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COLLECTIVE BARGAINING PROVISIONS
Hours of Work
Overtime Pay
Shift Operations

Bulletin No. 908-18

UNITED STATES DEPARTMENT OF LABOR
Maurice J. Tobin, Secretary
BUREAU OF LABO R STA T IST IC S
Ewan Clague, Commissioner

For sale by the Superintendent o f Documents, U. S. Government Printing Office
Washington 25, D . C. - Price 30 cents







Letter o f Transmittal
U nited States D epartment of L abor,
B ureau of L abor Statistics ,

.

Washington, D C., February 10,1950.

The Secretary of L abor :
I have the honor to transmit herewith the eighteenth bulletin in the series on
collective bargaining provisions. The bulletin consists o f three chapters:
(1) Hours o f Work, (2) Overtime Pay, and (3) Shift Operations, and is based
on an examination o f collective bargaining agreements on file in the Bureau.
This bulletin was prepared in the Bureau’s Division of Industrial Relations, by
and under the direction of Abraham Weiss, and by James C. Nix, and Clara T.
Sorenson.
E w an Clague, Commissioner
Hon. M aurice J. T obin ,




Secretary of Labor

.

iii

.




Preface
A s early as 1902 the Bureau of Labor Statistics, then the Bureau o f
Labor in the Department of the Interior, recognized the growing
importance o f collective bargaining, and published verbatim the
bituminous-coal-mining agreement o f 1902 between the Association
o f Coal Mine Operators of Pennsylvania, Ohio, Indiana, and Illinois,
and the respective districts of the United Mine Workers of America.
Since 1912 the Bureau has made a systematic effort to collect agree­
ments between labor and management in the leading industries, and
has from time to time published some of those agreements in fu ll or
in summary form in the M onthly Labor Review.
The first bulletin entirely devoted to collective-bargaining agree­
ments was published in 1925 under the title “ Trade Agreements
in 1923 and 1924.” Sim ilar annual bulletins were published in 1926,
1927, and 1928. These bulletins analyzed only outstanding agree­
ments affecting certain industries and certain skilled crafts in which
collective bargaining has followed a more or less established pattern.
No bulletins in this field were published by the Bureau between 1928
and 1942— a period during which collective bargaining first lost
ground in the depression and then made rapid strides following the
enactment of the National Labor Relations A ct in 1935. The growth
in trade-union membership from fewer than 4,000,000 workers in 1935
to more than 10,000,000 in 1942 not only resulted in a large increase in
the number of collective agreements covering industries hitherto not
included under collective bargaining, but also extended the scope and
area o f bargaining in individual industries. In recognition of this
development, the Bureau’s 1942 report on union agreements (Bulletin
No. 686) dealt with provisions and clauses on particular labormanagement problems rather than with the agreements of each union
or industry separately.
The substance and character of collective-bargaining agreements
change continuously, and many of the clauses and provisions covered
in Bulletin No. 686 underwent significant changes during the war
emergency, as a result not only of the normal processes of collective
bargaining, but o f the decisions of the National W ar Labor Board.
New problems meant new clauses and new provisions. The Board also
gave added impetus to certain forms of union security, and to certain
practices now deeply imbedded in the entire field of labor-management *
relations.




v

PREFACE

VI

The liquidation o f the Board, and the renewal of emphasis on free
collective bargaining after V J-day, led to a tremendous increase in
the demand for information on specific current provisions in agree­
ments. Urgent requests came from employers and unions, from the
United States Conciliation Service, and from mediators and arbitra­
tors engaged in settling or preventing labor-management disputes.
It was largely in response to these requests that the Bureau of Labor
Statistics undertook to revise and bring up to date the material on
union agreements.
In this revision two significant departures have been m ade: (1)
Accumulation of data has made possible the use of a larger sample
than was possible heretofore; (2) the information will be presented
in a series of small bulletins, each stressing a major area or significant
problem o f collective bargaining. This will permit the material for
each major problem to be published as rapidly as finished without
waiting until all of the subjects of collective bargaining are analyzed.
It w ill have the advantage of greater flexibility in handling specific
requests for material from employers, unions, and the public. Some
clauses are more or less stable and undergo relatively minor changes
even over a considerable period of time and therefore need only occa­
sional revision, whereas others undergo rather rapid change. A lso,
as new issues develop it will be possible to add new bulletins to the
series without revising those already published.
The clauses used are designed to facilitate, but not to condition, the
bargaining process. No special attempt has been made to determine
the prevailing industry practice or the most frequently used pro­
visions. The clauses are presented, not as models but as a source of
reference for those who participate in collective-bargaining negotia­
tions, by making available to them a wide variety of provisions on the
specific subjects under consideration. A n index of all the contract
clauses quoted, with a brief description of each clause, is appended
to each report.
This report dealing with hours o f work, overtime pay, and shift
operations, is the eighteenth in this Collective Bargaining Provisions
series. The bulletins already published are as follow s:
No. 908
No. 908-2
No. 908-3
No. 908-4
No. 908-5
No. 908-6
No. 908-7

Union Security Provisions.
Vacations; H olidays and W eek-End W ork.
Incentive W age Provisions; Time Studies and Stand­
ards of Production.
Apprentices and Learners.
Discharge, Discipline, and Q uits; Dismissal Pay Pro­
visions.
Leave of Absence; M ilitary Service Leave.
Promotion, Transfer, and Assignm ent; L ay-O ff, W orkSharing, and Keemployment.




PREFACE

No. 908-8
No. 908-9
No. 908-10
No. 908-11
No. 908-12
No.
No.
No.
No.
No.

908-13
908-14
908-15
908-16
908-17




VII

General W age Provisions.
W age Adjustment Plans.
Union-Management Cooperation, Plant Efficiency, and
Technological Change.
Seniority.
Union and Management Functions, Rights, and Respon­
sibilities.
Strikes and Lock-Outs; Contract Enforcement.
Safety, Health, and Sanitation.
Guaranteed Employment and W age Plans.
Grievance and Arbitration Provisions.
Health, Insurance, and Pensions.




Contents
Chapter 1.— H ours

of

W ork

Introduction___________________________________________________________
Length of regular workday and workweek: Clauses 1-14________________
Changes in workday and workweek: Clauses 15-27_________________
Exceptions to regular schedules: Clauses 28-35_________________________
Scheduling of working hours: Clauses 36-63____________________________
Equitable distribution of work: Clauses 64-67______________________
Rest periods: Clauses 68-94____________________________________________
Meal periods and allowances: Clauses 95-108__________________ ________
Scheduling of lunch period: Clauses 109-114_______________________
Meal allowance or meal furnished by employer: Clauses 115-122____
Traveltime: Clauses 123-135___________________________________________
Preparatory activities related to the job: Clauses 136-147_______________
Time allowance for washing up, changing clothes, and making reports:
Clauses 148-160_____________________________________________________
Meetings called by employer: Clauses 161-165__________________________
Completion of service to customers: Clauses 166-169___________________
Make-up of lost time: Clauses 170-177_________________________________
Tardiness: Clauses 178-188-------------------------------------------------------------------

Page
1
2
4
6
8
12
13
17
20
21
22
25
27
30
31
31
33

Chapter 2.— Overtime P ay
Introduction________________________..__________________________________
When overtime rate is payable: Clauses 1-28___________________________
Overtime payments to special groups of employees: Clauses 29-37___
Computation of hours used as basis for overtime: Clauses 38-48_________
Regular rate upon which overtime pay is computed: Clauses 49-68______
Pyramiding of overtime: Clauses 69-75_________________________________
Graduated rates for excessive overtime work: Clauses 76-82____________
Seasonal exemptions: Clauses 83-88____________________________________
Time off in lieu of overtime payment: Clauses 89-95____________________
Lay-off to offset overtime payments: Clauses 96-102____________________
Allocation of overtime work: Clauses 103-131___________________________
Restrictions on overtime work: Clauses 132-171________________________

35
37
43
44
46
50
53
54
56
57
58
64

Chapter 3.— Shift Operations
Introduction___________________________________________________________
Limitations on multiple shifts: Clauses 1-11____________________________
Shift differentials_______________________________________________________
Applicability of shift premium: Clauses 12-26_____________________
Type of shift premium: Clauses 27-48______________________________
Shift differential for overtime hours:Clauses 49-53__________________
Shift schedules and assignments: Clauses 54-93__________ ; _____________
_
Changes in shift assignment: Clauses 94-107_______________________
Shift relief: Clauses 108-113___________________________________________
Split shifts: Clauses 114-127___________________________________________
Index___________




ix

71
72
73
74
76
80
80
86
88
89
91




B ulletin 7^o. 908-18 o f the
U nited States B ureau o f Labor Statistics

Collective Bargaining Provisions
Chapter 1.— Hours of Work
Introduction
The length of the workday and workweek in American industry
has been decreasing for more than a century as a result o f pressure
to spread employment, give workers more leisure time, protect the
health o f the workers, and lengthen their working life. Technologi­
cal advancement and increased productivity have also been signifi­
cant factors in this development.
A “sun-up to sun-down” workday was prevalent in the early 1800’s,
and even at the close of the Civil W ar a 12-hour workday was still
widespread. The 10-hour workday was not the general practice until
about the end of the 1880’s. B y the end of the First W orld W ar, or
shortly thereafter, the 8-hour workday had become established in
most industries. A t present, the 8-hour day, 5-day, 40-hour week
have been established as the normal worktime schedule. The Fair
Labor Standards A ct requires employers to pay a rate of time and a
half for hours in excess of 40 a week to all of their employees who are
engaged in interstate commerce or in the production of goods for inter­
state commerce, except certain employees who are specifically exempt.
The Public Contracts A ct requires the payment of time and a half
for hours in excess of 8 a day or 40 a week on work done under con­
tracts for the manufacture or furnishing of materials, supplies, articles,
or equipment in any amount exceeding $10,000 for the Federal Gov­
ernment. In a few industries, such as men’s and women’s clothing
and newspaper and commercial printing, a shorter workweek is preva­
lent. A longer workweek is frequently found in retail trade and in
a few other industries not covered by the Fair Labor Standards Act.

Under collective agreements, provision is often made for amending
the contracts in event of changes in legislation affecting the hours of
work. Variations in the standard hours of work due to seasonal con­
ditions are allowed in some industries, and a few agreements have
special provisions governing the hours of work of women and minors.
Closely associated with the standard workday and workweek is the
scheduling of the daily and weekly hours of work. Some agreements




1

2

COLLECTIVE BARGAINING PROVISIONS

give management the sole right to schedule hours of work, but others
require that the union be consulted.
Some agreements specify that traveltime and time spent in cer­
tain preparatory activities related to the job are to be considered as
working time. Many agreements have provisions concerning other
matters related to hours of work, such as rest periods, meal and washup time, preparing reports, tardiness, time spent in meetings called
by the employer, and in completing service to customers after quitting
time.
A n equitable distribution of available work among all the employees
is sometimes required. A few agreements allow employees to make
up time for which they were scheduled but did not work.
Length of Regular Workday and Workweek
Insofar as agreements deal with hours o f work, their main func­
tion is to define the number of hours constituting the normal work­
day, workshift, or workweek. Such definitions serve a twofold
purpose: They prescribe the daily and weekly hours during which
work is to be performed, and they provide a basis for calculating over­
time.
Regularly scheduled hours of work are fairly well standardized at
8 a day and 40 a week. These scheduled hours are not a guar­
antee of actual work hours; they are standards which delimit and
define the regular schedule of work during which regular or straighttime rates of pay prevail.1 Nor, in general, do these scheduled hours
constitute a rigid maximum of daily or weekly hours of work. W ork
in excess o f this standard, however, is normally compensated at a
premium or overtime rate for the extra hours.
The “ day” and “week” in most agreements are the calendar day
and week. Sometimes, they are defined as any 24-hour period and
any seven consecutive days. In the transportation industries, es­
pecially train, street railway, and bus service, the workday is, in large
measure, contingent upon the nature of the “ run.” In train service,
wages are computed on a dual basis of hours o f work and mileage.
The hours clause usually lists the number of hours to be worked
per day, the number of days to be worked per week, and the total
number of hours that constitute a week’s work. Relatively few agree­
ments provide for a standard workweek o f less than 40 hours, and in
some of these, the overtime rate is not applicable until after comple­
tion of 40 hours.
The workday and/or workweek of certain classifications o f em­
ployees, such as maintenance workers, is sometimes longer than that1
1For clauses relating to a guaranteed minimum workweek, see Bulletin No. 908-15,
Guaranteed Employment and Wage Plans.




HOURS OF WORK

3

o f other employees in the plant. Occasionally these special groups
may have the same workweek as other workers, but they may have to
work longer daily hours than regular production workers, without
being paid the overtime rate.
Some agreements allow the union to inspect the employer’s records
for the purpose of determining whether he is complying with the hours
provisions of the agreement.
1. Eight-Hour Workday, 40-Hour Workweek
Eight (8) hours shall constitute a standard workday, and forty (40) hours
shall constitute a standard workweek.
2. Workweek of 40 Hours so Long as Present Provisions of Fair Labor Standards
Act Are Effective
Regularly scheduled hours of employment shall not exceed eight (8) in any
1 day, or, so long as present provisions o f the Fair Labor Standards Act o f 1938
shall prevail, forty (40) in any 1 week.
3. Six-Day Workweek of 48 Hours
Forty-eight hours shall constitute a week’s work.
to work more than 6 days in any calendar week.

No employee shall be obliged

4. Seven-Hour Workday, 85-Hour Workweek
A week’s work shall consist of 35 hours in the first 5 days of the week from
Monday to Friday. Work shall begin at 8 a. m. and end at 4 p. m., with an
hour interval for lunch.
5. Workday of 7% Hours; Workweek of 36% Hours
Thirty-six and one-fourth hours, 5 days from Monday to Friday, inclusive, shall
constitute a week’s work. Seven and one-fourth hours between 7 : 30 a. m. and
5 :3 0 p. m. shall constitute a day’s work.
6. Eight-Hour Workday 5 Days a Week and 4 Hours on Saturday
The basic workweek of all employees shall be forty-four (44) hours per week
and eight (8) hours per day; except Saturday, which shall be four (4) hours.
7. Six-Hour Workday, 86-Hour W orkweek; 8-Hour Workday, 40-Hour Workweek
for Designated Departments
Except as otherwise provided herein, the normal workday shall consist of six
(6) hours provided this is not interpreted as a guarantee of six (6) hours of
work per day, and the normal workweek shall consist of thirty-six (36) hours,
provided this is not interpreted as a guarantee of thirty-six (36) hours of work
per week. The normal workday for employees employed in the maintenance,
shipping, receiving, salvage, stores, laboratory, and sanitation departments shall
be eight (8) hours, provided this is not interpreted as a guarantee o f eight (8)
hours o f work per day, and the normal workweek shall consist of forty (40)
hours, provided this is not interpreted as a guarantee of forty (40) hours of
work per week.
8. Thirty-Six-Hour Workweek for Manufacturing Employees; 40-Hour Workweejc
for Nonmanufacturing Employees
The regular hours o f work for all manufacturing employees shall be thirty-six
(36) hours per week beginning on Monday and ending on Friday. The regular
hours of work for nonmanufacturing employees shall be forty (40) hours per
week.




4

COLLECTIVE BARGAINING PROVISIONS

9. Workweek of 40 Hours for Day Workers and an Average of 42 Hours for
Shift Workers
The normal workweek for day workers shall be 40 hours, which will normally
consist of five 8-hour days, Monday through Friday, but a few employees may be
required to work five 8-hour days Tuesday through Saturday to handle production
and maintenance.
The normal workweek for shift workers shall be an average of 42 hours pro­
vided by an established work schedule normally consisting of 4 weeks within
one cycle, with an equal number of 8-hour shifts, and an equal number o f days
off. These 4 weeks consist of one 48-hour week and three 40-hour weeks.
10. Alternating 4®- and 48-Hour Workweeks Permissible
I f and when the production requires it, the plant may work alternating one
forty (40) hour week and one forty-eight (48) hour week.
11. No More Than One Shift in Any 24-Hour Period
Journeymen shall not work more than one shift in any 24-hour period.
12. Transportation Agreement: Workday Measured Either in Terms of Hours
Worked or Miles Traveled
On regular assignments, a day’s work shall consist o f eight (8) hours or less,
one hundred sixty (160) miles or less.
13. Designation of Normal Workday and Workweek Not a Guarantee That Em­
ployee Will Receive That Amount of Work
The normal workday shall consist of eight full hours of work. The normal
workweek shall consist of five consecutive 8-hour days beginning on Monday each
week except however on continuous operations the work schedule shall consist
of five consecutive 8-hour days beginning on the day after the scheduled days
off. This shall not be considered as a guarantee that employees will receive
said amount of work.
14. Employer To Maintain Adequate System of Timekeeping Records, Open to
Inspection by Union With Consent of Employee Involved
The employer agrees to maintain an adequate system of timekeeping records
which shall be open to inspection by a duly authorized representative of the
union who has received the consent of the employee or employees involved.
Each employee shall be furnished a duplicate time card daily, or the number
of overtime and the number of straight-time hours worked shall be shown on
all check stubs. Either system shall be optional with the individual employer.
C hanges in W orkday and W ork w eek

Provision is often made for reopening the contract and changing
the regularly scheduled number of hours under certain conditions,
such as a change in legislation, a change in the employer’s business
condition, or a change in the workweek of the employer’s competitors.
Some agreements further provide that in the event of new legisla­
tion affecting the hours of work, wages may also be reopened for
negotiation.
15. Agreement Automatically Amended To Comply with Changes in Any Law
Regulating Maximum Workweek
In the event that there shall be enacted any law or laws, either by the Congress
of the United States or by the legislature o f the Commonwealth of Pennsylvania,



HOURS OF WORK

5

amending, altering, or adding to, or in any other wise, changing the present
law known as the Federal Wage and Hour Law, or any other law presently
regulating the maximum workweek, the terms of this agreement shall be changed
to include the provisions of such law insofar as it may affect such obligation to
pay overtime for such excess workweek, as though the same had been set forth
herein at the time of the execution of this contract.
16. Automatic Reduction of Hours Without Reduction of Wages if Workweek
Reduced by Legislation
Should any legislation be passed providing for a working week of less hours
than provided for in this agreement, the number of hours in the shop shall be
reduced accordingly without any reduction of wages.
17. Wages May Be Reopened for Negotiation if Maximum Workweek Reduced by
Legislation
In the event that the maximum workweek is reduced by legislative act to a
point below the regular workweek provided for herein, the question of wages
may be reopened for further negotiation.
18. Either Party May Reopen Agreement for Amendment if Standard Workweek
of More or Less than i£0 Hours Established by Law or Presidential Order
If, during the period of this agreement, a standard workweek of more or less
than forty (40) hours shall be established by law or presidential order and be
applicable to the company, then either party upon thirty (30) days’ written
notice shall have the right to open negotiations to substitute such new standard
workweek for the forty (40) hour workweek.
19. Hours Section of Agreement Reopened for Negotiation if Fair Labor Stand­
ards Act Repealed, Amended, or Held Unconstitutional, or if Exempt Status
of Employees Changed by Administrative Ruling or Otherwise
Any provision o f this Article III [Hours] to the contrary notwithstanding, it
is understood that in the event the Fair Labor Standards Act o f 1938 is repealed,
modified, amended, or held unconstitutional, or if the exempt status under the
act of any of the employees working under the provisions o f this agreement shall
be changed by administrative ruling or otherwise, the parties hereto agree to
discuss any further provisions which either party deems appropriate in respect
of this Article III.
20. Number of Hours Per Shift and Number of Shifts Per Week May Be Changed
at Any Time by Mutual Agreement
The number of hours per regular shift and the number o f regular shifts per
week may be changed any time during the life of this contract by agreement be­
tween the company and the local union.
21. Either Party May Reopen Contract To Negotiate Change in W orkw eek;
Contract Terminated if No Agreement Reached Within SO Days
Notwithstanding any provisions in these articles of agreement to the contrary,
it is agreed that in the event either the company or the union desires a change
in the scheduled hours o f work per week, the union or the company may notify
the other in writing of its request for a change in such hours o f work, whereupon
the parties shall meet to determine and negotiate such requested or proposed
change, and if within thirty (30) days from the date of the receipt of such notice
an agreement is not reached, then said articles o f agreement shall be o f no
further force or effect whatsoever notwithstanding anything therein to the con­
trary appearing.




