19.15.17 Overtime Mandatory Scheduling (Excluding CDCR) (Unit 17)

1. The Departments recognize and understand the importance of reducing overtime to Unit 17 employees. To this end, the Departments will make every effort to schedule staff in a manner that will reduce the need for mandatory overtime. Both parties agree that mandatory overtime is an undesirable method of providing staff coverage.
2. A current mandatory overtime list shall either be emailed or posted on a bulletin board and/or placed in a location accessible by all Unit 17 staff. The list shall include all staff and date of last mandate. The list shall be updated daily.
3. There shall be no mandatory overtime on an employee’s RDO (an employee’s RDO begins at the end of the employee’s last scheduled shift in the workweek) or pre-approved day off, except:
1. In an emergency situation such as a natural disaster; or
2. During a state of emergency declared by the State or Federal authorities; or
3. During an emergency situation declared by a Superintendent, Executive Director or designee; or
4. During a severe internal emergency (e.g., an incident which necessitates assistance from an outside agency or a health care crisis); or
5. When the employee’s shift relief does not report for work or gave less than two (2) hours’ notice of intent not to report for work, an employee may be mandated if no volunteer is available.
4. Except in cases of emergency or planned program activity employees shall not be required to work:
1. More than two (2) mandatory overtime shifts per month and implement reductions in accordance with section 19.38 and the Joint Labor Management Task Force; or
2. In excess of sixteen (16) hours continuously in a forty-eight (48) hour period; or
3. In excess of two (2) mandatory overtime shifts in an employee’s scheduled work week; or
4. When an employee is required to work twelve (12) to sixteen (16) hours that employee shall not be mandated to work overtime the next calendar day.
5. It is not the intent to mandate employees to work overtime in classifications other than the employee’s own. Consistent with the expressed intent, an employee may only be mandated to work in another classification when all other appropriate and possible staffing efforts have been exhausted and

it is operationally necessary. This expressed intent, however, does not preclude employees from volunteering to work overtime in classifications other than the employee’s own.

6. Before an employee is required to work mandatory overtime, every reasonable effort will be made to find an acceptable volunteer within the program where the employee works.
7. Upon request of an employee who has been on duty continuously for fifteen (15) or more hours, employer shall have the option to:
1. Allow the employee to take the next shift off on vacation, CTO, or Holiday credit as staffing permits.
2. Adjust the employee’s shift starting time to provide a ten (10) hour break between shifts.
3. Allow the employee to take two (2) hours off without pay at the start of the next shift to provide a ten (10) hour break.

Management will take into account the employee’s preference.

8. Employees shall not be made to work mandatory overtime on the same holidays in two (2) consecutive years. Holidays are defined as those listed in section 7.1.
9. For the purpose of mandatory overtime rotation, employees who are charged FMLA leave shall be considered to have met the employee’s overtime obligation in accordance with section C 1 above.
10. The department will endeavor to provide employees notice of at least ninety (90) minutes in advance notice of possible or actual mandatory overtime assignments.
11. While on vacation, pre-approved absence, or on full work day absence due to sick leave*, Union leave or State release time, or any other authorized absence from the facility, employees will not be considered for mandatory overtime.

*This includes instances where an employee was unable to complete the employee’s regular shift due to illness and had to be released from duty to go home.