Now that the winter weather is finally upon us, we want to remind members how to conduct themselves in accordance with the contract.
Lateness Due to Inclement Weather
Drive safely and know that Article 16 Section 6 of the A&R contract incorporates lateness due to inclement weather. When there is inclement weather, hazardous driving conditions or a mass transportation failure, then tardiness for up to 1 hour is not to be charged to an employee. There is then discretion given for an additional 1-1/2 hours (for a total of 2-1/2 hours) based on the severity of the conditions. New language to our contract states that If the additional 1-1/2 hours are not granted or you exceed the 2-1/2 grace period then you may opt to either make up the excess time during the payperiod or charge it to your accrued leave.
Shift Cancellations
- If you have scheduled PL, VAC or sick leave during the time of a shift cancellation, you are no longer required to burn the PL, VAC or sick leave if your shift (or any portion thereof) is canceled.
- Accruals will still be charged if you had leave scheduled for the entire week.
- Essential employees - If you are required to work during a shift cancellation (full or partial), in addition to your regular pay, you receive comp time for the hours worked.
- If the Governor delays the start of the day during inclement weather until 11:00 am or later, then everyone is expected to report to work at 11:00 (or later as declared). However, if the Governor does not delay the start time until 11:00, then the normal one hour grace period described in Article 16 Section six applies, along with the additional one and half hours grace period, based on severity of conditions and in comparison to others similarly situated.
In any instance, any excess delay in arrival can be made up during the pay period or covered with vacation/pl time.
ACTUAL CONTRACT PROVISIONS
Article 16 Section Six
When the employee is late for work due to inclement weather, hazardous driving conditions, or mass transportation failures, the employee shall not be charged for such lateness provided that he/she arrives at work within an hour of the start of the shift. In exceptional circumstances, up to 2-1/2 hours may be excused without charge to the employee's leave balances if the severity of conditions so warrants. In assessing whether or not to excuse lateness in excess of an hour, consideration will be given to the time the employee arrives at work when compared to other employees traveling to work under similar circumstances. Failure to excuse lateness of up to 2-1/2 hours shall be subject to the grievance and arbitration provisions of this Agreement. In any arbitration of a dispute under this Section, unless the Employer can be shown to have acted arbitrarily and capriciously, the arbitrator shall give substantial weight to the judgment of the Employer. In those cases in which either the additional 1-1/2 hours are not credited to the employee, or the lateness exceeds 2-1/2 hours, said employee may opt to either make up said time or charge said excess time to accrued leave.
Article 18 Section 3(b)
When a shift off (or any portion thereof) is granted by the act of the Governor (or his/her designee) an employee scheduled to charge vacation accruals or personal leave on that shift shall not be charged. However, this provision shall not apply in the event the employee had leave scheduled the entire work week (e.g.: Monday - Friday)
Article 19 Section 5
Employees scheduled to be out sick shall not be charged a sick day if the state is closed by act of the Governor (or his/her designee). During the employees work shift (or any portion thereof) however, this provision shall not apply in the event the employee had leave scheduled for the entire workweek (e.g.: Monday-Friday).
Article 16 Section 6 (last paragraph)
In the instance of a Governor (designee) delayed opening of 11:00AM or later, article 16 section 6 of the A&R contract shall not apply and employees shall be expected to arrive at the Governor (designee) declared start time. In instances where an employee arrives after the Governor (designee) declared start time, said employee may opt to either make up the extended delay or charge said excess time to accrued leave. In all other regards, including delayed openings prior to 11:00 AM, Article 16 section 6 and MOU VIII language shall control.
ESSENTIAL EMPLOYEES
Article 16 Section 7
(a) When an employee is required to physically report to work despite the Governor (designee) ordering a closing of some or all of that employee's normal shift, the following shall apply: In addition to any overtime involving the shift, the employee shall receive straight compensatory time, in addition to the employees' regular pay, for the hours worked during the employee's normal shift when the State has been ordered closed.
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