6

COLLECTIVE BARGAINING PROVISIONS

22. Employer May Change Workweek To Conform With Changes Made "by Com­
petitors
The employer reserves the right to revise upwards (to a maximum of 44 hours)
or downwards, the workweek, consistent with any future changes agreed to by
the principal --------- department stores, without the requirement o f paying
overtime.
23. Daily or W eekly Sours May Be Increased or Decreased A fter Consulting
Union, if Business Conditions Require or in Case of Emergency
A normal day’s work shall consist o f eight (8) hours, and a normal week’s
work shall consist o f forty (40) hours. Each may be reduced or increased,
however, if business conditions require, or in case of an emergency, after con­
sultation with the union.
24. Union Consent Required To Reduce Workweek Below 40 Hours
The normal workweek shall be 40 hours per week, 8 hours per day, 5 days per
week, from Monday through Friday. Special shifts required by production
schedules may be put into effect by the employer. The employer shall notify the
union of the reason for such shifts. The union reserves the right to protest when
said shifts might cause undue hardship. Under no circumstances shall the
normal workweek be reduced to less than 40 hours per week, without the consent
of the union.
25. Union Consent Required Prior to Installation of Regular Workweek of More
Than 48 Hours
Except for present exceptions and practices no regular work schedules of more
than forty-eight (48) hours per week will be installed without prior agreement
with the union.
26. Workday Reduced to 6 Hours if Agreed To by 60 Percent of Local Building
Craft Unions
Eight hours shall constitute a workday from 8 a. m. to 4 : 30 p. m. on Mondays
to Fridays, inclusive. Five (5) such days shall be a workweek. When sixty
(60) percent of the local building craft unions are agreeable to a 6-hour day,
same will be acceptable to the parties o f this agreement.
27. Workweek May Be Increased From 5 to 6 Days A fter 6 Weeks of Overtime
Operations
A regularly scheduled but not guaranteed workweek shall consist of five con­
secutive 8-hour days, Monday to Friday, inclusive, for a section, department, or
plant which needs to operate only 5 days.
When a job, section, department, or division must operate 6 days, it shall be
staffed by overtime operations.
For the first 6 weeks during which a job, section, department, or division must
operate 7 days, it shall be staffed by overtime operations. I f this 7-day operation
must continue, the company may schedule the employees for a week consisting o f
six 8-hour days.
Paragraphs 41 and 42 [two preceding paragraphs] shall not apply to Power
House employees or employees of other departments similarly scheduled on
regular 7-day operations, and shall be subject to local provisions for overtime
distribution.

Exceptions to Regular Schedules
In a number of States, a maximum lim it on the hours of work of
women and minors is established by law. Such restrictions are



HOURS OF WORK

7

reflected in agreements which specify a shorter workday and/or
workweek for women and minors than for adult male employees.
Other agreements provide for the lengthening of the standard
workweek during busy seasons of the year, often with a waiver of
overtime pay requirements. This seasonal exemption is sometimes
made subject to various restrictions; for example, extension o f the
workweek may be allowed only if additional workers cannot be ob­
tained or if there is no space for additional workers; extra hours at
regular pay may be limited to a specified number of hours a week for a
given number of weeks during the year, etc. Agreements covering
associations o f employers sometimes require the consent of the ma­
jority of the employer members, as well as the consent of the union,
before the workweek may be extended because of seasonal conditions.
Agreements covering retail trade establishments, on the other hand,
often provide for a shorter workweek during the summer months.
Exceptions to the hours standards are also sometimes permitted
during inventory taking. The extra work is often paid for at straight
time, and a maximum may be set on the time to be spent on such work.
28. Shorter Workday and Workweek for Female Employees
The normal workweek shall be forty (40) hours consisting of five (5) eight
(8) hour days for males and thirty-seven and one-half (3 7 ^ ) hours consisting of
five (5) seven and one-half (7 % ) hour days for females.
29. Shorter Workweek for Women and Minors
The hours per week which each employee shall work and upon which the base
wage is predicated shall be as follow s:
Forty-eight hours for all employees covered by this agreement, except waiters
and bus boys whose hours shall be 54 per week and except women and minors
whose hours shall be 45. The employer shall be free to fix the daily working
hours in the hotel.
30. Daily and Weekly Hours for Women in Accordance with State Law
Forty-eight (48) hours o f work shall constitute 1 week o f work for female
employees. The daily and weekly hours shall be in accordance with the Illinois
Women’s Eight-Hour Law.
Forty-eight (48) hours o f work shall constitute 1 week o f work for male
employees. Ten (10) hours per day shall constitute a working day with time
and one-half paid after 10 hours’ work for any 1 day.
31. Conditions Specified for Extension of Workweek During Designated Seasons
It is hereby agreed, that each manufacturer shall have the right to employ
their shavers for a period of forty-four (44) hours per week for the following
weeks:
Six weeks prior to 2 weeks before Easter o f each year and for 10 weeks prior
to November 15 of each year, provided:
That whenever a factory employs shavers to the total present capacity of
the shaving rooms, the factory may extend the workweek to 44 hours during
such above outlined periods.
Whenever a factory is unable to get additional shavers, it may extend
the workweek to 44 hours during such above outlined periods.
879028°— 50------2




8

COLLECTIVE BARGAINING PROVISIONS

It is further agreed that the manufacturer will divide his work within reason­
able limits.
32. Association Agreement: Consent of Union and 51 Percent of Manufacturers
Necessary fo r Change in Working Hours Due to Seasonal Conditions
Eight hours shall constitute a day’s work, 5 days per week, with Saturday a
full holiday. Working hours to be from 7 a. m. to 11 a. m. and from 12 noon to
4 p. m. Should the manufacturers or the [union] desire a change for seasonal
conditions of working hours they must have a signed statement of 51 percent of
the manufacturers and the [union] * * *.
33. Men Unable To Handle Winter Work Given Opportunity To Work Longer
Workweek During Summer
The working day for truck drivers shall not exceed nine (9) hours per day
and five (5) days per week during the winter period, and nine (9) hours per
day and six (6) days per week during the summer period.
Due to the inability o f some of the men eligible for winter work to handle
the work efficiently during that period, their working hours will consist of
thirty-eight (38) weeks in all, divided into four (4) weeks at forty (40) hours
per week, and thirty-four (34) weeks at forty-eight (48) hours per week during
the summer period.
34. Shorter Workweek During July and August if Store Is Closed on Saturday
The regular workweek for union members shall be forty (40) hours per week
for a five (5) day week at eight (8) hours per day. During July and August, if
the store is closed on Saturdays, the regular workweek shall be thirty-seven and
one-half (37% ) hours for a five (5) day week of seven and one-half (7 % ) hours
per day for all union members, except that the regular workweek o f the night
watchmen during this period shall be forty (40) hours for a five (5) day week o f
eight (8) hours per day. I f the store is open on Thursday evenings, the eight (8)
hours or seven and one-half (7% ) hours, as the case may be, may be scheduled
at the option of the employer, provided they are consecutive.
35. Hours of Store Employees Reduced During June-October Period, and Further
Reduced During 8-Week Period When Store Is Closed on Saturdays
The maximum workweek shall be 44 hours weekly, divided into 6 days o f 7
hours and 20 minutes each day. During the period from June 1 to October 1, the
hours of work shall be 41 hours weekly, divided into 6 days of 6 hours and 50
minutes each day, except during the 8 weeks in summer when the store is closed
on Saturdays, when the hours of work shall be 34 hours and 10 minutes weekly,
divided into 5 days of 6 hours and 50 minutes each day.

Scheduling o f Working Hours
It is customary to define the normal workday and workweek not
only to regularize an employee’s working time but also to establish
pay boundaries beyond which work is normally compensated at pre­
mium rates. Often the regular starting and quitting time of the
workday and the days of the workweek are specified by the agreement.
Monday through Friday is the most frequently mentioned weekly
schedule; other agreements do not specify the exact days of the work­
week but merely state that they are to be consecutive.
Management may be given the explicit right to establish and change
the scheduled working hours, if necessary to meet production require­



HOURS OF WORK

9

ments and to achieve maximum efficiency. However, various restric­
tions are often imposed: Advance notice must be given to the employees
and/or union; the change may be subject to protest through the
grievance and arbitration procedure; the change may be made only
after consultation with the union, or in some cases only if the union
consents. Posting of the work schedules, giving the time for starting
and ending shifts, is often required.
In order to enforce adherence to the scheduled hours of work, a
few agreements prohibit employees from entering the plant or per­
form ing any work related to their jobs prior to the scheduled starting
time.
Particularly in retail trade and in barber shops, the agreements often
prescribe the opening and closing hours of the shop, as well as the
actual hours of work for individual employees. The nature of the
trade largely determines the close correspondence of working and
shop hours. Specifying shop hours facilitates uniformity and
enforcement.
36. Daily Starting and Quitting Time Specified
The normal starting time for the day shift shall be 7 a. m., and the normal
quitting time shall be 3 :4 5 p. m.
37. Multiplant Agreement: Starting and Quitting Time at Option o f Local Union
and Factory Manager
Starting and quitting time shall be left to the option of the local union and
the different factory managers.
38. Workweek To Begin at 12:01 a. m. on Monday
The regular workweek shall commence at 12: 01 a. m. on each Monday for all
employees.
39. Standard Workweek To Consist of Five Consecutive Days, Beginning Monday
The standard workweek shall consist o f 40 hours of five consecutive work­
days beginning Monday and extending through Friday.
40. Bonus if Workdays Are Not Consecutive
The working hours for employees scheduled to work forty (40) hours per
week shall consist of eight (8) hours per day and five (5) days per week. When
the work schedule of an employee does not consist o f consecutive days in the
workweek, he shall receive for the fifth day he works in the workweek, a bonus
of four (4) hours’ pay in addition to his regular time.
41. Forty-Hour Week May Be Spread Over 6 Days by Mutual Agreement
The workday shall consist o f eight (8) hours and the basic workweek shall
consist of forty (40) hours. The workweek shall be five (5) days, Monday to
Friday, inclusive. If future operations so require the forty (40) hour workweek
may be spread over six (6) consecutive days if agreed upon by negotiation.
42. Establishment and Modification of Daily and W eekly Schedules at Discretion
of Company
Determination of a starting time of daily and weekly work schedules shall be
made by the company and such schedules may be changed by the company from
time to time to suit various conditions of operations.



10

COLLECTIVE BARGAINING PROVISIONS

43. Compam/y Schedules Hours of Work Subject to Specific Limitations
The company will schedule the hours of work of each employee to suit business
conditions, subject, however, to the following limitations: (a ) in all regular
work schedules providing for one or more days o f rest every seven days, the days
of work shall be consecutive and shall be followed by consecutive days o f rest;
(b) no regular work schedule providing for days of rest shall provide for more
than six consecutive days of w ork; and (c) whenever the day on which a regular
consecutive-day work schedule begins is changed by the company, notice of
such change will be given at least 72 hours before the end of the employee’s last
regularly scheduled workday.
44. Starting Day of Workweek at Discretion of Employer so Long as He Complies
With Fair Labor Standards Act and Does Not Make Change for Sole
Purpose of Reducing Pay Roll
It shall remain the option of the firm as to the day on which a workweek
starts, so long as the firm stays within the rules and regulations of the Federal
Wage and Hour Law, except where the only reason for making a change from
present schedules would be to effect a reduction in pay-roll costs.
45. Permanent Schedule of Hours Posted
The employer shall post a regular permanent schedule of hours in its plants.
46. Work Schedule Posted 1 Week in Advance
A work schedule for all workers shall be posted at least 1 week in advance.
47. Rotating Work Schedule Established TJpon Request of Union
Upon request of the union the company will establish a rotating schedule in
any specified work group which has more than one schedule o f working hours
per day.
48. Hours of Work May Be Changed by Petition of Two-Thirds of Employees
Involved
If two-thirds o f the total employees in a department, shop, or shift wish to
change their hours of work, or period of lunch, they shall petition the company
through the shop committee, for a revision of the work hours to permit the
working of a greater number of hours per day, not to exceed nine (9) hours per
day, and the requirements of the service will permit granting o f said petition, the
company shall agree to such revisions of hours, and periods of lunch, and such
revisions shall be permitted under this agreement. In no event shall fewer
than five (5) hours be established as the working time in any 1 day.
When the working hours per day have been increased as provided above,
overtime shall not be paid to such employees until after the completion of the
number of hours thereby established as constituting a day’s work.
49. Steward Notified of Change in Posted Schedule
Schedule hours o f work shall be posted in each room as early in the week as
possible. Except in an emergency, the room steward will be notified of any
change in the posted schedule.
50. Shop Committee Notified of Changes in Starting and Quitting Time or
Number of Hours To B e Worked
Starting and quitting time and the number o f hours to be worked shall be
determined by the company, from time to time. The company agrees to notify
the shop committee o f changes in starting or quitting time or the number o f hours
to be worked and to confer with the committee, if requested, with respect
thereto.



HOURS OF WORK

11

51. Management To Give 5 Days’ Notice Before Changing Starting Time of
Workweek
Nothing herein contained shall preclude or prevent the management from
changing the time for the commencement of a workweek provided not less than
five (5) days’ notice is given of such change.
52. Twenty-four-Hour Advance Notice of First Schedule Change in Any 30-Day
Period; 48-Hour Notice of Any Additional Change
Except in emergency, such as sickness, death, or other like causes, the
scheduled hours o f employees shall not be changed without at least twenty-four
(24) hours’ prior notice for the first change in any thirty (30) day period and
not less than forty-eight (48) hours’ prior notice for any additional change.
53. Employee To Receive 24 Hours’ Notice of Change in Starting Time and 36
Hours’ Notice o f Change in Weekly Schedule
A job record shall be posted in a conspicuous place by the employer, specify­
ing days off, starting and finishing times and position held and must be kept
and corrected weekly. Names and classifications must be listed.
Regular employees shall have a fixed starting time, which time shall not be
changed by the employer without twenty-four (24) hours’ notice to the employee
affected.
Regular employees shall have a fixed weekly schedule o f working days which
schedule shall not be changed by the employer without thirty-six (36) hours’
notice to the employees affected.
54. Grievance Committee and Management To Confer on Schedules Departing
From Normal Workweek But Management Makes Final Determination
Should it be necessary, in the interest of efficient operations, to establish
schedules departing from the normal workweek, the grievance committee of the
plant and the management o f the plant may, at the request o f either party,
confer to determine whether, based upon the facts of the situation, mutually
satisfactory modified schedules can be arranged but the final right to arrange
working schedules rests with management in order to avoid adversely affecting
operations of the plant.
55. Number and Length of Shifts and Starting Time Fixed by Employer A fter
Discussion With Union and May Be Taken Up as a Grievance
The number o f shifts and the starting time and hours of work in each shift
shall be fixed from time to time by the employer after discussion with the union
with respect thereto. I f no agreement is reached, it may be taken up as a
grievance.
56. Changes o f More Than 1 Hour in Starting Time o f Shift To Be Made Only
A fter Full and Fair Consideration o f Recommendations o f Union
The regular scheduled time for the beginning of any shift shall be fixed by
the management, but when it becomes necessary for the beginning of any shift
to be changed by more’ than 1 hour such change shall be made only after full
and fair consideration of the recommendations of the union.
57. No Change in Standard Schedule Except by Mutual Agreement o f Company
and Union Representatives
No change from the standard working schedule shall be instituted except by
agreement between the union general grievance committee and the factory
personnel manager.




12

COLLECTIVE BARGAINING PROVISIONS

58. Written Consent of Union Required To Change Work Schedule
A schedule of the hours of work for each shift and each group o f employees
and establishing a workweek or workweeks shall be prepared immediately by
the employer and delivered to the local union. No changes may be made in
said schedule without the written consent o f the union.
59. Changes in Working Schedules Subject to Grievance and Arbitration
Procedure
The company may make changes in working schedules, provided that, after
they have been put into effect, any dissatisfaction with them shall be subject
to the grievance procedure. I f such a matter goes to arbitration and the arbitrator
finds that the change was unnecessary and arbitrary, then the change in
schedule will be withdrawn. The company will advise the union of changes
made in working schedules.
60. Changes of Not More Than SO Minutes in Starting and Quitting Time May
Be Made by Employer A fter Giving 1 Week's Notice to Union; Changes
of More Than SO Minutes Must Be Negotiated With Union and Are Subject
to Arbitration
Upon the giving of one (1) week’s notice in writing to the union, the employer
may effect a change of not more than thirty (80) minutes in the starting and
quitting time. Should the employer desire a change o f more than thirty (80)
minutes, such change shall be arrived at by negotiation between the employer
and the union, and if no agreement is reached within seven (7) days the matter
shall be submitted to arbitration in accordance with the arbitration procedure
hereinafter provided.
61. Regular Hours Suspended During Emergencies
In emergency work such as train wrecks, fires, floods, wash-outs, slides, or
freezing temperatures over sustained periods, or other unavoidable stoppages
that may jeopardize life or property, the regular hours shall be suspended for
the duration of the emergency.
62. Employee Not Allowed To Perform Work Pertaining to His Job Before
Starting Time of Shift
The company agrees that no employee shall be allowed to perform work
pertaining to his or her job before starting time of shift.
63. Employee Not To Enter Plant More than SO Minutes Prior to Starting Time
Starting and quitting time shall be strictly enforced, and no employee shall
enter the plant more than thirty (30) minutes before starting time except
in case of bad weather, in which case the time limit shall be 1 hour. During)
such period, employees shall at all times conduct themselves in an orderly
manner and shall not disturb other employees who are at work nor otherwise
interfere with the earning power o f employees at work.

Equitable D istribution

of

W ork

Some agreements require the employer to schedule hours of work
o f individual employees in such a manner that work is approximately
equally divided among all employees. The equal distribution of
work may be plant wide or restricted to smaller units, such as de­
partments or occupational groups. The agreement may permit un­
equal distribution o f work within a short period but require that




HOURS OF WORK

13

hours must be approximately equalized over a longer period, e. g.,
quarterly or semiannually. Time lost because of the employee’s ab­
sence when work is available may be considered time worked for
purposes of balancing hours as required under an equalization clause.
64. Equal Distribution of Weekly Work Hours Within Practicable Limits
It is further agreed that the company will put into practice a system of
equalization in the distribution of weekly work hours among the regular em­
ployees, within the limits made practicable by the sale of the company’s
products.
65. Distribution of Working Time Within Each Department Over Each 3-Month
Period
The company agrees to effectuate an impartial distribution o f working time
within each department among the employees in that department, insofar as
it is practicable to do so, over each quarterly period of 3 months.
66. Employees in Each Occupational Group To Have Approximately Same
Humber of Hours Over a 4-Month Period
The company and union agree that available work in a department will be
distributed among regular employees o f the department who have the ability,
experience, and willingness to perform so that in an occupational group each
employee has had the opportunity to work approximately the same number of
hours distributed over a 4-month period. Absence from work when an employee
is scheduled to work, shall be counted as opportunity to work. Repeated re­
fusal of offered work shall eliminate an individual from further consideration.
67. Time Lost Because of Illness or at Employee’s Request Considered as Time
Worked in Equalizing Hours
The management will endeavor to the best of its ability to equalize hours
among all skilled workers in the same classification in the department. Hours
taken off by employees because o f illness or at their own request will be con­
sidered as hours worked in the equalization of hours.

