CBA Article 6

ARTICLE 6 OVERTIME 

6.1 Definitions 

A. Overtime 

Overtime is defined as time that an overtime-eligible nurse: 

1. Works in excess of forty (40) hours per workweek or eighty (80) hours within a fourteen (14) day period. 

2. Works in excess of his or her scheduled work shift and the nurse is a scheduled nurse. 

B. Overtime Rate 

In accordance with the applicable wage and hour laws, the overtime rate will be one and one-half (1-1/2) of a nurse’s regular rate of pay. The regular rate of pay will not include any allowable exclusions. 

C. Work 

The definition of work, for overtime purposes only, includes: 

1. All hours actually spent performing the duties of the assigned job.

2. Travel time required by the Employer during normal work hours from one (1) work site to another or travel time prior to normal work hours to a different work location that is greater than the nurse’s normal home-to-work travel time. 

3. Vacation leave. 

4. Compensatory time. 

5. Holidays. 

6. Any other paid time not listed below. 

D. Work does not include: 

1. Shared leave. 

2. Leave without pay. 

3. Additional compensation for time worked on a holiday. 

4. Time compensated as standby, callback, or any other penalty pay. 

6.2 Overtime-Eligibility and Compensation 

Nurses are eligible for overtime compensation under the following circumstances: 

A. Full-time overtime-eligible nurses who have prior approval and work more than forty (40) hours in a workweek or eighty (80) hours in a fourteen (14) day period shall be compensated at the overtime rate. A part-time overtime-eligible nurse whose workweek is less than forty (40) hours will be paid at his or her regular rate of pay for all work performed up to forty (40) hours in a workweek and paid at the overtime rate for authorized work of more than forty (40) hours in a workweek. 

B. Full-time overtime-eligible scheduled nurses who have prior approval and work more than their scheduled shift will be compensated at the overtime rate. A part-time overtime-eligible scheduled nurse will be paid at his or her regular rate of pay for all work performed up to forty (40) hours in a workweek and paid at the overtime rate for authorized work of more than forty (40) hours in a workweek. 

6.3 Overtime Computation 

Computation of overtime will be rounded upward to the nearest one tenth (1/10th) of an hour. 

6.4 General Provisions 

A. The Employer will determine whether work will be performed on regular work time or overtime, the number, the skills and abilities of the nurses required to perform the work, and the duration of the work. Before requiring nurses to work overtime, the Employer will first attempt to meet its overtime requirements on a voluntary basis through the use of on-call, part-time, volunteers currently working, and callback. In the event there are not enough nurses volunteering to work, the supervisor may require nurses to work overtime, consistent with 

B. If a nurse was not offered overtime for which he or she was qualified, the nurse will be offered the next available overtime opportunity for which he or she is qualified. Under no circumstances shall a nurse be compensated for overtime that was not worked. There will be no pyramiding of overtime. 

6.5 Compensatory Time for Overtime-Eligible Nurses 

A. Compensatory Time Eligibility 

The Employer may grant compensatory time in lieu of cash payment for overtime to an overtime-eligible nurse, upon agreement between the Employer and the nurse. Compensatory time must be granted at the rate of one and one-half (1-1/2) hours of compensatory time for each hour of overtime worked. 

B. Maximum Compensatory Time 

Nurses may accumulate no more than one hundred twenty (120) hours of compensatory time. 

C. Compensatory Time Use 

Nurses must use compensatory time prior to using vacation leave, unless this would result in the loss of their vacation leave. Compensatory time must be scheduled and used in the same manner as vacation leave, as in Article 16, Vacation Leave. 

D. Compensatory Time Cash Out 

All compensatory time must be used by June 30th of each year. If compensatory time balances are not scheduled to be used by the nurse by April of each year, the supervisor shall contact the nurse to review his or her schedule. The nurse’s compensatory time balance will be cashed out every June 30th or when the nurse:Section 6.6 of this Article. When overtime is required, it will be assigned to nurses on duty in inverse order of seniority, provided the nurses have the skills and abilities required of the position. A nurse can refuse to work a required overtime one (1) time per rotation. The nurse will remain on the list and will be required to work the next required overtime assignment. The inverse order will be re established when the list has been exhausted, i.e., the nurse with the greatest seniority has worked his or her required overtime. A nurse who volunteers to work an overtime shift will have his or her name removed from the required overtime rotation for that cycle. 

1. Leaves state service for any reason, 

2. Transfers to a position in his or her agency with different funding sources, or 

3. Transfers to another state agency. 

6.6 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.

© Paul Vilja 2017