SECTION 1. Applicability
This Article governs the scheduling of work for those employees in the bargaining unit who meet the definition of "rotating shift worker" as that term is defined in Section 2 of this Article. Any provision of any other Article in this Agreement which affects either directly or indirectly the work schedules of rotating shift workers shall be interpreted and applied in a manner that is both consistent with and subject to the provisions of this Article. This Article has no application to anyone who does not meet the definition of rotating shift worker even if for administrative reasons such persons are included in or indicated on schedules which are governed by this Article. This article applies to rotating shift employees who work either a conventional 8 hours per day, 5 days a week work schedule, or a compressed work schedule (CWS) as indicated in Section 12.
SECTION 2. Definitions
Whenever the following words or phrases are used in this Article they shall be defined as follows:
A. Rotating shift worker: A rotating shift worker is a bargaining unit employee whose assigned shift or days off normally change from one administrative workweek to the next; and who is assigned to an office/unit which normally operates more than 5 days per week or 12 or more hours per day.
B. Administrative Workweek: The administrative workweek is the period of 7 consecutive calendar days from Sunday through Saturday.
C. Basic Workweek: A basic workweek is the period of 40 hours in an administrative work week established as the tour of duty, for a rotating shift worker during that week. For employees on a Compressed Work Schedule (CWS), the basic workweek is the actual hours that are scheduled in the administrative workweek. CWS's must meet the regulatory requirement for 80 hours of work scheduled in a pay period in less than 10 workdays. Individual CWS workweeks may be greater or less than 40 hours to facilitate the compression of the schedule into less than 10 workdays.
D. Office/Unit: An office/unit is an identifiable group of rotating shift workers who normally perform the same basic functions at a particular worksite and who are normally scheduled in conjunction with one another.
E. Fixed Schedule: A workweek schedule, as described in this Article, is fixed when the tour of duty specified thereon for a rotating shift worker becomes that employee's "regularly scheduled administrative workweek" for the purposes of Parts 550 and 610 of Title 5 of the Code of Federal Regulations.
F. Shift: A shift is a tour of duty on a particular day. Normally, a shift assigned to a rotating shift worker consists of a minimum of 8 consecutive hours.
G. Scheduler: A scheduler is the supervisor or his authorized designee who prepares for an office/unit the work schedules described in this Article.
H. Night work: Night work is that work performed by a rotating shift worker between 6 p.m. and 6 a.m. which entitles him/her to Night Pay under Part 550 of Title 5 of the Code of Federal Regulations.
I. Rotational Cycle: The master cycle of days off and number of days on duty within an administrative workweek and the sequence of shifts for bargaining unit employees in an office/unit.
J. Leave Planning Schedule: A six month depiction of the rotational cycle used to assist employees in scheduling their leave.
K. Scheduled Overtime: Authorized work, in addition to the Basic Work Week, which is part of the fixed schedule.
L. Un-Scheduled Overtime: Authorized work, in addition to the Basic Work Week, which is not part of the fixed schedule.
SECTION 3. Scheduling Principles
The following are guiding principles for work scheduling to be used by NWS managers and supervisors. It is understood by the parties that these are principles which only apply to the actual scheduling of work by Management, and they do not apply in any swaps between employees.
A. General Principles [NWSEO advice on process prepared by General Counsel]
1. Proposals on changing the rotational cycle will be considered by the Local Office Team (LOT) according to Article 8. Any rotational cycle must take into consideration that employees must have sufficient time off between shifts in order to be alert and maintain the professional standards that both parties agree are necessary to the fulfillment of the Agency's mission.
2. A rotational cycle may contain single days off, or more than 2 consecutive days off, as approved by the LOT.
3. Scheduled overtime will be assigned in an equitable manner among qualified members of the bargaining unit at each office/unit to the extent practicable over the course of a two-year period. The use of compensatory time will be considered the same as overtime for the purposes of determining equal distribution. Management will keep a copy of all fixed schedules for a period of two years, and shall make them available to the local steward, or vice steward, upon request.
4. The occurrence of Holidays may not affect the designation of an employee's basic workweek. However, an employee may be placed on holiday leave provided that no other bargaining unit employee's schedule or rotational cycle is changed to cover for the leave.
B. Supernumerary Shift
1. A Supernumerary Shift is an entire shift, without a compensable meal break, assigned to a rotating shift worker which is in excess of the basic operational requirements of the office/unit as determined by Management.
2. A Supernumerary Shift will be assigned a fixed tour of duty between 6:00 a.m. and 6:00 p.m., Monday through Saturday, excluding holidays.
3. With supervisory approval, an employee on a Supernumerary Shift may be granted up to a 60 minute uncompensated meal break. The employee must remain on duty past the fixed shift ending time for a period equal to the approved meal break.
4. The starting time of a Supernumerary Shift may be changed up to two hours +/- from its fixed time to accommodate either Management's need to fill a shift, or an employee's personal needs. The request for a time change must be approved by at least 11:00 p.m. of the evening before the scheduled supernumerary shift.