Rest Periods
Many employers have found that total daily output may be increased
by allowing brief rest periods to break the monotony of repetitive
operations. Usually, such periods are allowed without deduction from
pay, but practice varies as to the number, length, and scheduling o f
the periods. Some agreements do not give details concerning the
amount of time allowed, but state merely that rest periods will be
granted in accordance with “ prevailing practice” or “when neces­
sary.” 2 Most frequently, a time allowance of 5 or 10 minutes is speci­
fied, and rarely is the period more than 15 minutes. Agreements
usually allow only one or two rest periods a day. Additional peri­
ods may be allowed, if overtime work is required. W here two rest
periods are regularly granted, one is usually scheduled in each half
2 Under administrative rulings of the Wage and Hour and Public Contracts Division of
the U. S. Department of Labor, rest periods up to and including 20 minutes should be
considered hours worked for the purposes of the Fair Labor Standards Act.




14

COLLECTIVE BARGAINING PROVISIONS

o f the shift. Some agreements specify that the rest periods shall be
staggered in order to avoid disruption of production. Others require
suspension of all work in the plant during rest periods, insofar as
possible.
Some agreements allow rest periods only to female employees;
others allow more frequent or longer rest periods for women than for
men. A few agreements grant rest periods only to those employees
who perform continuous or especially fatiguing operations. A few
other agreements allow rest periods only during the summer months.
Abuse of the rest period privilege may subject employees to disci­
plinary action, or give the employer the right to discontinue rest
periods.
68. All Employees To Have 5-Minute Rest Periods B efore and A fter Lunch
Every employee covered by this agreement shall be given two rest periods (one
during the period before lunch and one during the period after lunch) o f 5
minutes each, in each workday. During such periods, the employee shall be
free to leave his workplace. Such rest period shall be paid for at the employee’s
regular rate and shall not result in lengthening his regular day.
69. Rest Periods for Females Only
Female employees are entitled to a 10-minute paid rest period in each first and
second half of a shift.
70. Rest Period for All Employees During First Half of Shift and for Female
Employees Only, During Second Half
A rest period o f ten (10) minutes will be granted to all employees during the
first four (4) hours of the shift and a rest period of fifteen (15) minutes shall
be granted all female employees during the second four (4) hours o f the shift.
71. Female Piecework Rates Allow for 2 Rest Periods Daily
All female employees shall be allowed a fifteen (15) minute rest period during
the first half of a shift and a fifteen (15) minute rest period during the second
half of a shift. Female employees who are working on day work will not lose
pay for this rest period. Female pieceworkers will lose no pay by reason o f their
rest period, inasmuch as the piecework rates will allow for such rest period of
fifteen (15) minutes during the first half of a shift and fifteen (15) minutes
during the second half of a shift.
72. Female Employee Not To Receive Rest Period Unless She Is on Duty for
More Than Three Consecutive Hours
Rest periods—Employees who are on duty for more than three consecutive hours
shall have a rest period, as near the middle of the work period as possible.
Employees who are on duty three consecutive hours or less before a meal period
or before completion of work for the day shall not have a rest period.
Rest periods shall be fifteen (15) consecutive minutes in length, figured from
the time the employee leaves her work to the time she returns.
Relief periods—In addition to rest periods, relief periods for employees’ personal
needs shall be arranged for by the supervisor upon the employee’s request.
General—Rest and relief periods shall be arranged so that there will be a
minimum interruption of production.




HOURS OF WORK

15

73. One Relief Period Daily for Employees on Continuous Operations
The employer and the union committee shall work out a schedule that will
interfere the least with plant operations, and which will provide one 15-minute
relief period per day without loss of pay for each employee who is engaged on
otherwise continuous operations.
74. Rest Period Allowed if Employee Works More Than 8 Hours per Day
I f any employees work more than eight (8) hours per shift, they will be
granted a ten (10) minute rest period, without loss of pay. The day shift rest
period shall be from 3 p. m. to 3 :1 0 p. m.
75. Reasonable R elief Periods for Employees Who Cannot Leave Their Stations
Unless Relieved.
Reasonable relief periods will be provided for all employees working in oc­
cupations or positions where they cannot leave their stations unless relieved by
others.
76. One 15-Minute Rest Period During First Half of Shift; Employees Provided
Personal Relief When Heeded
All employees shall be granted one 15-minute rest period during the first half
of the shift. Such rest periods may be staggered so as to cause a minimum
interference with the operations of the plant, but no employee shall be required
to take such rest period earlier than one and one-half (1 % ) hours after the start
o f the shift or later than one hour before the lunch period.
It is agreed that this 15-minute rest period means 15 minutes away from the
job, and it is further agreed that the 15-minute limitation on the rest period
during the first half of the shift shall be strictly observed.
The company shall provide adequate personal relief for employees when needed.
77. Ten-Minute Rest Period Every 2 Hours
There shall be a ten (10) minute rest period after every two (2) hours of
work. These rest periods shall be rotated so as to avoid interruptions in the work
of the plant.
78. Allowance of 5 Minutes Per Hour for Personal Needs, Rest, and Wash-Up
Time.
An allowance o f five (5) minutes per hour will be made for personal needs,
rest periods, and wash-up times.
79. Five-Minute Intermission A fter Each Hour of Rehearsal
An intermission of 5 minutes shall be allowed at the end o f each hour of re­
hearsal where the rehearsal exceeds 1 hour in length, and the intermission
shall be considered part of playing time.
80. Smoking Period Morning and Afternoon
It is mutually agreed that there shall be a ten (10) minute smoking period
in both the forenoon and the afternoon. Smoking shall be permitted only in
such place or places as may be designated by the management. Smoking at
any other time shall be strictly prohibited except in the office.
81. Fifteen Minutes Coffee Time Morning and Afternoon
Fifteen (15) minutes shall be allowed in the forenoon and in the afternoon for
coffee time.
82. Number of Rest Periods Dependent on Job Classification
All office employees shall have a 15-minute rest period during each working
day, except the switchboard operator and addressograph or mimeograph oper­



16

COLLECTIVE BARGAINING PROVISIONS

ators who spend the major portion of the day on these machines shall be en­
titled to two rest periods.
83. Length of Rest Period Depends on Number of Hours of Continuous Work
The company agrees that it will give its employees in the garment shop, a
10 minutes’ rest period for 5 hours’ continuous work or a 5 minutes’ rest period
for 4 hours’ continuous work.
84. R est Periods During Summer Months Only
During June, July, August, and September a 10-minute rest period at 2 :3 0
in the afternoon shall be inaugurated. There is to be no deduction in wages
for the time off for rest periods. Employees are not to leave the plant during
the rest period. A rest period of 10 minutes shall also be granted during June,
July, August, and September to workers on a night shift after the sixth hour
of employment.
85. Continuation of Present Arrangement Allowing Employees To Obtain Re­
freshments in Afternoon and Rest Period at Night
The employer agrees to maintain the present arrangements of allowing the
employees to obtain refreshments in the afternoon and a ten (10) minutes’ rest
period at night.
86. Rest Period Between Regular and Overtime Hours
Where overtime work requiring more than 1 hour is necessary on regular
working days, workmen shall have a rest period if so desired of at least onehalf hour after the regular quitting time before proceeding with overtime work.
87. Ten-Minute Rest Period for Each 2 Hours of Overtime Work
The employer agrees that there will be two (2) ten (10) minute rest periods
on each regular eight (8) hour shift and an additional ten (10) minute rest pe­
riod shall be allowed employees for each two (2) hours overtime worked after
eight (8) hours during the workday without any loss o f pay to the employee.
88. Rest Periods Staggered So That They Do Not Interfere With Production
There shall be two 10-minute rest periods for all employees in the factory— one
10-minute rest period before lunch and one 10-minute rest period after lunch.
These rest periods shall be staggered so that they do not interfere with the
normal production.
89. All Work in Plant To Stop During Rest Periods Insofar as Possible
All hourly-rated employees shall be allowed two (2) fifteen (15) minute rest
periods, one (1) in the morning and one (1) in the afternoon. Employees
working more than three (3) hours in the evening shall receive a fifteen (15)
minute rest period. Insofar as possible, all work in the plant during these rest
periods shall stop.
90. Smoking and Eating on the Job Prohibited Except During Rest Periods
Rest periods are hereby established for employees. Two periods of ten (10)
minutes each will be given all employees divided between each 4 hours of work.
These periods are for personal relaxation. Smoking or eating on the job will
not be permitted other than during these periods.
91. Disciplinary Action for Abuse of Rest Period Privilege
The company agrees to continue its existing practice with respect to the two
(2) fifteen (15) minute rest periods. Any abuse of this privilege by any employee
shall be subject to disciplinary action by the company.




HOURS OP WORK

17

92. Rest Periods May Be Discontinued in Event of Abuse of Privilege but Union
To Receive 10 Days’ Advance Notice
The company will give the union 10 days’ advance notice of its intention to
discontinue rest periods in the event the company deems such action necessary
because o f loss in production or misuse of the privilege.
93. Employee Who Feels That Reasonable Rest Periods Are Not Granted May
Take the Matter Up as a Grievance
In the event that any employee feels that he or she is not given reasonable
rest periods, he or she shall first request the foreman for such, and if it is not
granted it shall be taken up as any other dispute under this agreement. No
employee shall leave his or her department without permission.
94. Employer May Increase Hourly Rate in Lieu of Paying for Rest Periods
Elevator employees shall receive two paid relief periods o f 15 minutes each,
one in the morning and one in the afternoon, and such paid relief periods shall
constitute time worked. Each employer shall have the right to add 3 cents per
hour to the elevator employees’ regular hourly rate for all time worked by such
employees in lieu o f paying for relief periods, and in that event such relief
periods shall not be paid for and shall not constitute time worked.

Meal Periods and Allowances
The length and scheduling of lunch periods is covered in detail by
many agreements. Some allow as little as 15 minutes for lunch,
others as much as 1 hour; workers on continuous process operations
are sometimes required to eat lunch without leaving the job. The
agreement may specify a definite hour for the lunch period or may fix
time limits within which the lunch period must be allowed, e. g., be­
tween the third and sixth hours of the workday. W ork in excess of 5
or 6 hours without a lunch period is prohibited by some agreements;
others require a premium rate for work during the lunch period, and in
some instances, the premium rate is continued until the employee has
been given time off for a meal.
Paid lunch periods are not usually provided in union agreements,
particularly on normal, 1-shift operations. A number of agreements,
however, provide for paid lunch periods on night shifts, or to em­
ployees on certain operations. Where continuous 24-hour production
makes 3-shift operations necessary, paid lunch periods are sometimes
provided for all shifts in order that daily earnings will not be decreased
through the necessary 8-hour limitations to any 1 shift. Such agree­
ments, however, are not always clear as to whether there is a fixed
time during which employees may leave their workplaces or whether
they eat their lunches at their benches or machines.

The method of computing pay for the lunch period is sometimes
spelled out, particularly where pieceworkers are involved.
Some employers are required to furnish a meal or a cash allowance
for a meal to each employee who works overtime for more than a speci­




18

COLLECTIVE BARGAINING PROVISIONS

fied number of hours. They may also be required to furnish additional
meals at designated intervals as long as the overtime work continues.
Some agreements merely stipulate that employees shall be allowed
time for meals when required to work overtime.
95. Thirty-Minute Unpaid Lunch Period
All employees shall be entitled to a lunch period o f thirty (80) minutes without
pay.
96. Unpaid Lunch Period of Not Less Than J 5 Minutes or More Than 1 H our;
^
I f Employee Is Required To Take More Than 1 Hour, Excess Time Con­
sidered Working Time
Luncheon recess shall not be less than forty-five (45) minutes or more than
one (1) hour, and no employee shall be required to take time off in any workday
in excess o f one (1) hour for luncheon recess without having such time charged
against the employer as working time.
97. Fifteen-Minute Paid Lunch Period
The company will provide on each operating shift a lunch period of 15 minutes,
to be paid for at the hourly base rate.
98. Paid Lunch Periods Allowed Only if Department Is on 3-Shift Schedule
If any department should operate on three (3) eight (8 ) hour shifts, a reason­
able lunch period shall be given during working hours on all shifts without
deduction of pay. If, however, any department should operate on less than three
(3) shifts, then the lunch period shall not be given during working hours.
99. Shifts Other Than Day Shift Receive Paid Lunch Period
On each shift other than the regular day shift there will be a 30-minute lunch
period without pay deduction. Payment for designated lunch periods will be
computed on the hourly rate for hourly rated workers and on 120 percent of base
rate for incentive workers.
100. Paid Lunch Period for Evening Shift; Extra Pay in Lieu o f Lunch Period
for Early Morning Shift
The company will provide a 20-minute lunch period for employees on the 4
p. m. to 12 p. m. shift. All employees will be paid base or hourly rate for this
period. No lunch period will be provided for employees on the 12 p. m. to 7 :1 5
a. m. shift, but such employees will be paid, in addition to their earnings, 45
minutes extra at base or hourly rate.
101. Continuous-Operation Employees Eat Lunch While on Duty
Employees in rotating shift service in continuous operations will be permitted
to eat their lunch while on duty at a time that will not interfere with the
operation.
102. Lunch Period Included in Workday o f Shift Employees, Excluded From
Workday of Day Workers
Eight consecutive hours, exclusive of lunch and inclusive of relief periods, shall
constitute a day’s work for day workers.
Eight consecutive hours, inclusive of lunch (which shall be 20 minutes for male
employees and 30 minutes for female employees) and relief periods, shall con­
stitute a day’s work for shift workers.




HOURS OF W ORK

19

103. Lunch Period Included in Workday of Underground Workers, Excluded
Prom Workday of Surface Workers
Eight hours from portal-to-portal shall constitute a regular shift’s work for
all underground men, and a lunch period of 30 minutes shall be considered as time
worked in computing overtime for underground men.
Eight hours exclusive of lunch period shall constitute a regular shift’s work for
all men employed on surface, except that lunch period shall be included as time
worked for men employed on regular three-shift operating jobs.
104. Amount of Paid and Unpaid Time for Lunch Depends on Type of Work
Performed ~ Employee
by
The normal workday and lunch payment procedure for the various groups of
employees is:
(1) All production and service employees, except those on continuous opera­
tions, shall work seven and one-half ( 7% ) hours per day. These employees shall
be given a thirty (30) minute lunch period and shall be paid for fifteen (15)
minutes at base rate for pieceworkers, or hourly rate for hourly rated employees.
The clock cards shall show a minimum of eight (8) hours for a full day’s work.
(2) Employees on continuous operations who have sufficient idle time to eat
their lunch without loss of production shall work eight (8) hours per day. They
will be paid for eight (8) hours. The clock cards will show a minimum of eight
(8) hours for a full day’s work.
(3) Employees on continuous operations who do not have sufficient time for
eating lunch without a loss of production and are given lunch relief shall work
seven and three-fourths (7% ) hours per day. These employees will be relieved
for fifteen (15) minutes. Pieceworkers will be given the pieces produced, and
hourly workers will be paid their hourly rate. The clock card will show eight
(8) hours minimum for a full day’s work.
(4) Maintenance, laboratory, and quality control employees shall work seven
and three-fourths (7% ) hours per day. These employees shall be given a thirty
(30) minute lunch period and shall be paid for fifteen (15) minutes o f it at base
rate for pieceworkers, or hourly rate for hourly workers. The clock cards will
show eight and one-quarter (8 % ) hours as a minimum for a full day’s work.
(The signing of this agreement shall not act as a bar to the local union’s right to
benefit from any interpretation of the company-wide agreement on “ lunch period”
agreed upon or awarded by the umpire.)
105. Pay for Lunch Periods Computed at Regular Rate for Day Workers and
on Percentage Basis for Pieceworkers
Day rated workers will be paid for this 15-minute lunch period at their regu­
lar day rates. Pieceworkers shall be paid for this 15-minute lunch period by
adding 3 percent of their piecework earnings.
106. Rate of Double Time for Work During Lunch Period; Paid Time Allowed To
Eat Lunch A fter Completion of Emergency Work
Employees assigned to work during lunch period shall receive double time and
shall be allowed time to consume their lunch on the employer’s time after com­
pleting such necessary or emergency work during their lunch period.
107. Rate of Time and One-Half for Work Through Noon Lunch Period and
Until Employee Released for Lunch
Except on shift work, overtime at the rate of time and a half the regular rate
of pay shall be paid an employee who works through his regular noon lunch
period up to and until he is released for lunch.




20

COLLECTIVE BARGAINING PROVISIONS

108. Employee Given One-Half Day’s Pay or Time Off if Required To Work
During Lunch Period
Whenever it shall be necessary for an employee to work during his lunch
hour as part o f his daily duties, he shall be given one-half day off, with full
pay, or additional pay in lieu of one-half day off each week. This one-half day
off to be taken upon mutual agreement between the employer and the employee.
S cheduling of L unch P eriod
109. Meal Period During Fifth Hour From Starting Time
Employees working daylight hours in an activity not necessarily continuous
in nature shall have a regularly designated meal time during the fifth hour
from starting time except in cases o f emergency endangering life or property,
in which case they shall be given a meal period on company time and allowed
to continue to work until their normally scheduled quitting time.
110. Lunch Period Between Third and Sixth Hours of Workday
Time off for meals shall be given between the third and sixth hours o f the
day’s work and shall not exceed 1 hour per day.
111. Meal Hours Specified But May Be Varied 1 Hour Either Way
Meal hours shall be as follow s:
Breakfast_______________________ 7 :3 0 a. m - 8 :3 0 a. m.
Dinner________ _________________ 11:30 a. m .-12:30 p. m.
Supper--------------------------------------- 5 p. m.-6 p. m.
These hours may be varied not to exceed one (1) hour either way.
broken hour is to be allowed for each meal for each man.

One un­

112. Lunch Period May Be Varied 1 Hour Either Way Under Certain Conditions
The regular hours of work shall be from 8 a. m. to 12 o’clock noon and from
1 2 :3 0 p. m. to 4 :3 0 p. m., or from 8 a. m. to 12 o’clock noon, and from 1
p. m. to 5 p. m .; provided, however, that the regular lunch period may be
advanced or delayed 1 hour or less for any of the following reasons, namely, (1)
when work which must necessarily be performed on facilities serving a cus­
tomer of company can most conveniently be performed during such customer’s
lunch period; (2) when work must necessarily be performed by reason o f an
interruption to utility service or other emergency having occurred; (3) when
work must necessarily be performed to eliminate a hazard to life or property;
or (4) when the company foreman or other supervisor and the employees in­
volved mutually establish a different lunch period or agree to a temporary
change in the regular lunch period. A change in lunch period for any of the
foregoing reasons shall not be deemed to require the payment of overtime.
113. Work for More Than 5 Hours Without a Lunch Period Prohibited
One full uninterrupted hour as a lunch period, lunch period to be given
between the hours of 11 a. m. and 2 p. m. No employee shall work more than 5
hours without a lunch period.
114. Work in Excess of 5 Hours Without a Meal Period Paid at Overtime Rate
If an employee is worked more than five consecutive hours without a meal
period, all time in excess of five (5) hours shall be paid for at the regular
overtime rate.




