ARTICLE 21
Work Schedules For Employees Who Do Not Work On A Rotational Shift Basis
SECTION 1. This Article applies to the scheduling of work for those employees in the bargaining unit who meet the definition of a fixed tour of duty as defined by regulation.
SECTION 2. Whenever the following terms are used in this Article they shall be defined as follows:
A. A "fixed tour of duty worker" is a bargaining unit employee whose daily tour of duty (hours of a day) and weekly tour of duty (the days of the administrative workweek) do not change from one administrative workweek to another.
B. The "administrative workweek" is a period of seven (7) consecutive calendar days Sunday through Saturday within which the basic workweek is included.
C. "Basic workweek" is the period of forty (40) hours in an Administrative Workweek comprised of five (5) eight (8) hour days.
D. "Irregular or occasional overtime" work means overtime work that is not part of an employee s regularly scheduled administrative workweek.
E. "Regular overtime work" means overtime work that is part of an employee's regularly scheduled administrative workweek.
F. "ALTERNATE WORK SCHEDULE" is a work schedule prepared pursuant to the terms of Federal Employee Flexible and Compressed Work Schedule Act of 1982, P.L. 97-221.
G. Core Period: That period during which full-time employees are scheduled to be on the job will consist of at least the hours from 9:30 a.m. to 3:30 p.m., except for an uncompensated meal break.
H. Flexitime Bands: Those periods during which full-time employees select-to start or end their workdays are 6:00 a.m. to 9:30 a.m. and 3:30 p.m. to 6:00 p.m.
Variations in the hours of the core period and Flexitime Bands may be based on the work requirements of management.
I. 5/4/9 Schedule. A schedule which gives the employees an opportunity to work a Compressed Work Schedule (CWS), i.e. within a pay period of 10 workdays, including 8 nine-hour days, 1 eight-hour day and 1 non-workday.
J. 4/10 Schedule: A schedule which gives the employees an opportunity to work a CWS, i.e. within a workweek of 5 workdays, including 4 ten-hour days and 1 non-workday.
SECTION 3. A fixed tour of duty worker shall be entitled to two consecutive days off in an administrative workweek unless an employee has been required to work an additional day on an overtime basis. However, single days off may be scheduled to facilitate a rotational crew cycle, if appropriate.
A fixed tour of duty worker may, with supervisory approval, work an 8-hour day without a meal break.
SECTION 4. Employees are not authorized to perform official duties outside of their established tour of duty without the specific approval of management.
SECTION 5. Scheduled overtime will be assigned in an equitable manner among qualified members of the bargaining unit in each smallest organizational segment of an office to the extent practicable over the course of a two year period. The use of compensatory time, if appropriate, will be considered the same as overtime for the purposes of determining equal distribution. Each party is responsible for maintaining their own records for this purpose.
SECTION 6. Management agrees to give employees as much notice as work requirements permit when unscheduled overtime is required. However, if the manager is unable to replace the employee, the employee cannot refuse the assignment. An employee who is called back to work on an overtime basis within his/her basic workweek, or on one of his/her scheduled non-work days, shall receive a minimum of two (2) hours of pay at the appropriate rate, even if he/she is not utilized for the full two (2) hours. An employee who is called back on an overtime basis more than once during the same 2 hour period shall be entitled to 2 hours of call back overtime for each time.
SECTION 7. Pursuant to the terms of the Federal Employees Flexible and Compressed Work Schedule Act of 1982, P.L. 97-221, the National Weather Service and the National Weather Service Employees Organization hereby agree to the establishment and implementation of a trial alternative work schedule program. The availability of alternative work schedules will be consistent with the work requirements of the Employer.
In consideration of a proposed AWS, management will meet its contractual obligations.
[The parties agree that the alternative work schedule may be terminated by Management at any time before the end of the trial period by giving NWSEO and the affected employees two weeks advance notice of such termination.
Comments from NWSEO and/or bargaining unit employees about program effectiveness will be encouraged. Every two months, the Local Office Team will meet to discuss the desirability of continuing the program and its impact on mission accomplishment. At the end of the six month period, the parties will meet to discuss whether the alternative schedule should continue. The final decision with respect to the effectiveness and desirability of the program and whether it will be continued or terminated rests solely with Management.] [These two paragraphs left in printed CBA by mistake after parties agreed to remove from the CBA.]
