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Academic
year employees shall be available for assignment on each academic
workday as specified on the campus academic calendar. |
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Ten (10) and eleven
(11) month employees shall be available for assignment on all
workdays within the assigned ten (10) or eleven (11) months,
respectively. |
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Twelve (12) month
employees shall be available for assignment on all workdays
within the assigned twelve (12) months. |
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For
those employees assigned a five (5) day workweek, the workday
shall normally consist of eight (8) hours. The workweek for
such employees shall normally be Monday through Friday, inclusive. |
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For those
employees assigned a four (4) day workweek, the workday shall
normally consist of ten (10) hours. |
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Less
than full-time employees shall be assigned hours and days of
work as determined by the appropriate administrator. |
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Daily
and weekly work schedules shall be established by the appropriate
administrator. An employee shall be provided with notification
of a permanent work schedule change or a summer work schedule
change at least twenty-one (21) days prior to the effective
date of the work schedule change. |
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An employee
shall be entitled to a meal period not to exceed sixty (60)
minutes. The time of such a meal period shall be designated
by the appropriate administrator. The appropriate administrator
may adjust meal periods to account for variations in work schedules.
Such meal periods shall not count toward hours worked, except
as provided for in provision 28.9. |
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An employee
in a classification listed in Appendix D who is required to
remain on the job at his/her work station for a full workday
shall be permitted to take a meal period, not to exceed thirty
(30) minutes, during worktime. |
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When
an employee is required to work more than two (2) hours before
or two (2) hours after a regularly scheduled workday, he/she
may claim the actual cost of each overtime meal up to the maximum
allowed for lunch in accordance with CSU travel regulations.
All claims for overtime meal reimbursements must be supported
by a voucher. The time taken to consume the overtime meal will
not be included in the computation of overtime for the purposes
of this allowance. |
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An employee
shall not be required to interrupt his/her work to consume his/her
overtime meal. Overtime meals may be taken before, after or
during the overtime period. This provision shall not apply to
employees receiving a per diem rate. |
Employee Request for Work Schedule Change
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28.12 |
An employee
may submit a written request to the appropriate administrator
for a permanent change in the work hours and/or workdays of
his/her work schedule and/or work year. Such a request shall be
submitted twenty-one (21) days prior to the requested effective
date of the change. An employee shall not submit more than four
(4) such requests per year. The appropriate administrator shall
respond in writing to the employee regarding approval or denial
of such a request. |
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28.13 |
An employee
in a classification listed in Appendix D shall be allowed rest
periods each workday of fifteen (15) minutes for each four (4)
hours worked. Rest period schedules shall be determined by the
appropriate administrator in accordance with the requirements
of the department. Rest periods shall be counted toward hours
worked. Rest period time not taken shall not be cumulative. |
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Overtime
is defined as authorized time worked in excess of forty (40)
hours in the designated workweek. |
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For full-time
employees in classifications listed in Appendix D, the workweek
shall consist of seven (7) consecutive twenty-four (24) hour
periods beginning at 12:01 a.m. on Sunday and ending at 12:00
midnight the following Saturday. The President may approve alternate
workweeks of any other seven (7) consecutive twenty-four (24)
hour periods. These employees shall work a minimum workweek
of forty (40) hours and are eligible for overtime compensation.
Authorized work may include participation in committee assignments
and participation in approved career development activities. |
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Overtime
shall be compensated at one and a half (1 1/2) times the employee's
regular hourly rate. |
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Paid
holiday, paid sick leave, and paid vacation time shall be counted
as time worked for the purposes of this Article. |
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All overtime
hours worked shall be compensated by cash or compensatory time off (CTO)
as determined by the appropriate administrator. If an employee has been unable to take his/her CTO and has a CTO balance in excess of one hundred twenty (120) hours as of December 31, he/she shall be paid in cash for all hours in excess of one hundred twenty (120). Such payment shall be made by February 1 of each year. |
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The
only official methods for the computation and accumulation of
overtime in this bargaining unit are those provided in this
Article. |
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Overtime
shall be authorized and assigned by the appropriate administrator. |
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The
appropriate administrator shall endeavor to equalize the overtime
work among all qualified employees who have expressed interest
in overtime work. An employee shall be required to work overtime
if no qualified volunteer is available. |
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Requests
for scheduling CTO shall be submitted to the appropriate administrator
at least seven (7) days in advance. CTO shall be scheduled and
taken only as authorized by the appropriate administrator. When
authorized to do so by the appropriate administrator, an employee
may take CTO without submitting such a request. |
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Upon
seven (7) days notice to the employee, the appropriate administrator
may direct the employee to take earned CTO. When possible, the
scheduling of such CTO shall be by mutual agreement of the employee
and the appropriate administrator. |
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Upon
request of the employee, the appropriate administrator shall
provide an accounting of the employee's CTO balance. |
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When
an employee is separated from service, he/she is entitled to
a lump-sum payment for any earned CTO by reason of previous
overtime worked. |
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28.26 |
The intent of this section 28.26 is to comply with the requirements of the Fair Labor Standards Act (FLSA). |
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A. |
For full-time employees in classifications listed in Appendix C, the workweek shall be a minimum average of forty (40) hours per week during any six (6) consecutive pay periods. This provision shall apply pro rata to less than full-time employees. Authorized work may include performance of specialized professional services, participation in committee assignments, and participation in approved professional activities. Work in excess of the minimum average workweek is not compensable in cash or CTO, and shall not be deemed overtime. |
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B. |
Employees shall not be assigned an unreasonable or excessive workload. |
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C. |
Employees who have absences of less than a full day shall receive a full day's salary and shall neither have their salary docked nor be required to use sick leave or vacation for absences of less than a full day. |
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D. |
CSU employees in exempt classifications are exempt from FLSA which means they are exempt from overtime payment requirements. If exempt employees need to work hours in excess of the normal business week or business day, they do not receive overtime or CTO. Exempt employees are expected to accomplish assigned work without regard for numbers of hours worked. When it is necessary for employees to work extended hours, managers may authorize informal adjustments in work hours. Normally, it is not necessary to keep complex records of hours worked. If a manager feels an employee is not working an appropriate number of hours, the employee should be counseled. If corrective actions are being considered, performance records should be maintained. Any non-disciplinary, corrective action by supervisors should be addressed to failures by the employee to meet job performance standards and requirements. Typically, such cases should usually involve consultation by the supervisor with the campus Human Resources Office. Human Resources is informed of FLSA requirements and is able to obtain advice from the Office of General Counsel as needed. |
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The provisions of this section 28.26 are subject to the grievance procedure and, pursuant to Article 10, grievances may be filed by individual employees, groups of employees or the Union on behalf of a unit employee or group of unit employees. |
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At the option of APC, in the event that a grievance alleging a violation of this section is not settled at Level I, APC may submit solely the issue of whether a violation of this section occurred directly to arbitration no later than thirty (30) days after the Level I response. In considering whether this section has been violated, the arbitrator shall not be precluded from reviewing the contract as a whole. Such arbitration hearing shall be held on a mutually agreeable date within forty-five (45) days of the date of the arbitration submission. Any party, its witnesses or the arbitrator may elect to participate in such arbitration hearings via conference telephone call. Such arbitrations concerning this section shall be conducted without court reporter's transcripts or briefs. |
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Each individual's case will be decided on its own merits, and grievance/arbitration decisions concerning this section shall not operate as precedents for other cases. The arbitrator shall issue a written award but no opinion. With regard to provisions A, B and D above, the sole and exclusive remedy for the CSU's violation of the terms of these provisions shall be limited to a prospective cease and desist order. |