21

HOURS OF WORK

M eal A llowance

or

M eal Furnished

by

Employer

115. Cash Meal Allowance if Employee Works 2 Hours’ Overtime
Whenever employees are required to work two (2) hours overtime or longer
after their scheduled quitting time, they will be paid 1 dollar for a meal, ret­
roactive to August 21, 1948. This will be paid in cash at time of notification.
116. Meals Supplied A fter 10 Hours and Every 4 Hours Thereafter
When employees are required to remain for, or are called for overtime work,
the company will make provision to supply such employees with satisfactory
lunches after ten (10) hours, and then every four (4) hours thereafter while
working.
117. Day and Shift Workers To Be Provided One or Two Meals a Day, Depend­
ing on Amount of Overtime Worked
When an employee is not scheduled to work more than his normal shift, the
company will provide lunches as follow s:
A lunch will be provided in the following cases:
1. Day workers continuing past 6 :3 0 p. m. on overtime work, but not
more than four (4) hours’ overtime.
2. Shift workers continuing more than two (2) hours beyond their normal
shift, but not more than four (4) hours’ overtime.
A second lunch will be provided under the following circumstances:
1. Day workers continuing to work more than four (4) hours after 6 :3 0
p. m.
2. Shift workers continuing to work more than six (6) hours’ overtime.
Shift workers scheduled to work more than twelve (12) hours are to be pro­
vided with lunches.
Only in the case where a lunch cannot be provided will the worker receive
lunch money.
118. Cash Meal Allowance if Employees Do Not Receive Advance Notice of
Overtime
As much advance notice for daily overtime work shall be given as possible;
in the event that notice is not given until the same day on which overtime is
performed, the company will pay the sum of fifty (50) cents in lieu of lunch
to each employee required to work ten (10) or more hours on that day.
119. Company Option To Furnish Meal or Meal Allowance to Employee Work­
ing Overtime
The company agrees to furnish lunch to all employees working more than
ten (10) hours in any workday or at the sole option of the company to pay
such an employee the sum of $1.
120. Company Pays for Lunch and Lunch Period if Employee Has Worked
More Than 6 Hours Since Last Lunch Period
Day workers when working overtime will not be required to work longer than
six (6) hours without lunch period. If no other arrangements are made, a
man may leave the plant for sufficient time to eat. Any employee who is re­
quired to work more than six (6) hours after his previous lunch period shall
be given an opportunity to send out for a lunch, to be paid for by the company
if it is not in excess of one ($1) dollar. No deduction will be made from his
wages for the time necessary to eat this lunch.




22

COLLECTIVE BARGAINING PROVISIONS

121. Meal or Meal Allowance and Paid Meal Period for Employees Working
More Than 2 Hours9 Overtime
Any employee required to work more than two (2) hours in addition to a
regular eight (8) hour shift shall be furnished a meal costing not more than
seventy-five (75) cents, or in lieu thereof, seventy-five (75) cents for such
meal at the employer’s expense and shall be allowed time with pay within
which to consume the same, not to exceed 1 hour, if the employee is required to
travel from the plant site for the purpose of said meal or one-half hour if said
meal be furnished on the plant site.
122. Meal Allowance and Unpaid Meal Period for Employees Working More
Than 3 Hours9 Overtime
Any employee who is requested to work three (3) hours or more overtime in
1 day, shall receive supper money in the amount of seventy-five (75) cents and
a thirty (30) minute supper period without pay. The supper period is to be
designated by the employer, which in no event, shall be later than two (2) hours
after completion of an eight (8) hour day.

Traveltime
In the M t. Clemens Pottery case, June 1946, the Supreme Court o f
the United States held that employees’ working time for purposes of
the Fair Labor Standards A ct of 1938 included time spent on the
employer’s premises in traveling to the actual job site, as well as
other nonproductive time related to performance o f the job. Many
suits for back pay for nonproductive time were filed after this deci­
sion, but most of them were nullified by the Portal-to-Portal A ct of
1947. This act relieves an employer from liability under the Fair
Labor Standards A ct for failure to pay an employee for time spent
in traveling and other nonproductive activities preliminary or postliminary to his regular workday, unless such activities are compen­
sable at the time o f their performance by either an express provision
of a written or nonwT
ritten contract, or by a custom or practice at
the place of employment, not inconsistent with such a contract.8
Traveltime provisions are most frequently incorporated in agree­
ments covering miners, public utility construction and maintenance
employees, and other workers whose workplace is likely to be a con­
siderable distance from the entrance to the employer’s premises or
from some central assembly point. A ll time spent in travel from
designated bases to the worksite is considered worktime and paid for
under some agreements. Others allow pay only for travel in excess
of a specified distance or make a flat allowance for traveltime regard­
less of distance. In some cases, the allowance includes compensation
for other types of nonproductive time, as well as traveltime.
A few agreements allow pay for time spent traveling on out-of-town
assignments or to a new location to which the employee has been trans8 For additional details, see Monthly Labor Review, August 1947, pp. 199-202.




HOURS OF WORK

23

ferred. (See Bulletin No. 908-8, General W age Provisions, for
clauses providing payment of expenses on such trips, and clauses re­
lating to pay for traveltime for employees called to work outside their
regular hours.)
In some agreements, pay for traveltime is specifically prohibited,
and the union pledges not to support claims for traveltime made by
individual employees.
123. Traveltime Back and Forth Between Reporting Place and Job Included in
Regular Workday
The working time o f an hourly paid employee shall commence when he has
reported for work at the designated time and place, and time spent at the
beginning of the day's work in going from such place to the job and returning
from the job at close o f the day’s work to such designated place shall be included
in the regular working day for which the employee is to be paid.

124 Traveltime Between Permanent Headquarters and Job, Temporary Head­
quarters and Job, and Between Permanent and Temporary Headquarters
When jobs are located away from permanent headquarters, the necessary
traveltime from such headquarters to and from the job shall be considered as
time worked.
When jobs are located away from temporary headquarters, the necessary
traveltime between such temporary headquarters and the job shall be considered
as time worked.
When temporary headquarters shall be established, the necessary traveltime
required for employees to travel from permanent to temporary headquarters
shall be considered as time worked, excepting in the case of travel by train,
bus or other common carrier, in which event, employee shall not lose any regularly
scheduled time.
125. Portal-to-Portal Pay for Miners
Eight hours from portal to portal shall constitute a regular shift’s work for
all underground men, and a lunch period of 30 minutes shall be considered as
time worked in computing overtime for underground men.
126. Traveltime Allowance for City Bus and Street-Car Operators
The following types of traveltime will be allowed:
1. When a man, in beginning his day’s work, is required to go from his home
station to begin the movement of a car or bus at some distant point;
2. When a man is required to go from a point where he completes one move­
ment of a car or bus to another point to begin another movement of a car
or bus;
3. When a man is required to go from a point where he completes a movement
of a car or bus to his home station to turn in at the end o f his day’s w ork ;
4. When a man completes the movement o f a vehicle at a storage point away
from the home station and is required to return to such storage point to begin
another movement o f a vehicle, traveltime will be allowed, in both directions,
between storage points and the home station.
Provided, that in no case shall traveltime be allowed in excess o f swing time,
and,
Provided further, that traveltime covered by paragraph 4 will be paid to
part-time employees.
879028°—5(



-3

24

COLLECTIVE BARGAINING PROVISIONS

Traveltime shall be computed on the basis of the scheduled running time be­
tween the points by the most direct car and bus routes, plus half the scheduled
headway at the initial point and at transfer points.
12T. Maintenance Employees Allowed Traveltime if They Ride in Company
Vehicle
Maintenance employees who are required to report to a definite place at the
beginning and end o f their workday and who ride in a company vehicle driven
by some other employee, shall be paid for all time spent in traveling from the
place of reporting to place of work and in returning from place o f work to place
of reporting. All such traveltime shall be counted as hours worked for all
purposes.
128. Construction Workers Paid for Traveltime Between Worksite and Job Head­
quarters or Assembly Point. No Traveltime in Metropolitan Area or
Where Living Quarters Are Provided Nearby.
(a ) Time spent in traveling by employees engaged in construction work shall
be compensated only as provided in subsections (b) and (c ) hereof.
(b) When employees are engaged in work on. electric power lines, water dis­
tribution systems, or gas pipe lines which require them to move progressively
along such lines, job headquarters shall be established, and the time spent in
traveling between job headquarters and worksites shall be considered as time
worked.
(c) When regular employees are engaged in work other than that described
in subsection (b) hereof, a point o f assembly shall be designated for each job
in an area where room and board is normally available, and time spent by such
employees in traveling between such points of assembly and worksites shall be
considered as time worked, provided, however, that such traveltime will be paid
only for the period of time during which any such employee is being reimbursed
for board and lodging expense, and provided, further, that the foregoing shall
not apply when any such job is in a town or metropolitan area, or is a station
or hydro job where living quarters are provided on the project or immediately
adjacent thereto.
129. Traveltime Allowed for Distances in Excess of IV2 Miles
Distances walked by employees to and from work in excess o f 1% miles each
way shall be considered actual work and on company time.
130. One-Half Hour’s Pay Per Day for Traveltime
The quarry crews’ time shall start at the quarry; however, a bonus o f % hour
straight-time per day shall be paid for traveltime. This bonus is understood to
be separate and apart from the wage scale.
131. Allowance of 7.35 Minutes P er Day at Time and One-Half for Traveltime,
Changing Clothes, Washing, Receiving Instructions, and Similar Activities
All employees shall be paid for an additional seven and thirty-five hundredths
(7.35) minutes per workday at their regular overtime rate o f pay (time and
one-half (1 % ) their regular rate o f pay as shown in exhibit A hereto attached)
for overtime commonly known as Portal-to-Portal time, that is, time spent by an
employee on the company premises in physical or mental exertion (whether
burdensome or not) controlled or required by the company and pursued neces­
sarily and primarily for the benefit of the company and its business, such as,
but not by way of limitation, time spent on the company premises in walking to
and from the job, changing clothes, washing and receiving instructions from an
employee relieved of a job at the end of the shift, concerning the operation
of the job.



HOURS OF WORK

25

This section 4 shall be subject to, and the company and the union shall abide
by and comply with, all existing and future applicable Federal and State laws,
executive orders, rules and regulations applying to portal-to-portal time or pay,
and the company and the union shall have the right to rely upon and to act in
accordance with any existing or future regulation, ruling, written opinion, or
written interpretations furnished by the representatives of any governmental
officer, board, or agency charged with the administration or enforcement of
such Federal or State laws, executive orders, rules and regulations.
132. Employees Traveling to or from Out-Of-Town Assignments Credited with
8 Hours’ Work Within Each 24 Hours
Employees on out-of-town assignments and traveling to or from out-of-town
assignments shall be credited with eight (8) hours’ work within each 24 hours,
whether or not a full 8 hours have been worked.
133. Employee Transferred to Another Location Paid fo r Traveltime
When an employee is transferred to a job at a location other than his usual
place of abode and at which he is required to establish new living quarters he
shall be compensated for time actually spent in traveling to such new location,
exclusive of stop-overs, provided that he travels by transportation facilities
either furnished or designated by company; such compensation shall be paid at
the straight-time rate of pay for the work he will perform at such new location.
When transportation facilities therefor are not furnished by company or other
mode of transportation is not authorized in advance, reimbursement of trans­
portation expense at the minimum common carrier rate shall be made.
134. Excessive Traveltime Cause for Discipline or Deduction of Time
Travel from the headquarters to the job and from the job to the headquarters
shall be counted as work performed. All employees shall commence and finish
their day’s work at the designated headquarters. Consuming excess time,
lingering or loitering in travel to and from the job shall be cause for discipline
or deduction o f time.
135. No Pay for Traveltime. Claims for Traveltime Not To B e Processed
Through Grievance Procedure and Not To Be Supported by Union.
The company shall not be obligated to compensate for any travel or walking
time or time spent in preparatory or closing activities on the employer’s premises,
for which compensation is not paid under present practices, it being agreed for the
purposes of this agreement that because of the conditions prevailing with respect
to such activities they are not compensable and do not constitute work within the
meaning of the Fair Labor Standards Act.
No claim involving payment for such activities shall be processable under the
grievance procedure herein and the union will neither make any claim nor aid
or support any existing or future claims or actions against the company respecting
compensation for such activities.

Preparatory Activities Related to the Job
M any jobs require certain preliminary activities, such as checking
out and preparing tools, arranging the work space, laying out ma­
terials, etc. Likewise, at the end of the workday, employees may be
required to clean their tools and return them to the tool room and to
put the workplace in order. Under the Portal-to-Portal A ct, time
spent on such activities is considered hours worked for the purposes




26

COLLECTIVE BARGAINING PROVISIONS

o f the Fair Labor Standards A ct, when it is made compensable by
either an express provision of a written or nonwritten contract, or a
custom or practice at the place o f employment, not inconsistent with
such a contract.
Some contracts allow a specific amount of time daily for these
preparatory activities, or provide a graduated scale of allowances
based on the nature of the employee’s work. Other contracts merely
state that a “reasonable” amount of time will be allowed for these
activities.
136. Pay for Time Spent Preparing and Repairing Tools and Equipment
It is agreed that these employees using tools and equipment furnished by the
company will be paid for the time spent preparing and repairing those tools and
equipment as regular time which will be scheduled or handled by the foreman
the same as any other assignment o f work for which he is responsible. This
provision will not be retroactive.
137. Time Allowance for Preparing Machines for Operation
Machine tenders in mills and plants, such as engineers, pump men, sawyers,
edgermen, trimmermen, planermen, etc., are expected to be on the job a few min­
utes in advance o f starting time in order to prepare the individual machines fo r
operation. Such preliminary work, however, shaU be limited to approximately
10 minutes daily and shall be on company time.
138. Company Must Supply Tools Ready for Use or Permit Employees To Prepare
Them on Company Time
The company shall either supply knives, steels, whetstones, and meat hooks
prepared for use at its expense, or permit employees using same, to prepare them
on company time, as the employer may elect.
139. Time Spent Getting Out Stock Considered Working Time
Time getting out stock shall be considered a part of a day’s work.
140. Time Allowance for General Care of Equipment
Motion picture operators on opening shift shall be allowed not less than one-half
(Y 2 ) hour before start o f performance for general care o f equipment.
141. Varying Amounts of Time Allowed Different Types of Employees To Clean
Up Workplace and Equipment, Return Tools, and Wash Up
The present practice of permitting burners and welders 5 minutes to pick up
hose, put away gages and collect material; o f permitting painters 15 minutes to
clean their brushes and wash up; o f allowing employees actually working with
fibre and spun glass 15 minutes to wash u p ; of allowing those engaged in the very
dirty work 5 minutes to wash u p ; of allowing 5 minutes to employees who use
them to put tools borrowed from the tool rooms back in place; o f permitting 5
minutes to employees before quitting time to put away all company and United
States Government materials in their proper place in order to insure said tools*
conservation; all these shall be continued for the life of this agreement without
any loss of time to employees performing the tasks described in this section.
Except as specified, employees shall not quit before whistle time unless special
permission has been obtained from their foreman.
142. Tool Cleaning on Company Time at End of Day
Employees shall be allowed to clean their tools on company time at the end
o f the workday.



HOURS OF WORK

27

143. Checking Tools In and Out Considered Time Worked
It is understood that checking out and checking in tools is time worked.
144. Time Allowed for Return of Tools Dependent on Type of Tools and Distance
From Check-In Point
Reasonable time will he allowed for employees to return tools and other com­
pany equipment at the end of the shift or day, on company time, taking due
account of the distance o f their work from the check-in point, and the nature of
the tools to be handled.
145. Five-Minute Allowance for Employees To Return Pneumatic Equipment or
Bulky Tools
Employees using pneumatic equipment or bulky tools that are not left on the
job, will be permitted to leave their work 5 minutes before quitting time in order
that they may return such equipment and tools to the shops.
146. Employees Working Outside Allowed Time To Return Tools to Plant
A reasonable amount of time will be allowed for employees working outside to
return tools or equipment to plant.
147. Graduated Penalties for Repeated Abuse of Wash-Up and Tool Returning
Time
A 3-minute period shall be provided at the end o f the day for washing up and
putting tools away, and these things are not to be done prior to this period.
Warning will be given any employee caught in the first violation of this regula­
tion, for second violation employee will be subject to a 3-day lay-off, and for
the third violation to discharge unless satisfactory explanation is acceptable to
the Management.

Time Allowance for Washing Up, Changing Clothes, and Making
Reports
Employees are sometimes allowed to wash up on company time,
particularly in those industries where the work is dirty or where ma­
terials handled involve health hazards. Usually, such wash-up time
is allowed only at the end of the shift, but in some instances it is also
granted before lunch. The amount of time allowed rarely exceeds
5 or 10 minutes. Some agreements restrict the wash-up privilege to
employees performing unusually dirty work or allow them more time
than other employees. Specific penalties for abuse of the wash-up
period privilege are provided in some instances.

Time for changing clothes from street to working clothes and vice
versa at the starting and quitting times, respectively, may also be
allowed without deduction in pay. A combined allowance for wash-up
and clothes-changing is sometimes made.
In certain industries such as street and bus transportation, em­
ployees are regularly required to make out reports or time slips or
to turn in receipts at the end of the day’s work. Some agreements
specify that time spent in such activities is to be considered working
time.



28

COLLECTIVE BARGAINING PROVISIONS

148. Paid Wash-Up Periods Before Lunch and Before Quitting Time
The employers agree to allow a 5 minute paid wash-up period before lunch
and a 5 minute paid wash-up period at the close of the working day.
149. Wash-Up and Clothes-Changing Time at Beginning and End o f Shift and
B efore Lunch
The following periods shall be allowed each employee for washing up, chang­
ing clothes and making other preparations for beginning and ending the work
shift and shall be considered as time worked:
Five (5) minutes at the start of his shift.
Ten (10) minutes prior to lunch.
Ten (10) minutes at the end of his shift.
Not more than one of each of the above periods shall be allowed each day.
150. Wash-Up Time Allowed Only to Employees Engaged in Unusually Dirty
Operations
A reasonable amount o f time will be allowed for employees who may be en­
gaged in unusually dirty operations to clean their persons or clothes, but this
shall not apply to the usual or regular class of work, but only to unusually dirty
work. Shower facilities are available for employees but are not to be used during
work time.
151. Length of Wash-Up Period Depends on Job Duties
Twenty minutes wash-up time, without deduction in pay, shall be allowed
each employee before quitting time while actually engaged on manufacturing or
processing of lead powder and on any other operations in the plant which the
parties shall agree are toxic, or which in the opinion of a representative of the
New Jersey Department of Labor are toxic. Such wash-up time for work not
at present determined as being toxic shall become effective only upon such deter­
mination. Fifteen minutes wash-up time before quitting time shall be allowed
without deduction in pay for work performed in bag houses and flues. Ten
minutes wash-up time before quitting time shall be allowed in all other jobs,
except for shift workers, without deduction in pay.
152. Penalty for Abuse of Wash-Up Privilege
Ten minutes prior to the end of each shift a buzzer will sound, and employ­
ees, other than casters and casters' helpers, may use said time for wash-up pur­
poses, but employees must remain in the plant until the end of the shift. Should
any employee violate the wash-up time after two warnings, one-quarter o f an
hour should be deducted from his pay for every violation thereafter*
153. Paid Dressing Period Prior to Quitting Time
Employees will be granted a 5-minute period for dressing prior to quitting
time, and the expense incident to this procedure shall be borne by the employer.
154. Length of Clothes-Changing and Wash-Up Time Varies on Basis o f Number
of Days Worked Per Week
The parties agree that 12 minutes per day is a fair and reasonable allowance
for the time required for the changing of clothes (and wash-up) incident to em­
ployment. Therefore, employees will be credited with 12 minutes working time
per day for changing clothes (wash-up time). The amount of working time
credited for the purpose of computing pay roll and employee time records shall
be computed in maximum weekly amounts as follow s:
Employees working 1 day— % hour allowance
Employees working 2 days— % hour allowance




HOURS OF WORK

29

Employees working 3 days— % hour allowance
Employees working 4 days— % hour allowance
Employees working 5 days—1 hour allowance
Employees working 6 days—1^4 hour allowance
Employees working 7 days—1% hour allowance
Clothes-changing time (wash-up time) will be paid at the employees’ regular
rate of pay.
155. Time Allowed for Changing Clothes Considered Working Time fo r All
Purposes
Twelve (12) minutes per day is a fair and reasonable time for the changing of
clothes by employees covered by this agreement before and after work. The
company shall pay them for such time at their respective regular basic hourly
rates of pay. Such time is to be considered as working time for all purposes
under this agreement.
156. Overtime Bate Paid for Time Spent Changing Clothes A fter a Full 8-Hour
Day
The parties have agreed that fifteen (15) minutes per day constitutes a reason­
able average time consumed by the employees in changing to and from working
clothes and that such time shall be included in hours o f work and compensated
as such. Pay for such dressing time to be computed on the base rate without
regard to night premium.
It is further agreed that if any employee works a full eight (8) hours in any
one (1) day dressing time shall be computed at time and one-half the employee’s
straight-time hourly rate. Unless a full eight (8) hours is worked in a day,
dressing time will be computed at straight time.
It is further agreed that the dressing time allowance will be paid to employees
covered by this agreement only on the days they actually work.
157. Multiplant Agreement: Continuation of Payment for Clothes-Changing,
Wash-TJp, and Other Incidental Time Where Such Payments A re Presently
Made
In the absence of written agreement to the contrary, incidental time such as
make ready, clothes change, wash-up, or traveltime is not either straight-time
worked or overtime worked, provided that such incidental time will continue
to be paid for where such payments are presently made.
158. Time Spent Making Reports Considered Working Time
The time required in making out reports shall be compensated for in the same
manner as is work for which reports have to be made and shall be included in the
regular assigned shift.
159. Three-Minute Allowance for Preparing Time Slips
All employees who are required to make up a time slip shall be allowed three
(3) minutes before quitting time to do so.
160. Transit Operators Allowed Time To Make Out Reports and Turn in Receipts
Trainmen and bus operators will receive an allowance of ten (10) minutes to
make out any report except detention reports, provided, however, that employees
are to be allowed 30 minutes’ pay for making out accident and occurrence reports.
All trainmen and bus operators shall receive five (5) minutes’ preparatory
time at the beginning of their runs er trippers and ten (10) minutes’ time after
car or bus arrives at barn or garage for making out manifest and turning in
receipts at the end of their day’s work.




