporary changes in work schedule assignment occurring within the employee's assigned workweek, the Employer will provide two (2) calendar days notice, with the day of notification constituting the first day of notice. For emergency reasons, lack of work, an existing safety hazard to the employee or others, or mutual agreement between the Employer and employee, the Employer may temporarily change an employee's schedule with fewer than two (2) calendar days notice. Temporary is defined as no longer than one (1) week. Temporary shift changes within the workweek shall not be employed to avoid the accrual of overtime.
- The assignment of employees in various shifts within each work group or department shall be determined by the Employer. Provided that when qualifications are substantially equal and all other considerations are the same in the judgment of the employing department, seniority will be the tie-breaker in determining shift assignment for Employer required changes. This criterion does not apply to positions deemed by the Employer to require a rotational shift.
- In accordance with present and past practice, it is understood that employees in certain departments are on alternative work schedules and/or part-time schedules by reason of operational necessity and employee convenience. Such assignments/practices shall be recognized. When the Employer develops a new alternative work and/or teleworking/commuting schedule that affects two (2) or more employees, it will be done with the approval of a majority of the employees affected or informing the Union of these changes and holding a meeting, if requested, before any changes are made.
39.6 Telework/Commute. Requests for teleworking/commuting will be considered in accordance with University and/or departmental policy.