SECTION 4. Work Planning
Within 30 calendar days of the effective date of this agreement, management will prepare a 12 month leave planning schedule which will be updated as follows:
By March 15 of each year, management shall prepare a 6 month leave planning schedule for the following September through March time period. By September 15 of each year, management shall prepare a 6 month leave planning schedule for the following March through September time period.
This plan will ordinarily include each rotating shift worker, then in the office/unit, and the originally anticipated scheduling of those employees over the course of the plan. The rotating shift workers will cycle in a reasonably equitable manner through the different tours of duty to which Management originally anticipates assigning those employees. Management may change the leave planning schedule as rotating shift workers join or leave the office/unit, as leave is approved, as training or focal point duties are assigned, to reduce costs, or to accomplish the mission. Management will revise the plan based on the most efficient, cost effective accomplishment of the agency’s mission. The information contained in the plan shall be posted for the use of bargaining unit employees.
SECTION 5. Work Schedules
When the time comes to prepare the Work Schedule, the scheduler will begin by referring to the appropriate portion of the Leave Planning Schedule. The scheduler will prepare the Work Schedule of the rotating shift workers, using the Leave Planning Schedule as a guide, so as to accomplish the mission of the agency in the most efficient, cost effective manner. Management will make a good faith effort to retain the rotational cycle, including indicated days off.
SECTION 6. Fixing the Work Schedule
A. The scheduler will post the work schedule for the upcoming pay period during the first week of the current pay period. The posted work schedule will be fixed at 1:00 p.m. on the first Saturday of the current pay period, but is subject to change in accordance with the provisions of 5 U.S.C. 6101(a)(3).
B. Until "fixed", whether posted or not, administrative workweek schedules are subject to revision. Thereafter, changes in a fixed workweek schedule are subject to the provisions of Sections 7 and 8 of this Article. This section does not preclude the continuation of any current schedule which does not violate this Article, the provisions of this agreement, or any statute, rule or regulation.
To ensure that personal difficulties are minimized, the supervisor will discuss changes to the fixed schedule with the affected employee. It is not a violation of the Federal Service Labor-Management Relations Statute or this Agreement if the supervisor notifies only the affected employee and not the Union steward of such a change to the affected schedule.
SECTION 7. Entitlements to Overtime Compensation for Changes or Revisions To a Fixed Schedule
Except as provided in Section 8 of this Article, once a rotating shift worker's schedule is fixed, he/she is entitled to overtime compensation which is otherwise in accordance with applicable law and regulation when:
A. The rotating shift worker is directed by an authorized official to work on days and/or hours that are in addition to those indicated as that employee's basic workweek on the employee's fixed schedule; or
B. Call Back Overtime - 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 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 pay for each time.
C. An employee called to work authorized overtime from a remote location will be compensated a minimum of 15 minutes of overtime. The employee must actually work a minimum of 8 minutes to be eligible for each 15 minute block of overtime pay.
D. In those work situations where Management requires a pre- and/or post shift briefing, the employee will be compensated a minimum of 15 minutes of overtime. The employee’s time spent in the briefing(s) must be at least 10 minutes to be eligible for each 15 minute block of overtime pay.
E. When changing to daylight savings time, employees shall be scheduled to work at least 8 hours. Annual or compensatory leave may be requested by those employees who wish to leave one hour early. When changing to standard time, employees will be afforded compensatory time or overtime as appropriate.
SECTION 8. Changes or Revisions To a Fixed Schedule That Do Not Create Overtime Entitlements
The following circumstances are not considered a change to the fixed schedule for the purposes of this article. There is no entitlement to overtime compensation under any of the following circumstances:
A. When the rotating shift worker is assigned to a supernumerary shift, the employee may be reassigned to an operational shift during similar hours without a lunch break (see Section 3.B.3).
B. When the rotating shift workers have been given permission to swap shifts in accordance with Section 9 of this Article, the employees schedules will be changed to reflect the exchange.
C. When the rotating shift worker is scheduled to report for duty, and all or any portion of that time is charged to an appropriate leave category (including AWOL).
D. When the rotating shift worker is scheduled to be on approved leave and the employee's leave is canceled, in accordance with this Agreement and applicable law and regulation, the supervisor may order the employee to report for duty.
E. When a fixed schedule, in addition to indicating hours of duty, also indicates a particular work assignment for any rotating shift worker, that work assignment may be changed by an authorized official.
F. When a fixed schedule assigns scheduled overtime to any rotating shift worker, the supervisor may direct the employee not to perform the overtime assignment in whole or in part.
SECTION 9. FILLING OF VACANT SHIFTS
A. When Management determines that a vacant operational shift is to be filled, the following priority is to be used:
1. An employee on a Supernumerary Shift. The starting time may only be changed up to two hours without overtime compensation, as per Section 3.B.3.
2. A Bargaining Unit employee on overtime on a voluntary basis.
3. A non-Bargaining Unit employee, if available.
4. A Bargaining Unit employee on overtime on an involuntary basis.
B. Management agrees to give employees as much notice as possible when unscheduled overtime is required. The employee may be excused from an overtime assignment if another qualified employee is available and willing to work the overtime. However, if the manager has no alternative but to require the employee to work the overtime, the employee cannot refuse the assignment.