30

COLLECTIVE BARGAINING PROVISIONS

Meetings Called by Em ployer
Educational, safety, and training meetings are occasionally held
during regular working hours. Most agreements specify that time
spent at such meetings shall be considered working time and paid
for. A few agreements require employees to attend meetings on their
own time but lim it the number and length of such meetings. Meetings
on Sundays and holidays or on union meeting nights are usually pro­
hibited, either by the terms of the agreement itself or by informal
understanding.
161. Employees Compensated for Time Spent at Meetings
Employees required by the company to attend safety or other meetings shall be
paid for all time spent at such meetings.
162. Minimum of 2 Hours' Pay for Time Spent at Meeting Called hy Company
on Employee's Day Off
In the event that a general meeting o f employees or group meeting of the em­
ployees shall be called by the company, the hours spent in such meeting shall
be considered as hours worked and shall be paid for as such. I f an employee
is called in to attend a general or group meeting by the company upon any day
on which he would not otherwise work, then he shall be entitled to pay fo r all
of the hours spent at said meeting with a minimum of 2 hours.
163. Limit on Number and Length of Meetings Held Outside Working Hours
Each employee may be required by his employer to attend not more than two
meetings in each month not held during working hours o f each employee, pro­
vided that such meetings do not last more than an hour each and that notice of
such meetings is given at least 1 day in advance thereof, and provided, further,
that such meetings shall commence not later than the end of such employee’s
working day. For all time in attendance at meetings other than those above
provided for or in excess of the time limit provided for such meetings, the em­
ployees attending the same shall be entitled to be paid at the rate of one and onehalf times his regular scale o f wages. Meetings shall not exceed eighteen (18) in
any contract year.
164. Maximum of 4 Sales Promotion and Training Meetings Per Year Held A fter
H ours; 48 Hours' Advance Notice Required
The company may hold periodic meetings of its employees for the purpose of
promoting sales and for the purpose o f training salesmen. Any meetings o f this
nature may be held after hours, but shall be held at such time as not to impose
any hardship upon the employees. Not more than four such meetings shall be
held in each year. The company shall give not less than forty-eight (48) hours’
notice of such meetings.
165. W eekly Meeting o f Sales People and 2 General Meetings Per Year Without
Overtime Payment
Salespeople may be required to attend one (1) meeting each week for approxi­
mately one-half (y 2) hour without being paid for overtime; in addition thereto,
employees may be required to attend two (2) general meetings each year without
being entitled to overtime.




HOURS OF WORK

31

Completion o f Service to Customers

Agreements covering restaurants and retail trade establishments
sometimes require employees to complete service to customers or finish
a sale after their regular quitting time, without payment for overtime.
However, some of these agreements require payment for overtime if
more than 15 minutes is necessary to complete service.
166. Time Spent Completing Service to Customer A fter Quitting Time "Not Con­
sidered Overtime
Waiters and waitresses shall complete service on a guest notwithstanding the
fact that the employee has reached his or her quitting time and such additional
time shall not be deemed to be overtime.
i

167. Time Spent Completing Service to Customer Not Considered Overtime I f It
Does Not Exceed 15 Minutes
Employees shall finish waiting on a customer notwithstanding the fact that the
employee has reached his or her quitting time and such additional time shall not
be deemed to constitute overtime, provided such additional time does not exceed
15 minutes.
168. Employees Who Work More Than 15 Minutes Overtime To Complete a
Transaction Allowed Overtime Pay or Commissions Earned During
Overtime Period, Whichever Is Greater
Employees waiting upon customers will finish such transaction without over­
time pay for the first fifteen (15) minutes after quitting time. Claims for
overtime thereafter shall be filed with the employer not later than the following
Saturday.
Employees on commission shall receive for overtime periods either the commis­
sions earned during said periods or the overtime pay therefor, whichever is the
greater, in addition to their regular weekly compensation.
169. Any Work A fter Closing Hour of Store To B e Paid fo r at Overtime Rate
A n y w o rk a fte r th e regu la r closin g h ou rs o f th e store a s h erein p rov id ed is,

and shall be, considered overtime work. Overtime work shall be compensated
at the rate of one and one-half times the regular rate o f wages per hour.

Make-Up o f Lost Time
A few agreements allow employees who have lost time from work
during their regularly scheduled hours to make up the lost time. Some
o f these agreements permit make-up only if the time was lost because
of circumstances beyond the employee’s control. A maximum amount
of time which can be made up may be specified. Usually, lost time
must be made up during the same week on the employee’s regular
day or days off. In most cases, make-up work is paid for at a straighttime rate even though it is worked on Saturday, and a premium rate is
ordinarily paid for Saturday work.
Some agreements prohibit make-up of lost time altogether or permit
it only by mutual agreement of the union and the employer. (See




32

COLLECTIVE BARGAINING PROVISIONS

Bulletin No. 908-2, Vacations; Holidays and W eek-End W ork, for
clauses relating to make-up o f time lost because of holidays.)
170. Equal Opportunity Afforded All Employees To Make Up Time at Regular
Rate to Extent Allowed by Fair Labor Standards Act
To the extent allowed by the Federal Wage and Hour Law (Fair Labor
Standards Act of 1938), employees may be permitted to make up at their regular
rate time lost if in the company’s opinion there is work to be performed which
the affected employee is capable of performing. Equal opportunities shall be
afforded all employees in this matter.
171. Time Lost Without Good Reason During Week Made Up on Saturday at
Employee’s Option at Straight-Time Rate
I f any employee shall absent himself from work on a weekday without good
and sufficient reason, and if he wishes to work on Saturday o f that week, he shall
work at straight time up to a total of forty (40) hours for the week.
172. Maximum o f 3 Days Lost Because of Circumstances Beyond Employee’s
Control May Be Made Up on His Regular Days Off
In the event any employee is caused to lose time from his job because o f cir­
cumstances beyond his control, such as the death or sickness of a member of his
family, or by reason of attendance at a funeral, or personal illness (not exceeding
three (3) days) said employee will be permitted to make up the time lost by
working on his regular days off at straight time, i. e., at his regular rate of pay,
providing such work, in the opinion of company, is available in his classification
without the lay-off or demotion of a man o f equal or higher classification.
173. Make-Up of Time Lost Because of Union Activities if Department Operating
on Schedule Which Makes It Permissible
Time lost by employees because o f union activities on their part may be made
up on a straight-time basis provided the department is operating on a schedule
which makes it permissible.
174. Make-Up of Lost Time by Mutual Agreement of Grievance Committee and
Management
By mutual agreement between the grievance committee and the local manage­
ment, employees who, due to personal reasons or operating emergencies, fail
to complete the hours worked in the operation in which they are employed
within their scheduled five (5) days of work within the regularly scheduled
workweek may be permitted, if work is available in which they are regularly
employed, to make up within the regularly scheduled workweek such time lost
to a maximum of forty (40) hours without the payment o f overtime rates.
175. Lost Time To Be Made Up Within Same Scheduled W eek; Consent of
Department Head Required
Upon request, and with the consent of the department head, employees may
make up time lost within the same scheduled week; provided the company is not
penalized thereby.
176. Company Not Required To Schedule Saturday Work To Make Up Time Lost
It is agreed that even though time is lost due to bad weather, shut-downs or
unavoidable conditions, the company is not required to schedule work for Satur­
day of that week to make up the time lost.
177. Make-Up of Lost Time Prohibited
No member of this union shall be allowed to make up lost time for any reason
whatsoever.




HOURS OF WORK

33

Tardiness
Agreements vary considerably in their provisions regarding tardi­
ness at the beginning of the shift or after the lunch period. In some
instances, no deduction from pay is made for tardiness if it does not
exceed a few minutes (usually 3 or 5) or if the employee is not tardy
more than a specified number of times during the month. Other
agreements deal with tardiness in stricter fashion: A minimum o f
15 or 30 minutes5pay may be deducted each time the employee is tardy,
or the tardy employee may not be allowed to begin work until the
next quarter hour after his arrival.
Various penalties may also be imposed for failure to punch the time
clock or for punching it improperly. (See Bulletin No. 908-5, D is­
charge, Discipline, and Q uits; Dismissal Pay Provisions.)
178. Tardiness o f 3 Minutes or Less Excused
Lateness which does not exceed 3 minutes on reporting for duty and returning
from meal periods shall not be docked.
179. No Deduction for First Tardiness in Each Month if It Does Not Exceed
5 Minutes
An employee will be granted only 1 day of lateness per week and that not to
exceed 5 minutes, without loss o f time.
180. Minimum of 15 Minutes Deducted for Emh Tardiness
If an employee reports late for work, he shall have a minimum of fifteen (15)
minutes deducted from his straight-time hours for such lateness; and he shall
not receive overtime pay until he actually has worked a total of full eight (8)
hours or full forty (40) hours.
181. Minimum o f One-half Hour Deducted fo r Each Tardiness Exceeding 3
Minutes; Two 10-Minute Tardiness Per Month Excusable
Tardy employees shall receive a deduction o f one-half hour for being late over
3 minutes and less than one-half hour, except, however, that no deductions will be
made for the first two tardinesses in each month not exceeding 10 minutes.
182. Deduction of ViQ of an Hour for Each 6 Minutes’ Tardiness or Fraction
Thereof
A penalty of one-tenth (^ o ) of an hour’s pay will be deducted for each six (6)
minutes or fraction thereof o f time lost due to tardiness.
183. Employee Not To Begin Work Until Next Quarter-Hour if More Than 5
Minutes Late
I f an employee is more than five (5) minutes late, at the start o f a shift or
after a lunch period, he will be required to wait until the start of the next fifteen
(15) minute period to go to work.
184. Penalty Deductions for Tardiness; Employee Not Required to Work During
Penalty Period
A penalty o f Vio o f an hour will be given an employee who punches in three (3)
to six (6) minutes late. For tardiness beyond six (6) minutes intervals will
apply: i. e., up to twelve (12) minutes, minus 2 o f an hour; up to eighteen (18)
/io
minutes minus 3 o f an hour, etc. An employee shall not be required to work
/io
during the penalty period.



34

COLLECTIVE BARGAINING PROVISIONS

185. Habitual Tardiness Subjects Employee to Discipline
The starting time of a tardy employee will be according to schedule if the
tardiness is excusable and less than 5 minutes. In the case o f an employee being
tardy more than 5 minutes, his starting time shall be the time at which he begins
work if he is permitted to do so. Employees who are habitually tardy shall be
subject to discipline.
186. Penalty Graduated According to Number o f Times Employee Is Tardy
Regular and extra coach operators reporting late for duty shall lose their
place for one (1) day. Reporting late a second time within (80) days, dating
from date of first miss, they shall lose their place for two (2) days. Reporting
late a third time within thirty (30) days, dating from date of first miss, they
shall be disciplined not to exceed three (8) days.
187. Penalty for Failure To Punch Time Clock Properly
Employees so required by the company shall punch in on the time clock on
their own cards only, and not earlier than 15 minutes before actually going on
the job. They shall punch out likewise immediately upon leaving the job.
Employees punching in over 5 minutes late shall not receive time until the begin­
ning o f the next half hour period. Employees failing to punch or to punch
properly, shall have Y2 hour’s pay deducted for each such failure.
188. Burden of Proof on Employee if He Fails To Punch Time Clock and Claims
He Was Present
I f an employee fails to punch his time card, he must bring the matter to the
attention of his foreman or the supervisor in charge of the department and the
employee will be required to prove to his foreman or the supervisor in charge o f
the department that he was at work during the time for which the employee
wants credit. The card must bear the approval o f the foreman or the supervisor
in charge of the department before any such credit is given.




Chapter 2.— Overtime Pay
Introduction
Protection of hours of work standards by the requirement of a
higher-than-regular rate of pay for overtime work has been a tradi­
tional policy with organized labor. Alm ost every union agreement,
therefore includes provisions governing overtime work.
In some highly seasonal industries, union agreements prohibit over­
time entirely. Examples are the men’s and women’s clothing indus­
tries. In these cases, the prohibition o f overtime tends to lengthen
somewhat the busy season and to curtail the periods when the shops
in the industry are shut down. In other seasonal industries, however,
restrictions on overtime work are relaxed during the busy season.
Under some agreements, overtime work is prohibited only when
there is some unemployment among members o f the union. A varia­
tion of this type of provision prohibits overtime until plant facilities
are being utilized fu ll time.
In some instances, overtime as such is not entirely prohibited, but
the time permitted is so small as to mean a virtual prohibition. The
object is to cause the hiring of additional employees instead of having
available work done on overtime.
To avoid extreme fluctuations in daily employment, the maximum
number o f daily hours, as well as weekly hours, is often specifically
stated. I t is further provided in the majority of cases that overtime
rates are to be paid for any work in excess of the daily hours, as well
as for work in excess of the established hours per week.
The most common overtime rate is time and a half the regular rate,
although some agreements require double time. In some instances, a
graduated scale is provided; for example, time and a half for a speci­
fied number o f hours o f overtime and double time thereafter. In
others, certain groups of employees, such as maintenance workers, are
excluded from overtime payments. Under a few agreements, over­
time rates are waived for a given number o f weeks during busy
seasons.
Payment o f overtime is governed to a great extent by law. The
Fair Labor Standards A ct provides that for all work in excess o f 40
hours a week, any employee who is engaged “ in commerce or in the
production o f goods for commerce” shall be paid “one and one-half
times the regular rate at which he is employed.” However, employers
o f workers in certain occupations and in some industries avail them­
selves o f partial or complete exemptions from this overtime provision.




35

36

COLLECTIVE BARGAINING PROVISIONS

For example, year-round exemption is available for employees engaged
in agriculture and, under certain conditions, in certain processing of
stated agricultural products; administrative, executive, and profes­
sional employees; switchboard operators in small telephone exchanges;
employees on small newspapers; employees employed by retail and
service establishments which engage primarily in local trade; fisher­
men and allied workers; and certain transportation workers including
seamen but not including dredge workers, port workers, roustabouts,
and stevedores. Complete exemption from the overtime provision,
during a period or periods not exceeding 14 workweeks in the aggregate
in any calendar year, is available under certain conditions for em­
ployees engaged in specifically enumerated operations on agricultural
commodities. In industries of a seasonal nature, a partial exemption
from the overtime provision is allowed, i. e., for a period or periods
of not more than 14 workweeks in the aggregate in any calendar year,
the overtime rate is required only for hours after 12 a day or 56 a week.
The W alsh-Healey Public Contracts A ct of 1936, applicable to work
performed under contracts with the United States Government for
the manufacture or furnishing of supplies and equipment in amounts
exceeding $10,000, requires time and a half for work in excess of 8
hours a day or 40 hours a week.
One of the most troublesome aspects of overtime is the determination
of the employee’s “ regular rate” upon which are based overtime pay­
ments required by the Fair Labor Standards A ct. The general for­
mula for determining the employee’s regular rate is to divide his
weekly earnings (excluding any overtime premium) by the total num­
ber of hours he worked during the week.
The pyramiding of overtime (payment o f more than one type of
overtime premium for the same hours of work) is prohibited by most
agreements. However, the United States Supreme Court, in the long­
shore cases, in June 1948 held that a higher rate paid for working on
certain days, such as Saturdays, Sundays, and holidays, or at certain
hours o f the day, is not a true overtime premium and therefore, cannot
be offset against overtime payments required by the Fair Labor Stand­
ards A ct. The court held that only premiums for work in excess of
a bona fide standard number o f hours a day, or days in a week, are true
overtime premiums under the act.1
A n amendment to the Fair Labor Standards A ct, H . R . 858, “ an
A ct to clarify the overtime compensation provisions of the F air Labor
Standards A ct,” was passed by the Congress and signed by the Presi­
dent on July 20,1949, taking effect immediately. Under this amend­
ment, the types of premium payments which may be excluded from
1 See Bulletin No. 908-2, Vacations ; Holidays and Week-End Work. See also chapter 3,
pp. 73-80, Shift Operations, for clauses concerning premium pay for undesirable hours.




OVERTIME PAY

37

computation o f the regular rate and offset against the overtime
requirements of the Fair Labor Standards A ct include:
(1) Extra compensation provided by a premium rate paid to the
employee for certain hours worked in any day or workweek because
such hours are hours worked in excess of 8 in a day or 40 in a work­
week or in excess of the employee’s normal working hours or regular
working hours, as the case may be;
(2) Extra compensation provided by a premium rate paid to the
employee for work on Saturdays, Sundays, or holidays, or regular
days of rest, or on the sixth or seventh day of the workweek, provided
such premium rate is not less than one and a h alf times the rate
established in good faith for like work performed in nonovertime
hours on other days;
(3) Extra compensation provided by a premium rate paid to the
employee under an applicable employment contract or collective bar­
gaining agreement, for work outside of the hours established in good
faith by the contract or agreement as the basic, normal, or regular
workday of not more than 8 hours or as the basic, normal, regular
workweek of not more than 40 hours, provided such premium rate is
not less than one and a half times the rate established in good faith
by the contract or agreement for like work performed during such
workday or workweek.
Other aspects of overtime work dealt with by many agreements
include time off in lieu of overtime p a y ; lay-off to avoid payment of
overtime; what constitutes hours worked for overtime purposes; and
distribution of overtime work among the employees.
When Overtime Rate Is Payable
The overtime rate is usually applicable to work in excess of 8 hours
a day or 40 hours a week. In some instances, all work performed out­
side the employee’s regularly scheduled daily hours is also considered
overtime work, regardless of whether it is in excess of 8 hours. I f
the employee is on a rotating shift basis, and a regular shift causes
him to work two shifts within a 24-hour period, the second shift is
usually not considered overtime.
The agreement may establish a standard workweek of more or less
than 40 hours but make the overtime rate applicable after 40 hours.
In rare instances, payment at the overtime rate is required only after
12 hours a day or 56 hours a week. This is permissible under two
provisions of the Fair Labor Standards A ct. Under section 7 (b) (1 ),
the agreement must lim it employment to 1,040 hours in any period of
26 consecutive weeks. Under section 7 (b) (2 ), the employees must
be guaranteed annual employment. Annual employment guaranteed
may be for 1,840 up to 2,080 hours in a year, or for not less than 46
normal workweeks of at least 30 hours per week. A fter the guaran­



38

COLLECTIVE BARGAINING PROVISIONS

teed hours have been completed, time and a half must be paid for
each hour worked beyond 40 in a week, if the guarantee is for less
than 2,080 hours. A ll hours worked beyond 2,080 in the contract year
must be paid for at time and a half. The employees may not work
more than a maximum of 2,240 hours in the year.2
A few agreements covering a number of employers require overtime
payments after a workweek of 40 hours if the operations are covered
by the Fair Labor Standards Act and after a longer workweek if they
are not so covered. A few other agreements covering employers, some
or all of whose employees are exempt from the Fair Labor Standards
A ct, require overtime payments after 40 hours but specify that the
employer is not precluded from taking advantage of the exemption
in the future.