Employees may choose to participate in one of the following alternative work schedules:
A. Flexitime Schedules
1. Upon an employee's request, his/her supervisor will establish the employee's tour of duty. The starting time for the workday will be fixed on the half-hour. Each employee's schedule will provide for a workday which covers a continuous time span of 8 hours plus the normal uncompensated meal break of not less than 30 minutes. The workday will commence between 6:00 a.m. and 9:30 a.m. and end between 3:30 p.m. and 6:00 p.m.
2. An uncompensated meal period will be scheduled during the core period. The scheduled period will not be less than 30 minutes. The uncompensated meal period will not be scheduled during the first half hour (9:30 a.m. to 10:00 a.m.) or the last half hour (3:00 p.m. to 3:30 p.m.) of the core period.
a. FLEXITOUR SCHEDULES
Except when inconsistent with the work requirements of Management, an employee may be permitted to arrive at work one-half hour before their fixed starting time and extending one-half hour after their fixed starting time. During this one-half hour period, the starting time would be the next five minute interval. The employee's ending time will be adjusted accordingly.
b. GLIDING SCHEDULES
With gliding schedules, employees determine the starting and ending time to their 8 ½ hour daily tour of duty each day without prior approval or consultation with the supervisor. Because of the requirements of many positions, NWS employees wishing to use this option must obtain the agreement of their supervisor to work a gliding flexitime schedule.
3. Management may require an employee to adjust his/her work schedule temporarily to accommodate changes in work requirements or for training assignments. The affected employee and the union will be given as much advance notice as practical.
B. Compressed Work Schedules (5/4/9 and 4/10 Schedules)
1. The Employer will declare the tours of duty available in each unit, i.e., what specific days must be worked each pay period. Under the 5/4/9 and 4/10 schedules, the workday will begin no earlier than 6:00 a.m. and shall end no later than 6:00 p.m. Upon an employee's written request, his/her supervisor will determine the employee's starting time based on work requirements.
2. Employees who are on a 5/4/9 or 4/10 schedule are on a fixed schedule. Employees may not flex their starting times or lunch periods.
3. Management will establish the number of employees on the 5/4/9 or 4/10 plan who may have the same non-workday based on work requirements.
4. In any organizational segment where there are less than four employees, each employee under a 5/4/9 or 4/10 plan must have a different day off in a pay period.
5. For an employee under a 5/4/9 schedule, an employee's eight hour day will be the last Friday in a pay period unless such day is the employee's non-workday. In such cases the employee's eight hour day will be the first Friday of the pay period.
6. If a holiday falls on Friday, employees whose day off is Friday will be off on Thursday. If a holiday falls on Monday, those employees whose day off falls on Monday will be off on Tuesday. If an employee’s regularly scheduled day off and a holiday both fall on a Tuesday, Wednesday or Thursday, Management will designate an "in lieu of" day.
7. An uncompensated meal break will be scheduled at approximately the mid-point of the employee's tour of duty. The scheduled meal period will not be less than 30 minutes. The uncompensated meal period will not be scheduled before 11:00 a.m. or after 2:00 p.m.
8. Management may require an employee to adjust his/her schedule temporarily to accommodate changes in work requirements or for training assignments. The affected employee and the Union shall be given as much advance notice as practical.
9. Employees within the same office/unit utilizing the 5/4/9 or 4/10 CWS option may exchange days off only with supervisory approval.
10. When an employee is absent for an entire workday, the employee will be charged with the number of hours of appropriate leave corresponding to the number of hours regularly scheduled for that day.
11. Employees may be restricted from participating in CWS in the event of the employee's misconduct or below fully successful performance. In addition, an employee who repeatedly fails to observe the requirements of the CWS may be excluded from further participation in the CWS.
12. Management may temporarily suspend all CWS rights when emergency conditions exist. The Union and the affected employees will be given as much notice as practical.
13. Sign in/out sheets will be used to record employees hours of work.
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