SECTION 10. Swaps
A. As soon as possible after they have determined that they would like to exchange any shifts and/or weekly tours of duty that are then indicated on any schedule then fixed under the provisions of this article, rotating shift workers shall request permission to swap from the appropriate supervisor. If the supervisor grants permission to swap, the appropriate schedule will be revised to reflect the exchange.
B. The supervisor retains the discretion to approve or disapprove a requested swap. While supervisors are encouraged to approve requests to swap where the resulting schedules of the relevant rotating shift workers would be consistent with applicable law and regulation, requests to swap may be denied if the supervisor determines:
1. the swap would result in additional cost to the agency other than that attributable to the marginal increase in premium pay that may occur when employees of different grades or steps swap shifts; or
2. the efficiency of operation of the office/unit would be better served if the employees remain as originally scheduled; or
3. at least one employee's operational proficiency would be better served if the employees remain as originally scheduled.
C. Shift swaps between employees on a CWS and those working standard schedules may be approved only if the following conditions are met:
1. There is no additional cost to the agency other than that attributable to the marginal increase in premium pay that may occur when employees of different grades or steps swap shifts.
2. Each employee's hours of work remain consistent with his/her assigned fixed schedule. For example, employee A is on an 8 hour shift schedule rotation and wishes to swap with employee B who is on a 10 hour shift schedule, employee A's new shift may not exceed 8 hours, and employee B's new shift must be at least 10 hours.
3. If Management determines because of office/unit work requirements, that all hours of the originally scheduled shift are required, no swap with an employee scheduled for fewer hours may be allowed.
SECTION 11. Bargaining Unit Employee As Scheduler
A. When authorized by the appropriate supervisor, a bargaining unit employee may function as a scheduler for the purposes of this Article. The fact that such employee prepares work schedules for other employees shall not, by itself, affect that employee's status as a member of the bargaining unit.
B. Whenever a scheduler is a bargaining unit employee, that scheduler will present whatever schedule he/she has prepared to the appropriate supervisor prior to the posting of such schedule. The supervisor retains and exercises the authority to approve or disapprove the schedule or to make any changes which are in accordance with this Agreement. Management is responsible for any schedule prepared by a scheduler who is a bargaining unit employee.
SECTION 12. Compressed Work Schedules (CWS)
A. Changes to the CWSs currently in use at any field office may only be changed through use of the provisions of Article 8 of this Agreement.
B. Subject to the provisions of applicable law and regulations, and DAO 202-610*, and in recognition of the need to increase the awareness of family needs and to encourage increased diversity, Management and the NWSEO agree to establish and implement trial CWSs at WFOs, RFCs, CWSUs, and other operational elements with rotational shift operations. All CWSs established through this Article are subject to review and approval of the Assistant Administrator for Weather Services or his/her designee.
C. CWSs for rotating shift workers allowed in field offices under this agreement must be consistent with the work requirements of the NWS. Proposed CWS's will be considered by the LOT in accordance with Article 8.
D. Any approved, and successfully tested Compressed Work Schedule may be used at other offices with the same staffing profile. For example, a 5 person Senior Forecaster CWS may be adopted for use at other offices with a 5 person Senior Forecaster staff.
E. Neither party is agreeing to waive their rights under the Federal Employees Flexible and Compressed Work Schedules Act of 1982.
SECTION 13. Incident Meteorologists (IMET)
A. When assigned to a fire, the IMET shall be taken out of the home office's fixed schedule and a new schedule shall be arranged with the fire supervisor. The home offices schedule shall be used for determining IMET's time and attendance accounting codes, base hours and premium hours. Once an IMET is detailed to a fire, they will receive all the premium pay that is entitled to them by their shift rotational cycle. This includes any changes made to the fixed schedule that may be required to re-insert the IMET back into their normal rotation.
B. Overtime is determined by the number of hours the IMET worked that are in addition to the number of hours the IMET would have normally worked as part of the IMETs regular rotational cycle. The fire support workday begins as soon as the IMET is notified of the dispatch, released from duty at the home office and begins travel preparations. An IMET can only receive overtime along with night and Sunday differential for hours worked on a fire for the same hours the IMET would have been working scheduled overtime with premium pay on the home office's fixed schedule.
C. When an IMET is released from a fire, he/she shall notify the MIC or his/her designee as soon as practical. The IMET shall also notify the NIFC Staff Meteorologist of their release and travel plans as soon as practical. Upon return to their home office, the IMET should be granted a reasonable amount of rest time subject to operational and workplace needs. Generally this will be the same amount of time that the IMET would have had off between shifts if he was working his regular rotation (approximately 16 hours of non-paid time off). Upon the IMETs return, the MIC and IMET must work together on a work plan which balances the needs of the WFO and the requirements for the IMETs post fire duties.
D. Travel to and from wildfires are considered hours of work, and therefore, compensable with regard to overtime and premium pay in accordance with the DOC Premium Pay Manual.
* DAO-610 was revoked May 1996, Hours of Duty and AWS are referred to in 5 CFR 610 from the DOC Handbook on Hours of Duty and Leave Administration.
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