Many agreements have special overtime provisions relating to plant
protection employees and others who work irregular schedules. Such
employees may be required to work a longer workday than employees
on regular schedules before the overtime rate is applicable, or they may
receive only weekly overtime. Employees on the third shift some­
times receive overtime pay after a shorter workday than that of em­
ployees on other shifts.
Some agreements merely state that overtime payments will be made
in accordance with State or Federal laws.
A few agreements specify that the employee w ill be paid for a
minimum of 15 or 30 minutes’ overtime if he is required to work any
overtime at all.
1. Overtime Paid in Compliance With Fair Labor Standards Act
Time and one-half will be paid in compliance with the provisions o f the Fair
Labor Standards Act.
2. Payment of Overtime To Conform to Applicable State and Federal Laws and
Regulations
The payment of overtime wages will be such as conform to the acts, orders,
decrees, and regulations of the Federal or State governments, or any agencies
thereof having jurisdiction over the business operation of the company.
3. Overtime Rate for Hours Exceeding 8 Per Day
Time and one-half shall be paid for all over 8 hours’ work in 1 day.
4. Overtime Rate for Hours Exceeding 7 Per Day
All work performed in excess of seven (7) hours worked during any day o f the
regular workweek and all work performed on Saturday and Sunday shall be paid
for at one and one-half the regular rate of wages.
5. Food Processing Agreement: Overtime Rate for Hours Exceeding 10 Per Day
on Nonperishable Pack, and for Hours Exceeding 12 Per Day or 72 Per
W eek on Perishable Pack
(a) The provisions of the Fair Labor Standards Act as such act now exists
or as it may be amended or changed by any legislation by the Congress of the
2 Fair Labor Standards Act, as amended, 1949, section 7 (b) (2).




OVERTIME PAY

39

United States and the provisions of the Walsh-Healey Act, when applicable,
shall govern the payment o f overtime wages, except that in addition thereto work
on holidays and work on Sunday shall he paid for at the rate of double time.
(6)
In addition to the above provisions for premium pay, the company further
agrees to pay time and one-half the regular rate for all hours in excess o f 10
hours in any 1 day on nonperishable pack and for all hours in excess o f 12
hours in any 1 day or 72 hours in any 1 week on perishable pack, but the
premium pay hours provided for in section (a ) and section (b) o f this article
III shall not be pyramided.
6. Overtime Rate Applicable for All Time Worked if Employee Required To Work
24 Consecutive Hours
Daily overtime will be paid at time and one-half for all hours worked in
excess of eight (8) within a twenty-four (24) hour period beginning with the
first hour worked.
Penalty pay o f one and one-half the employee’s regular rate shall be paid
for all hours worked subsequent to a working period o f sixteen consecutive
hours until the employee has had a rest period of eight consecutive hours.
Penalty pay of one and one-half the employee’s regular rate shall be paid
for all time worked from the first hour if an employee works twenty-four (24)
consecutive hours or more.
Time taken out for meals shall not be considered as breaking continuous and
consecutive hours of work when making application o f the clauses in this section
pertaining to 16- and 24-hour periods of consecutive work.
7. Daily Overtime Rate Not Paid When Regular Shift Change Causes Employee
To Work 2 Shifts Within 24-Hour Period
Time and one-half shall be paid for all time worked in excess o f 40 hours per
week and in excess of 8 hours in any 24-hour day, except when regular shift
changes cause an employee to work two shifts in such 24-hour period.
Time and one-half shall not be paid twice in any week for the same hours
worked.
8. Overtime Paid for Work in Excess of 40 Hours Weekly
Overtime shall be paid for work in excess of 40 hours in accordance with the
provisions, requirements, and regulations of the existing Fair Labor Standards
Act of 1988 and other existing labor legislation.
9. Association Agreement: Overtime Rate A fter 40 Hours Per Week in Large
Shops and A fter 48 Hours in Small Shops
All work over forty (40) hours in large shops or forty-eight (48) hours in small
shops is considered overtime and is paid at the rate of time and a half.
10. Association Agreement: Overtime Rate Paid A fter 40 Hours by Employers
Covered by Federal Wage and Hour Act and A fter 44 Hours by Employers
Not Covered
All employers who are not working under the rules and regulations o f the
Federal Wage and Hour Act, shall pay their employees one and one-half times
the regular rate o f pay for all time worked over 8 hours in any 1 day or over
forty-four (44) hours in any 1 week.
All employers who are working under the rules and regulations o f the Federal
Wage and Hour Act, shall pay their employees one and one-half times the
regular rate of pay for all time worked over 8 hours in any 1 day or over forty
(40) hours in any 1 week.
879028°— 50------£




40

COLLECTIVE BARGAINING PROVISIONS

11. Regular Workweek of 48 Hours but Overtime Paid A fter 40 Hours’ Work
The regular workweek shall be forty-eight (48) hours and time and one-half
shall be paid for all time worked in excess of forty (40) hours. The establish­
ment of a regular workweek of forty-eight (48) hours shall not prevent the lay­
ing off o f junior employees for lack of work at any time during the week and this
forty-eight (48) hour workweek schedule shall not apply if the plant is neces­
sarily closed because of fire, tornado, or other reasons beyond the control of
management.
12. Regular Workweek of 37% Hours but Overtime Paid A fter 40 Hours
Regular workweek shall consist of 87% net working hours (including paid
relief time) to be worked in five equal days of not more than eight gross hours.
The hourly rate shall be determined by dividing the regular weekly rate
by 371/2.
In each full tour of duty o f eight gross hours there shall be one-half hour of
unpaid lunch relief and two paid short reliefs of 15 minutes each, making a
total of 7% paid hours in each regular tour.
All time worked per day in excess of the regular tour shall be considered net
overtime. All time worked in excess of 37% net hours per week (including paid
relief time) shall be considered net overtime.
The first 2% hours of net overtime shall be paid for at the regularly hourly
rate. All net overtime in excess of 2% hours shall be paid for at time and onehalf the regular rate.
13. Specified Classification of Pieceworkers To Receive Overtime Allowance
A fter 35 Hours Per Week. Impartial Chairman To Determine Whether
All Pieceworkers Are To Receive Time and One-Half A fter 35 Hours Per
W eek, if Joint Board Unable To Agree
For the ca len d a r y ea r 1949, a ll overtim e shall be p a id to m illiners, trimmers,
copyists, and pasters on piecework at the rate of fifty (50) cents per hour addi­
tional between thirty-five (35) and forty (40) hours per week, and time and
one-half for overtime above forty (40) hours per week; blockers and operators
on piecework shall be paid time and one-half above forty (40) hours per week.
Work on Saturday shall be computed at time and one-half. Where there is not
a full week’s work, piecework operators and blockers shall receive time and
one-half above eight (8) hours of work during a working day.
It is agreed that on or about November 1, 1949, the administrative board
shall meet to act upon the survey and study made with respect to the ability of
the industry to pay its pieceworkers time and one-half after thirty-five (35)
hours. In event the administrative board shall be unable to agree with respect
to this matter, the controversy shall be promptly submitted to the impartial
chairman for final decision, which decision shall be binding upon the parties
hereto.
14. Overtime Rate Paid for Work A fter 8 Hours Daily or 40 Hours Weekly
Employees who are required to work over eight (8) hours in any 1 day or
forty (40) hours in any 1 week will be paid one and one-half (1 % ) times the
regular rate for all such overtime hours. It is understood that employees
will not be paid daily and weekly overtime for the same hours.
15. Overtime Rate A fter 12 Hours Per Day or 56 Hours Per W eek ; Workers
Not To Be Employed More Than lfiOO Hours During Any Period of 26
Consecutive Weeks
Anything in this agreement to the contrary notwithstanding, it is agreed
that no man shall be employed or shall work more than one thousand (1,000)
hours for any single employer during any period of twenty-six (26) consecutive



OVERTIME

pay

41

weeks commencing at 8 a. m. on Monday, December 6, 1948. When a man has
worked nine hundred fifty (950) hours in any such period o f twenty-six (26)
consecutive weeks for any one employer, such employer shall notify the dis­
patcher and such man shall not be further dispatched in such period to such
employer for additional work which will exceed said one thousand (1,000)
hour limitation. When a man has worked the maximum number o f hours
permitted by this subsection for any employer, he shall be dismissed and
when a man has worked twelve (12) hours in any workday or fifty-six (56)
hours in any workweek for any such employer, he may be dismissed. On such
dismissal, payment shall be made only for the hours actually worked up to
the time o f such dismissal and the man so dismissed shall not thereafter be
dispatched to such employer during such workday, workweek or twenty-six (26)
consecutive weeks’ period, as the case may be. Time and one-half the regular
rate as prescribed by Section 7 (b) of the Fair Labor Standards Act of 1938
shall be paid for the time worked for any such employer in excess of twelve
(12) hours in any workday or in excess o f fifty-six (56) hours in any work­
week. Any time worked, whether as a longshoreman or as a carloader, dock
worker, or other category o f employee, for an employer party to this agree­
ment shall be considered time worked for the purposes of this paragraph.
Paid traveltime likewise shall be considered time worked for the purpose of
this paragraph.
In applying this provision, it is agreed that the over-all work opportunity
of longshoremen of a port shall not be reduced and present methods o f equal­
ization of work opportunity and earnings interfered with.
The union agrees to forthwith secure the certification required by Section
7 ( b ) (1) of the Fair Labor Standards Act of 1938.
The employers shall have the right at their discretion to terminate the
provisions of the foregoing paragraphs upon 5 days’ notice to the union. If, by
legislation or court decision, the obligations and rights of the parties to this agree­
ment with respect to overtime under the Fair Labor Standards Act should be
altered then the provisions of the foregoing paragraphs shall be subject to
renegotiation.
16. Overtime Bate Paid A fter 8 Daily or 1 0 Weekly Hours in Some Depart­
^
ments; A fter 6 Daily or 36 Weekly Hours in Other Departments
For 8-hour departments time and one-half will be paid for all hours worked
over 8 in any 1 day or over 40 in any 1 week. For 6-hour departments time
and one-half will be paid for all hours worked over 6 in 1 day or over 36 in 1
week.
17. Daily and W eekly Overtime for All Employees Except Willful Absentees
and Watchmen Who Are Paid Only Weekly Overtime
Time and one-half shall be paid to all employees covered by this agreement
for overtime in excess o f 8 hours in 1 day or 40 hours in 1 week, except in
the case of watchmen and willful absentees who shall only receive weekly
overtime.
18. Overtime Rate Paid for Work Before Regular Starting Time
I f an employee is called to work before his or her regular starting time, he
or she will be paid time and one-half for such time and will be allowed to
work through the regular hours o f his or her shift.
19. Overtime Pay Plus Bonus if Called To Work Before Specified Hours
Members employed on day shifts when called to work at or before 5 a. m.
«$2 extra shall be charged in addition to the overtime; and when called to
work before 7 a. m. $1 extra shall be charged in addition to the overtime.



42

COLLECTIVE BARGAINING PROVISIONS

20. Overtime Rate Paid for Work A fter Specified Hour
It is understood and agreed that no worker shall be required to work over­
time. However, in the event it becomes absolutely necessary for overtime
work to be done, such work shall be performed at the rate of one and onehalf times the regular rate o f pay for all employees. All work performed
after 5 p. m. of any weekday shall be paid for at the overtime rate.
21. Employee Paid Overtime Rate fo r All Work Performed if Requested To
R eport B efore or A fter His Regular Starting Time, Except in Special
Cases
There shall be a specified starting time for the various employees and if
any employee or employees are requested to report for work before or after
their regular starting time, they shall be paid for that time at the rate of
time and one-half except those cases now existing and except special cases
where there is an agreement between the company and the union.
22. Time Worked B efore and A fter Regular Starting and Quitting Time o f
Shift Considered Overtime
Each shift shall have a specified starting and finishing time. Any time
worked prior to the starting of the shift and after the termination o f the shift
shall be considered overtime.
23. Time and Eight-tenths for Work Outside Regular Hours, in Lieu of All
Previous Overtime Payment Practices
For time worked outside of regularly scheduled working hours, time and
eight-tenths (1.8) shall be paid. The company and the union agree that this
overtime rate of time and eight-tenths (1.8) is in full compensation for, and
in lieu of, all previous overtime payment practices, including lunch periods and
traveltime allowances.
24. Employee Credited with One-half Hour of Overtime if He Works Any Part
of the Half-Hour
For the purpose of computing overtime under this article, an employee work­
ing any part of the first thirty (30) minutes o f any overtime hour shall be
considered as having worked one-half (% ) hour and an employee working more
than thirty (30) minutes of any overtime shall be considered as having worked
one (1) hour.
25. Employee Credited with One-quarter Hour of Overtime if He Works Any
Part of the Quarter-Hour
For the purpose of computing overtime, an employee required to work any
part o f the first 15 minutes of any overtime hour shall be considered as having
worked one-quarter hour and by quarter hours thereafter.
26. No Overtime Premium for Less Than One-Quarter o f an Hour
Overtime premium will not apply for any time less than one-quarter (% ) o f
an hour.
27. Company Reserves Right To Withhold Premium Pay if Absenteeism of
Individual Is Unreasonable; Company Action Subject to Grievance
Procedure
Time and one-half shall be paid for all work over forty (40) hours in any
one workweek; for hours worked over and beyond eight (8) per day; and for
hours worked on Saturday provided that there shall be no duplication of daily
and weekly overtime. This clause shall not apply to probationers and the




43

OVERTIME PAY

company reserves the right to withhold such premium pay in individual cases
if infthe opinion of the company absenteeism o f such individual is unreasonable.
However the opinion of the company and its action in such cases shall he
subject to the grievance procedure.
28. Overtime Pay Requirements Waived in Emergencies Resulting From Disasters
Provisions for the payment of overtime wherever they may appear in this
agreement shall not apply to any employee employed in such extraordinary emer­
gencies as those resulting directly from fire, flood, storm, or other Acts of God.
Provided, however, that payment shall be made in any case as required by the
Federal Fair Labor Standards Act at regular rates.

Overtime P ayments

to

Special Groups

of

E mployees

29. Overtime Rates Not Applicable to Watchmen and Janitors Working Ir­
regular Schedules, but Compensation To Be in Accordance With Fair
Labor Standards Act
Overtime rates set forth herein do not apply to watchmen and janitors whose
regular work assignment does not conform to the regularly scheduled workweek,
but compensation to such employees shall be in accordance with the Fair Labor
Standards Act.
30. Daily Overtime A fter 9 Hours for Watchmen, 8 Hours for Other Employees
Overtime at the rate of time and one-half o f the hourly rate shall be paid
for all hours worked in excess of 8 hours per day by employees other than
watchmen and 9 hours per day by watchmen, or 40 hours per week, whichever is
greater.
31. Special Schedule for Guards and Firem en; Overtime Rate fo r All Time
Worked Outside Schedule
In the case o f guards and firemen, where continuous operation is necessary,
a working schedule shall be arranged so that efficient protection o f the property
is assured. All time worked outside of this working schedule shall be con­
sidered overtime and paid for at the proper overtime rate.
32. Truck Drivers To Receive W eekly Overtime but Not Daily Overtime
All time worked in excess of an 8-hour day shall be paid fo r at one and onehalf times the regular rate o f pay. All time worked over forty (40) hours
per week shall be paid for at one and one-half times the regular rate of pay.
Except city or overland truck drivers—no daily limit, and forty (40) hours
per week, with time and one-half for all over forty (40) hours per week.
33. Multiplant Agreement: Truck Drivers Receive Weekly Overtime A fter 48
Hours Unless More Favorable Local Arrangements Exist
Where truck drivers are included in the local plant bargaining unit, time
and one-half shall be paid for all hours worked by such truck drivers in excess
of 48 in any 1 week, provided that where a local arrangement with reference to
either daily or weekly overtime now in existence is more favorable to the drivers
it shall continue. It is understood that employees shall not be paid both daily
and weekly overtime for the same hours.
34. Licensed Deck Officers Receive Overtime Pay A fter 8 Hours a Day, Except
in Case o f Emergency, and A fter 48 Hours a Week
Four hours shall constitute a watch and two watches shall constitute a
day’s work. All work done at sea by licensed deck officers in excess o f 8 hours




44

COLLECTIVE BARGAINING PROVISIONS

a day, except that necessary in case of emergency for the safety of the pas­
sengers, crew, vessel, vessel’s machinery, or cargo, shall be paid for as overtime.
.No work shall he performed on Saturday afternoons, Sundays, or holidays except
that necessary for the navigation and safety of the vessel, provided that all
licensed deck officers shall stand their respective watches as required by law.
The day’s work for a licensed deck officer not required to stand watch shall
be eight consecutive hours with 1 hour allowed for meals. All work in excess
of 8 hours between midnight and midnight at sea shall be paid for at overtime
rates except as otherwise provided in this agreement.
All licensed deck officers whose basic workweek is 56 hours at sea shall be
paid overtime for hours o f work in excess of 48 hours per week. It is understood
that for the purpose of this paragraph all work performed on Sunday at sea
shall be paid for at the overtime rate.
35. Daily Overtime A fter 6% Hours for Third-Shift Workers, A fter 8 Hours for
Other Workers
Work after 8 hours on the first and second shifts shall be paid at the rate of
time and one-half. Work on the third shift, after 6% hours, shall be paid at the
rate o f time and one-half.
36. Weekly Overtime Pay for Manager or Substitute Manager
When requested by the employer to work an additional one-half ( ) day
beyond the 5-day workweek, a manager or a substitute manager shall receive
one-tenth (%o) of his base pay and if requested to work one full day beyond the
5-day workweek, a manager or a substitute manager shall receive one-fifth ( % )
of his base pay.
37. Payment of Overtime to Employees Exempt From Fair Labor Standards Act
Not To Preclude Company From Taking Advantage of Exemption in Future
The union recognizes that some departments of the company’s plant are exempt
from the Fair Labor Standards Act, however, the company agrees to pay overtime
in excess of the hours as established herein, to all employees, during the life of
this agreement. It is understood that nothing herein contained shall preclude
the company from taking its exemption under the Fair Labor Standards Act in
future years.

Computation o f Hours Used as Basis for Overtime
M any agreements spell out in detail what does and does not consti­
tute time worked for purposes of computing overtime, i. e., what hours
are to be considered part of the workday or workweek which is to be
used as the basis for overtime. In some instances, time lost because of
illness, injury, death in the employee’s immediate fam ily, jury duty,
holidays, production difficulties, and lack of work is considered as time
worked for overtime purposes. Time spent by union representatives
in adjusting grievances during working hours is usually counted as
time worked.3 I f the agreement allows pay for traveltime and time
8 The Department of Labor’s Wage and Hour Division, which administers the Fair Labor
Standards Act, has taken the position that all time spent by employees during their regular
working hours, in grievance meetings or conferences with management, in accordance
with the established grievance procedure in the plant, must be counted as time worked
for the purposes of the act.




OVERTIME PAY

45

spent preparing for work and cleaning up after work, such time is
included in the basic hours upon which overtime is computed (see
chapter 1, Hours of W ork, pp. 2 2 -2 9 ).

Generally, no credit is allowed for overtime purposes for time lost
due to unauthorized absence or for personal reasons.

38. Time Off for 9 Specified Reasons Counted as Time Worked in Computing
Overtime
Time off for the following reasons shall be counted as time worked for the
purpose of computing overtime:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)

When an employee is absent because of sickness of the employee or
sickness or death in the employee’s immediate family.
Holidays.
V acation time.
Jury duty or subpena into court.
When no work is available.
During the first week o f employment.
Union duty where authorized by the agreement.
Part time days.
Authorized absences.

39. Time Lost Through Production Difficulties or Any Fault of Company Counted
as Time Worked
Time lost through production difficulties or any fault of the company shall be
figured as time worked in computing overtime.
40. Days Lost Because of Lack of Work, or Sickness or Injury Occurring in
Plant Counted as Days Worked
A day shall be computed as a day worked for the purpose of calculating over­
time whenever an employee has reported for work and has been sent home
because of lack of w ork ; or has worked part of the day and been sent home
for lack of w ork ; or has been told not to come in because of lack o f w ork ; or
has been sent home by the company for either sickness or injury occurring at
the plant.
41. Time Lost Because o f Death in Family or Civic Duties Counted as Time
Worked
An employee who loses time during the workweek because o f death in im­
mediate family (father, mother, wife, husband, children, and mother-in-law or
father-in-law if living with employee), civic duties (jury, State or National
Guard) shall have such lost time construed as time worked in computing any
overtime.
42. Time Spent by Union Representatives on Union Duties During Working
Hours Considered Time Worked
In the event a steward, committeeman, executive board member, or an officer
of the union is called from the job during the day because of union duties under
this contract, the time so taken shall, for the purposes of computing overtime pay,
be considered as time actually worked.
43. Recess Counted as Time Worked Unless Recess Caused by Public Utility
Failure
Employer may declare work recesses of not less than one (1) hour and not
more than two (2) hours. Except in those instances when such recesses are




46

COLLECTIVE BARGAINING PROVISIONS

caused by failure of public utilities, such as electric power, water supply, or
sewage disposal serving the plant or transportation failure (providing company
shall deal with responsible and reliable transportation firms), the duration of
such recess shall be counted as time worked for the purpose of determining when
overtime rates o f pay become effective.
44. Holiday Counted as Time Worked
Holidays occurring during the workweek shall be computed as a day worked
in arriving at Saturday overtime hours.
45. Hours Worked on Holidays Counted in Computing Weekly Overtime, Even
Though Holiday Paid for at Premium Rate
Hours worked on holidays, even though paid for at double time, will be counted
as hours of work in computing hours in excess of forty (40) per week, provided
the holiday occurs during the first forty (40) hours of work during the workweek.
46. Time Lost Because of Vacation, Sick Leave, and Holidays Counted as Time
Worked
Days allowed for vacations, sick leaves, and holidays, but not worked, will
be considered as eight (8) regular hours worked for the purpose of computing
the amount of hours that will be paid at time and one-half over forty (40) hours.
Employees working on holidays will be credited with actual hours worked in
addition to the eight (8) hours paid because it was a holiday. The above
applies to weekly and monthly workers who are paid time and one-half in
excess o f forty (40) hours per week and eight (8) hours in any 1 day.
47. Time Lost Because of Lay-Offs or Shut-Downs Counted as Time Worked.
Absence for Personal Reasons Not Counted
Time lost due to lay-offs or shut-downs shall be considered as time worked for
the purpose of computing the 40 hours after which overtime shall be paid, but
absence from the job due to personal reasons shall not be considered as time
worked.
48. Vacation Hours Not Considered Time Worked in Computing Premium Pay
Vacation hours are not to be considered hours worked in computing premium
pay unless requested to return to work by the company.

Regular Rate Upon Which Overtime Pay Is Computed
The F air Labor Standards A ct requires that an employee be com­
pensated for overtime at a rate not less than one and a half times the
“regular rate” at which he is employed. The determination o f the
regular rate is often complicated and is greatly affected by the provi­
sions o f the Fair Labor Standards A ct and the regulations and rulings
of the Administrator of the W age and Hour Division, in industries
which are subject to the act. Many agreements do not define the
regular rate, but specify that it is to be computed in accordance with
the regulations pertaining to the Fair Labor Standards A ct. In
general, the employee’s regular rate, for purposes o f computing over­
time under the Fair Labor Standards A ct, is determined by dividing
his weekly earnings (excluding any true overtime premium) by the
total number o f hours he worked during the week. Individual merit




OVERTIME PAY

47

and seniority increases, where such exist, become a part of the “regu­
lar” rate or average hourly earnings upon which overtime is based.
Sh ift differentials are also included.
Under many agreements, if an employee works in two or more job
classifications during the week, each paying a different rate, his earn­
ings are usually averaged to determine the “regular” hourly rate upon
which overtime pay is based. Some agreements, however, allow use
o f the rate of the employee’s regular classification as the basis i f it is
greater than his average hourly earnings for the week.
The regular rate used as a basis for weekly overtime payments to a
pieceworker is usually stipulated in agreements to be his average
hourly earnings for the week, rather than his base, guaranteed, or
piece rate.
I f employees are paid a weekly or monthly salary, the agreement
may specify a method of converting the salary to an hourly basis, for
purposes of overtime computation.
M any agreements which allow a premium rate for work on Satur­
days, Sundays, and holidays do not specify whether the premium rate
is to be used as the basis for computing payment for work exceeding
8 hours on such days. Some o f these agreements, however, require
that one and a half times the premium rate be paid for overtime
hours on such days.
49. Overtime Base Is Average Hourly Rate as Determined "by Federal Wage and
Hour Law
Overtime premium shall be paid on average hourly rate for the week as de­
termined by the Federal Wage and Hour Law.
50. “ Straight Time Rate” Used as Base for Overtime Pay; Term Defined
The overtime rate of pay shall be one and one-half times the regular straighttime rate of pay, which means the employee’s rate of pay while working non­
premium or nonovertime hours or days.
51. “Regular Rate” Used as Overtime Base for Hourly and Incentive W orkers;
Term Defined
For all overtime worked by an employee he shall be paid at the rate o f 1%
times his regular rate of pay, provided, however, that in computing compensa­
tion for overtime, an employee shall not be paid more than iy 2 times his regular
rate of pay for any time worked by him, although such time may be overtime
under more than one provision of this agreement.
The following provisions shall apply in the computation o f overtime com­
pensation under this agreement:
The term “regular rate of pay” shall mean (1) in the case of an employee
who shall be paid at a fixed rate of pay per hour, such rate o f p a y ; or (2) in
the case of an employee who shall be paid on an incentive basis, the amount o f
his average rate of earnings per hour on the position on which he shall work the
particular overtime for the week (or for the other period for which such earn­
ings are regularly computed) during which such overtime shall be worked;
provided, however, that if he works on a position for which it is the regular




48

COLLECTIVE BARGAINING PROVISIONS

practice to compute such average rate of earnings for the position as such, such
average rate shall continue to be computed on that basis for the purposes of
this paragraph; and provided, further, that overtime compensation and shift
premiums shall not be included in computing such average rate of earnings per
hour, but any shift premium to which such employee shall be entitled under
article — of this agreement for the overtime hours worked shall be added to
such average rate of earnings per hour in computing such regular rate of pay.
52. Base Is Average Hourly Earnings for Week in Which Overtime Occurred
Time and one-half and double time for the purpose of this agreement shall
be based on the average hourly earnings for the week in which the overtime
occurred.
53. Base for Incentive Workers Is Average Hourly Earnings for the Day
For employees on an incentive, tonnage or piecework basis the regular hourly
rate will be the average hourly earnings for the day, and shall be arrived
at by dividing the total amount earned (exclusive of overtime premiums and
allowed time) by the total actual hours worked during such day.
54. Computation of Overtime Pay of Pieceworkers Illustrated
Overtime work for piece and week workers shall be paid for at the rate of
time and one-half. In the case o f pieceworkers, the overtime compensation of
a worker shall be computed in accordance with the following illustration:
I f a pieceworker, during a given week, works 30 hours and his earnings, based
on the piecework rates, amount to $15 for that work, then his hourly rate is 50
cents an hour. Such workers shall receive, in addition to the amount based on
the piecework earnings, half of his hourly rate, or the sum o f 25 cents per hour
for each hour of overtime worked. Thus, if the 30 hours above set forth included
4 hours of overtime, the worker would receive the sum of $1 in addition to the
$15, or a total of $16.
55. Overtime Pay of Pieceworkers Based on Minimum Rate or Piece Rate for
Work Done During Overtime Hours, Whichever Is Greater
In computing overtime for piece rate workers, time and one-half shall be based
on the minimum wage rate, or rate and one-half of piecework rate for the work
done during the overtime, whichever is greater.
56. Overtime Base Is Average Hourly Rate, Including Both Incentive and Ronincentive Time
Overtime shall be paid for at the average hourly rate for the current work
week, or the workweek being paid for. This average hourly rate shall include
incentive time and nonincentive time.
57. Shift Differential Included in Calculation of Overtime
Shift differential shall be included in the calculation of overtime compensation.
Shift differential shall not be added to the base hourly rate for the purpose of
calculating incentive earnings but shall be computed by multiplying the hours
worked by the applicable differential and the amount so determined added to
earnings.
58. Shift Differential Included in Calculation of Weekly Overtime, Excluded in
Calculation of Daily Overtime
An hourly paid employee working during two or more shifts in a day shall be
paid the applicable shift differential, if any, for the hours worked by such
employee in each shift.




OVERTIME PAY

49

Where an employee works more than 8 hours in a day, and under the terms of
this agreement receives overtime compensation at the rate of time and one-half
for all hours worked by him in excess o f 8 hours per day, such overtime com­
pensation shall be calculated on the employee’s basic rate of pay, excluding any
shift differential which may be applicable to the hours worked in excess of 8 hours
per day. In such cases the shift differential for the hours worked in excess of 8
hours per day shall be deemed premium pay to which the overtime provisions
of this agreement are inapplicable.
If an employee works in excess of 40 hours in any 1 workweek, and if the
hours worked in excess of 40 or part of them are hours to which a shift differ­
ential is applicable the shift differential shall be included in the basic rate of
pay in computing overtime compensation at the rate of time and one-half for
all hours worked by the employee in excess o f 40 hours in the week.
59. Shift Premiums, Bonus Earnings, and Other Forms of Incentive Pay Included
in Base for Computation of Overtime
It is recognized that shift premiums, bonus earnings, or any other form of
incentive, with the exception o f overtime premiums in addition to the prevailing
basic rates o f pay, shall constitute the basis for computation of overtime earnings
whether it is time and one-half or double time.
60. Skill and Penalty Differentials Added to Straight-Time Rates in Determining
Base for Overtime Pay
Overtime rates shall be computed on the basis of one and one-half times the
regular straight-time hourly rate of pay. Basic skill differentials and basic
penalty differentials shall be added to the regular straight-time rates of pay when
computing overtime. Skill differentials shall be added to penalty differentials
and vice versa for the purpose of computing overtime.
61. Premium Pay for Work on Saturday and Sunday, as Such, Not Included in
Base Rate
In addition to any other applicable rates, straight-time rates shall be paid for
work performed on Saturday and Sunday as follow s:
From 7 :4 5 a. m. Saturday to 7 :4 5 a. m. Sunday, $0.10 per hour
From 7 :4 5 a. m. Sunday to 7 :4 5 a. m. Monday, $0.15 per hour
These rates shall not be used for the purpose of computing overtime pay.
62. Payments for Time Not Worked Not Included in Determining Regular Rate
To Be Used as Base for Overtime Pay
It is mutually understood and agreed that time not worked even though paid
for shall not be included as time worked for the purpose of computing overtime;
that the overtime provisions o f this agreement cover all overtime payments to
which an employee is entitled, whether by agreement or statute or both; that any
such overtime or premium payments for time not worked shall not be included
for the purpose o f computing an employee’s regular rate of pay and that there
shall not be any pyramiding of statutory overtime on contractual overtime.
63. Base of Overtime Pay of Employee in Dual Rate Classification Is Rate of Job
on Which Overtone Is Worked, or Average Hourly Earnings for W eek,
Whichever Is Greater
An employee in a dual rate classification who works overtime shall have his
overtime compensation based on the rate of the job on which the overtime is
worked. In the event the overtime compensation on such basis is less for the
workweek than if calculated on the employee’s average hourly rate for the work­




50

COLLECTIVE BARGAINING PROVISIONS

week (computed by dividing his weekly earnings at both rates by the total num­
ber of hours worked in the workweek) an adjustment to the latter basis shall
be made.
64. Overtime Pay of Employee Transferred to Another Job for Overtime Work
Based on Rate of His Regular Job or Rate of Overtime Job, Whichever
Is Greater
I f for any reason the regular employees available are not sufficient to do
the overtime work deemed necessary, the company may then arrange by in­
dividual negotiation to transfer workers from other jobs, or operations for such
overtime work. In such case the transferred worker shall be paid according
to the rate o f the overtime job, or according to his established earnings, which­
ever is higher.
65. Overtime Base o f W eekly and Monthly Workers
The base for computing overtime for weekly and monthly workers will be ar­
rived at by dividing their weekly salary by forty (40) which will give the rate
per hour and they are to receive time and one-half at hourly rate for all hours
worked in excess o f forty (40) hours per week or eight (8) hours in any 1 day.
The basis for computing overtime pay for monthly workers will be arrived
at by dividing their monthly salary by four and one-third (4% ) to obtain their
weekly rate and by dividing their weekly rate by forty (40) will give them
their hourly rate.
66. Overtime Base of Monthly Workers Determined by Dividing Monthly Rate
by Humber of Regular Work Hours in Month Under Consideration
For the purpose of computing overtime, the hourly rate of monthly paid
employees shall be the monthly rate divided by the number o f regular work hours
in the month under consideration.
67. Overtime Base of Monthly Workers Determined by Dividing Annual Salary
by 2,080 Hours
For the purpose of figuring overtime or docking of monthly employees, the
hourly rate based on twelve times the monthly rate shown divided by 2,080 hours
will be used.
68. First 8 Hours on Saturdays, Sundays, and Holidays Compensated for at Over­
time R ate; Hours Exceeding 8 Compensated for at One and One-Half Times
Overtime Rate
The overtime rate shall be one and one-half (1 % ) times the straight-time rate,
it being understood, however, that work performed by an employee on a Saturday,
Sunday, or holiday, in excess of eight (8) hours shall be compensated for at
the rate of one and one-half (1 % ) times the overtime rate. The first eight (8)
hours of work performed by employees on a Saturday, Sunday, or holiday, shall
be compensated for at one and one-half (1 % ) times the straight-time rate. In
exception to the foregoing, twelve (12) watchmen and three (3) operating em­
ployees will be required to work Saturdays at the straight-time rate.

Pyramiding o f Overtime
Most agreements specifically prohibit the pyramiding of overtime
and other premium rates, i. e., the payment of more than one type of
overtime premium for the same hours of work. A few agreements
allow pyramiding up to a maximum of double time. Others require
the more liberal rate to be paid when more than one type of overtime
premium is applicable to the same hours.



OVERTIME PAY

51

Overtime premiums need not be included in computing the em­
ployee’s “regular rate” for use as an overtime basis under the Fair
Labor Standards A ct, and may be offset against any weekly overtime
payments required by the act. W hat constitutes an “ overtime pre­
mium” is a crucial point. In its decision in the Bay Ridge Operating
Co. and Huron Stevedoring Corp. cases, June 1948, the United States
Supreme Court defined an overtime premium a s: “A ny additional
sum received by an employee for work because of previous work for
a specified number of hours in the workweek or workday whether the
hours are specified by contract or statute.” The court added th at:
“A mere higher rate paid as a job differential or as a shift differential,
or for Sunday or holiday work, is not an overtime premium.” Thus,
some types of premium pay which many company and union negotia­
tors had previously considered to be overtime premiums were held not
to be true overtime premiums but merely premiums for working un­
desirable hours which could not be offset against statutory overtime.
H . R. 858, a bill to ban overtime on overtime was passed by the Con­
gress and approved by the President on July 20, 1949. (See p. 36.)
69. Pyramiding o f Overtime Prohibited
Overtime shall not be pyramided, that is, if computed for a day, the same over­
time shall not again be computed for the workweek.
70. Agreement Amended To Avoid Pyramiding of Overtime
The agreement provided (articles 3 and 4) for the payment of the following
overtime or additional compensation:
(a ) Time and one-half for work in excess of eight (8) hours in any working
shift except during the exemption period.
(b ) Time and one-half for work performed on Labor Day and Sunday.
(c ) Time and one-half for work performed on a paid holiday.
(d ) Time and one-half for hours in excess o f forty (40) in any workweek
except during the exemption period.
(e ) Time and one-half for work performed on Saturday except during the
exemption period.
The requirement under the agreement at time and one-half be paid for hours
in excess of forty (40) in any workweek is the same as the requirement o f the
Fair Labor Standards Act at time and one-half be paid for hours in excess o f
forty (40) in any workweek.
At the time the agreement was executed the parties did not intend and do
not now intend that there should be any pyramiding or doubling of such com­
pensation payable either under the Agreement or under the aforesaid requirement
of the Fair Labor Standards Act. Consequently the practices that have been
followed since the execution of the agreement have been in accordance with
that intent and have avoided any pyramiding or doubling o f such compensation.
In order more clearly to express their intent the parties do hereby modify and
amend the agreement by including at the end thereof the following Article 9 :
ARTICLE 9— INTERPRETATION

“ It is expressly understood and agreed that the overtime or additional com­
pensation provided for in Articles 3 and 4 o f this agreement shall not be taken
into consideration in computing the ‘regular rate o f pay’ under the Fair Labor



52

COLLECTIVE BARGAINING PROVISIONS

Standards Act. The company hereby agrees to pay such overtime compensation
as may be required under the Fair Labor Standards Act. It is further under­
stood and agreed that the overtime or aditional compensation provided for in
Articles 3 and 4 of this agreement shall be due and payable only if the total of
such overtime or additional compensation under this agreement exceeds the
total statutory overtime pay due under the Fair Labor Standards Act, arid then
only to the extent o f such excess. Under no circumstances shall more than one
type o f overtime or additional compensation be payable for the same hours of
work. It is agreed that no employee under this Article will receive for overtime
or additional hours worked any less compensation than he would have received
for such hours worked under Articles 3 and 4 of this agreement prior to this
amendment.”
71. All Premium or Penalty Pay Except Night-Shift Differential Considered
Overtime; Statutory Overtime Not To Be Pyramided Upon Such Overtime
All premium or penalty pay of any nature except night shift differential, shall
be construed as overtime, and in no event shall statutory overtime be paid upon
such overtime. The parties agree that the straight-time rate provided in section
2 hereof is the regular rate of pay in all instances except where night rate
differentials would apply.
72. Premium Pay for Work on Saturdays, Sundays, Holidays, and Before and
A fter Regular Hours Considered Pay for Daily and Weekly Overtime, Not
Pay for Particular Hours
Any extra pay required under this contract for Saturdays, Sundays, Holidays,
or work before or after a regular shift, if occurring in a workday or more than
eight (8) hours or in a workweek in excess o f forty (40) hours is agreed to be
not a different rate of pay based on particular hours but instead a payment in
satisfaction of the daily and weekly overtime required by Federal laws, rules,
and regulations.
73. W eekly and Daily Overtime Not To B e Pyramided Upon Each Other; Other
Overtime Pyramided Up to Maximum of Double Time
Weekly overtime and daily overtime will not be pyramided upon each other
but whichever is greater will be paid. Other overtime will be pyramided up to
a maximum of double time if two or more bases for overtime coincide.
74. Where More Than One Overtime Rate Applicable to Same Hours, Only the
More Liberal Rate Paid
In cases where more than one provision for overtime or extra pay applies to
the same hours o f an employee, only the more liberal one will be used in the pay
calculation.
75. Specified Types of Penalty Overtime Pyramided on W eekly Overtime
houkly day employes .—All

time worked in excess o f 8 hours in any 1 day at
overtime rates will be deducted from the computation of overtime due on account
of working in excess of 40 hours in any week. All overtime paid on account o f :
(a)
(&)
(c)
(d )
(e)
(f)

Work performed on designated holidays,
Work performed on regular scheduled day off,
Work performed on change of schedule,
Work performed during regular lunch period,
Work performed on Sunday,
Work performed by an employee who is required to return to work
within 9 hours after the end of his regular schedule,




OVERTIME PAY

53

(g )

Work performed by an employee on an emergency call-out only when the
time worked on such call-out exceeds 2 hours and 40 minutes, will be
considered as penalty overtime and will not be deducted in computing
overtime due on account of work in excess of 40 hours in any 1 week.
shift employees .—All time worked in excess of 8 hours in any 1 day at overtime
rates will be deducted from the computation of overtime due on account of work
in excess of 40 hours in any 1 week. All overtime paid on account o f :
( a)
(&)
(c)
(d)

Work performed on a regular scheduled day off,
Work performed on a designated holiday,
Work performed on change of schedule,
Work performed by an employee on an emergency call-out only when
time worked on such call-out exceeds 2 hours and 40 minutes, will be
considered as penalty overtime and will not be deducted in computing
overtime due on account of work in excess of 40 hours in any 1 week.

Graduated Rates fo r Excessive Overtime W ork
A s a deterrent to excessive overtime work and to compensate the
employee for the strain o f working very long hours, some agreements
provide a progressive scale of overtime rates, based on the number
of hours of overtime. These agreements usually provide for a rate
of time and a half for the first 3 or 4 hours’ overtime and double
time thereafter. In a few instances, the rate is graduated up to triple
or quadruple time.
76. Double Time fo r Work in Excess of 11 Hours a Day
Time and one-half will be paid to all employees for all hours worked in excess
of eight (8) hours in any 1 day. Double time will be paid to all employees for
all hours worked in excess of eleven (11) hours in any 1 day. A day shall con­
sist o f twenty-four (24) consecutive hours from the time any employee begins
the shift in which the work is performed.
77. Double Time for Work in Excess of 16 Continuous Hours, Until Interrupted
by a Rest Period of at Least 8 Hours
Overtime work performed by any employee on an hourly wage basis shall be
paid for at one and one-half times the straight-time rate, except that all over­
time worked after a period of sixteen (16) hours of continuous work shall be
paid for at double time rates until interrupted by a rest period o f not less than
eight (8) hours.
78. Double Time A fter First 4 Hours Worked Outside Regular Hours
All time worked before or after the regular hours designated by the foreman
shall be paid for at overtime rates, price and one-half for the first 4 hours and
double price thereafter. All overtime shall be computed on regular weekly wages
received; overtime shall include aU time men are required to be on the job in
excess o f their regular hours.
79. Double Time for Overtime in Excess of 4 Hours Daily or 15 Hours W eekly
Overtime rates of one and one-half (1 % ) times the regular straight-time rates
shall be paid for the first four (4) hours overtime in any 1 day. Double time
shall be paid for all hours in excess of four (4) hours overtime in any 1 day,
or fifteen (15) hours overtime in any one working week.




54

COLLECTIVE BARGAINING PROVISIONS

80. Overtime Rate for Maintenance Employees Increased to Double Time A fter
16 Daily Hours or 48 W eekly Hours
Overtime for maintenance employees will be paid as follow s: All hours worked
in excess of forty (40) up to and including forty-eight (48) during the first
5 days of the workweek, time and one-half. All hours worked over forty-eight
(48) will be paid for at double time. All hours worked in excess of sixteen (16)
hours in any one scheduled working day to be paid for at double time.
81. Overtime Rate Graduated at 4-Hour Intervals
Overtime shall apply to all work done before as well as after eight (8) hours
specified by the individual office for the regular starting and regular stopping
time for work and shall be paid for at the rate of price and one-half for the
first four (4) hours, double time next four (4) hours, triple time next four (4)
hours; any additional time thereafter double, double time.
82. Time and One-Quarter A fter 37% Hours Per W eek ; Time and One-Half
A fter 40 Hours
It is mutually agreed that the workweek shall be 37% hours * * *.
Overtime up to the legal maximum of forty (40) hours under the Fair Labor
Standards Act shall be compensated at time and one-quarter, excluding holidays.
Overtime above the legal maximum of 40 hours provided under the Fair Labor
Standards Act shall be compensated for at time and one-half, excluding holidays.

Seasonal Exemptions
The Fair Labor Standards A ct allows exemption from the require­
ment that time and a half be paid after 40 hours per week for certain
seasonal employment. The act expressly grants exemption to em­
ployees in any place o f employment where the employer is “ engaged
in the first processing o f, or in canning or packing perishable or sea­
sonal fresh fruits or vegetables, or in the first processing, within the
area o f production (as defined by the adm inistrator), of any agricul­
tural or horticultural commodity during seasonal operations, or in
handling, slaughtering, or dressing poultry or livestock.” The period
or periods o f exemption for such employees may not exceed 14 work­
weeks in the aggregate in any calendar year. During the exemption
period, the overtime rate is waived entirely.
A somewhat similar exemption is allowed under the Fair Labor
Standards A ct for employees engaged in an industry which the A d ­
ministrator of the W age and Hour Division has found to be of a sea­
sonal nature. Here, too, the period or periods of exemption may not
exceed 14 workweeks in the aggregate in any calendar year. How­
ever, during the exemption period the overtime rate of time and a
half must be paid for hours worked in excess o f 12 a day or 56 in a
week.
These exemption provisions o f the Fair Labor Standards A ct are
incorporated in a number of agreements. Under others, however, the
employer waives his right to take advantage of these exemptions. A
few agreements make the overtime exemption applicable only to tem­
porary employees hired for the busy period.



OVERTIME PAY

55

83. Overtime Rate A fter 12 Hours Per Day or 56 Hours Per W eek During 14Week Period in Any Calendar Year
Unless otherwise provided by law, each employee’s regular workweek for a
period of fourteen (14) weeks in any one calendar year shall be fifty-six (56)
hours per week at straight-time rates. For work in excess of 12 hours per day
or fifty-six (56) hours per week during such period, the employees will be paid
at the rate of time and one-half the regular rate. For any work performed during
any week in the year in excess of fourteen (14) weeks, overtime at one and onehalf times the regular wage rate will be paid for any work performed by any
employee in excess o f forty (40) hours during any 1 week.
84. Temporary Employees May Work Unlimited Hours During November and
December Without Overtime Payment
Time and one-half shall be paid for all work performed in excess of 40 hours
in any 1 week. The company, however, shall have the privilege of employing
temporary help for the handling o f turkeys during the months of November and
December only, such employees being allowed to work unlimited hours without
payment of overtime.
85. Overtime Rate A fter 8 Hours Per Day During Both Seasonal and Nonseasonal
Periods. Workweek of 40 Hours During Nonseasonal Periods and 48
Hours During Seasonal Periods
The method of computation of overtime shall be in accordance with the regula­
tions and interpretative bulletins o f the Wage and Hour Division.
A standard day for woodsmen (hourly employees) during both seasonal and
nonseasonal periods shall mean eight (8) hours of work per day, and any hours
worked in excess thereof shall be paid at the rate o f time and one-half.
During nonseasonal periods, any daily overtime may be credited against any
hours worked over forty (40) hours per week; and during seasonal periods, any
daily overtime may be credited against any hours worked over forty-eight (48)
hours per week. The foreman shall have authority to determine reasonable
hours of overtime required in any day. For such woodsmen, the employer shall
decide which eight (8) hours of the day they shall work, but there shall be no
split shifts without agreement of the men involved in the work.
During the seasonal exemption periods the hours of pieceworkers shall not
exceed forty-eight (48) hours o f work per week, and during nonseasonal periods
forty (40) hours per week.
86. Company Agrees Not To Exercise Right to Seasonal Exemption Period for
Duration of Agreement
Time and one-half (1 % ) the basic rate shall be paid for all time worked in
excess of forty (40) hours in any 1 week, except during the fourteen (14)
“ tolerance” weeks permitted in this industry by the Fair Labor Standards Act,
provided, however, that, for the duration of this agreement, the company will
not exercise its right to the “tolerance” period.
87. Seasonal Exemption Allowed by Fair Labor Standards Act Specifically
Abolished
The week shall run from Monday to Saturday inclusive. Eight hours shall
constitute the basic workday. Forty hours shall constitute the basic workweek.
Time and one-half shall be paid for all time worked in excess of eight (8) hours
in any 1 day or forty (40) hours in any 1 week whichever is the greater. There
shall be no duplication of overtime pay for daily and weekly overtime. The
fourteen (14) tolerance weeks allowed by the Fair Labor Standards Act are
hereby abolished.




56

COLLECTIVE BARGAINING PROVISIONS

88. Either Employer or Union May Apply for or Appeal From Any Rulings,
Regulations, or Interpretations Regarding Seasonal Exemptions
During the period known as the grinding season recognition will be given to
the company’s right to any exemption as to hours and overtime granted, or
which may be granted, under the Fair Labor Standards Act now in force, or
any amendment thereof, or by any other applicable statute, regulation, or inter­
pretation.
It is agreed that regardless of any exemptions now or hereafter granted by
law, executive order, or regulations, this agreement is without prejudice to
the right of the employer or the union to apply for or appeal from any rulings,
regulations, or interpretations covering exemptions during the grinding season,
under the provisions of the Fair Labor Standards Act or other applicable statute.

Time Off in Lieu o f Overtime Payment
Some agreements covering employees not subject to the Fair Labor
Standards A ct make no provision for overtime pay but require that
the employee be allowed compensatory time off for overtime worked;
some of these agreements require one and a half hours off for each
hour of overtime. Others prohibit time off in lieu of overtime pay,
or allow the employee the option of overtime pay or compensatory
time off.
89. Prohibition of Time Off in Lieu of Overtime Pay
An employee working on his day off or working overtime shall receive time
and a half. No employee is to accept time off for overtime worked.
90. Employee May Elect To Take Compensatory Time Off Within SO Days
In the event that an employee works overtime, he may take such overtime off,
if he so desires, within thirty (30) days. However, it is further understood and
agreed that the company will not require an employee to take such time off if he
does not wish to do so provided sufficient work is available to keep all employees
in his department employed.
91. Equivalent Time Off at Management's Discretion for Hours Worked Between
45 and 48 Per Week
A man employee working more than forty-five (45) hours per week and not
exceeding forty-eight (48) hours per week shall have equivalent time off at the
discretion of management for any number of hours worked between forty-five
(45) and forty-eight (48).
92. Compensatory Time and One-Half for Overtime Worked by Monthly or
W eekly Employees if Mutually Agreeable to Employee and Company
Monthly or weekly employees working in excess of 208 hours per month shall
be compensated by time off, hour and one-half for hour, if mutually agreeable
between employee affected and the company.
93. Foremen and Salaried Production Personnel Allowed Time Off for Time
Worked in Excess of 48 Hours a Week
It is agreed that foremen and/or production salaried personnel or supervision
that fall under the forty (40) hour workweek, may be required to work up to
forty-eight (48) hours in 1 week without overtime pay in the interest of pro­
duction facilities. In the event of these production salaried employees being




OVERTIME PAY

57

required to work more than forty-eight (48) hours in 1 week, such overtime
shall accumulate and be adjusted by means of an extra day off during the month
or that part of a day as accumulated time warrants. Laboratory workers on
salary are to be considered as on a forty-four (44) hour week basis, and such
overtime over forty-eight (48) hours as may accumulate will be treated in the
same manner as foremen and other production workers on salary.
94'. Compensatory Time Oft of Employees Exempt From Fair Labor Standards
Act May Be Accumulated as Additional Vacation Time; Employees Not
Exempt From Act May Elect To Take Time and One-Half Off in Lieu of
Overtime Pay
Those employees who are covered by the contract but are exempt from over­
time provisions o f the Fair Labor Standards Act shall be compensated for over­
time worked by equal time off or equal time in pay. When overtime is com­
pensated for by time off, no employee shall be required to take that time off in
units of less than eight (8) hours. Such compensation shall be made within
two (2) weeks, except that by mutual agreement between the [employer] and
the employees, the employee may accumulate 1 week’s vacation to be added to
his annual vacation. Those employees who are covered by the contract but are
not exempt from the overtime provision of the Fair Labor Standards Act shall
be compensated in cash at the rate of time and one-half the regular hourly rate
for overtime beyond forty (40) hours in any 1 week. When they elect to take
time off they shall be compensated in time and one-half off.
95. Compensatory Time Off for Hours in Excess of SO in a Week in Which Holi­
day Occurs; Employees Consent Required
Any employee, other than a part-time employee or a temporary employee hired
on a daily basis, whose weekly rate o f pay shall be less than $120, shall be paid
at the overtime rate of one and one-half times the rate of his regular weekly
rate of pay for all time worked by him on a holiday or in excess of 30 hours in a
regular workweek in which a holiday occurs; provided, however, that the [em­
ployer] may, with the consent of said employee and in lieu of paying overtime
compensation for any such time in accordance with the foregoing provisions of
this section — , compensate the employee for such time by granting him time off
equivalent to such overtime compensation.

Lay-Off to Offset Overtime Payments
Occasionally, employers require employees to lay off during their
regular working hours to offset overtime previously worked and paid
for. Many agreements, however, prohibit this practice entirely, and
others require the employee to take time off only if he has worked
overtime to such an extent that his efficiency during his regular work­
ing hours might be impaired. Where State laws limit the maximum
weekly hours, particularly for women and minors, employees who have
worked overtime may be required to take time off during their regu­
lar working hours to avoid exceeding the maximum.
96. No Lay-Off To Equalize Overtime Worked During Same Week or Pay Period
No employee shall be laid off during his regular working schedule to equalize
any overtime the employee has worked during the same working week or pay
period.




58

COLLECTIVE BARGAINING PROVISIONS

97. Employees Not Required To Talce Time Off or Change Days Off To Avoid
Overtime Payment
Employees shall not be required to take time off or change their days off in
order that payment o f overtime may be avoided.
98. Workday Not To B e Reduced To Offset Overtime Earned on Any Previous Day
The workday shall not be reduced to compensate or adjust for any overtime
earned on any earlier or previous day.
99. Employee Required To Report Before His Regular Shift Not To Be Sent Home
Early To Avoid Overtime Payment
When an employee is required to report for work prior to his regularly sched­
uled shift, he shall not be sent home early to avoid the payment of overtime.
100. Employee Not Required To Take Time Off To Avoid W eekly Overtime Pay­
ment if Work Is Available
Any employee who has exceeded his regular daily schedule of hours will be
permitted to finish out his regular schedule in any such week and will not be
required to take time off purely for the purpose o f avoiding overtime on a weekly
basis when the company has necessary work available for him to do.
101. Employee Not Required To Take Time Off Because of Overtime Worked E x­
cept To Comply With State Law
It is understood that when an employee works overtime on any day, his or
her hours of employment for the week in which such time occurs shall not be
reduced because o f the overtime, if work is available, except to effectuate the
Massachusetts law covering 1 day off in 7.
102. Employee Not Required To Take Time Off for Overtime Worked Unless
Question of Fatigue Involved
An employee shall not be required to take time off during his scheduled work­
ing hours for overtime worked or to be worked unless, in emergencies, he is
required to work overtime to such an extent as to be unable to obtain sufficient
rest before the start of his next regular working period. In such instances,
the employee involved will take such time off duty without pay as may be
mutually agreed upon between him and his supervisor before returning to his
regular schedule. If, after discussion of the requirements of the job and the
physical condition of the employee, the parties are unable to agree, the decision
of the supervisor shall control at the time but shall be subject to the grievance
procedure.

Allocation o f Overtime Work
In order to avoid discrimination against individual employees or
union members, many agreements require that overtime work be dis­
tributed as equally as possible. Equalization o f overtime may be
on a plant-wide basis or on a departmental or occupational basis, and
may be among all employees or only among employees who request
overtime.
Some agreements designate the length o f the period over which
overtime work is to be equalized. Others specify that at any particu­
lar time the difference in the amounts of overtime worked by the em­
ployees is not to exceed a designated maximum.




OVERTIME PAY

59

Employees may be allowed to claim overtime work in order of
seniority. In some instances, stewards, committeemen, or other union
representatives are given preference for such work.
The employer may be allowed to withhold overtime work from
employees who are habitually absent or tardy. Overtime lost by
reason o f the employee’s absence from work or by his refusal to work
overtime when it is offered him may be considered overtime worked
for purposes of equalizing the overtime.
A s an aid to enforcement of equal distribution of overtime, some
agreements require that the employer’s overtime records be open to
inspection by the union or that they be posted on the bulletin board.
Unequal distribution o f overtime may also be subject to protest
through the grievance procedure. Some agreements require the em­
ployer to pay employees for overtime not worked because of improper
allocation.
103. Overtime Allocated in Accordance With Specified Rules
In the event that it becomes necessary for overtime work to be performed,
it is agreed that the men who are asked to do the overtime work shall be
selected on the following basis:
1. Notification of overtime to be performed shall be given not later than
the shift immediately preceding.
2. Selection will be made on a rotation basis based on seniority in the
classification or classifications involved.
3. Should any man or men refuse to perform the overtime for any reason
after the proper notification then he or they will lose their turn on the
rotation list
4. In cases of emergency where previous notice is impossible, then any
man or men refusing to perform overtime will not lose his turn on the rota­
tion list.
5. In the event that the overtime work to be performed will require 2
hours or less then the man or men already assigned to the job and working
on same will be asked to complete it without resorting to the rotation list.
6. In special cases where only a portion o f those men in a given classi­
fication or classifications are qualified for reasons other than classification,
then the overtime work to be performed shall be rotated only among those
men so qualified.
7. Each foreman will maintain an accurate rotation list based on seniority.
104. Company and Union To Agree on Method of Equalizing Overtime Within
Each Department
Overtime work shall be equitably distributed by the company among qualified
employees insofar as it is practicable to do so. The method of distribution,
based on either the number of hours worked or the number o f overtime assign­
ments or a combination of the two, will be worked out in each department
between the union and the company. Records of such overtime work shall be
kept by the company and shall be available for inspection by the union at rea­
sonable times.
105. Difference in Amount of Overtime Worked by Employees in Department
Not To Exceed Specified Maximum




60

COLLECTIVE BARGAINING PROVISIONS

Departmental overtime is to be spread out as equally as possible throughout
each department A differential of not exceeding twenty-four (24) hours over­
time between the employee having the lowest number o f overtime hours and the
employee having the highest number of overtime hours in a department shall be
adhered to, except in the Skilled Division where a differential of forty-eight
(48) hours shall be adhered to.
The company is to compile a report of such overtime hours weekly and shall
furnish a copy to the union.
No employee shall be charged for overtime if he is asked to work and refuses
to do so provided he has an excess of the allowable differential. Any employee
who is in the differential and refuses to work after being asked to do so shall
be charged with the overtime hours which he refuses to work.
The differential hours shall be computed as follow s: All hours worked plus
premium hours.
106. Overtime in Departmental Occupational Group Equalized Over S-Month
Period
The company agrees to effectuate an impartial distribution of working time
within the same departmental occupational group and to endeavor to reasonably
equalize working time among the members of such groups over each quarterly
period of 3 months.
107. Overtime Work Evenly Distributed Among Employees Normally Engaged
on the Work Involved
Insofar as practicable, overtime work shall be evenly distributed among em­
ployees normally engaged on the work involved. It is agreed that an employee
scheduled for overtime shall work, except when he has adequate reason for not
doing so and other qualified employees o f appropriate work assignments are
available.
108. Employees Assigned to Specific Job Automatically Works All Overtime on
That Job
In the event of working overtime, the employee performing a regular job will
automatically work all overtime on that specific job.
109. Overtime Offered First to Employees Performing the W ork, Regardless of
Seniority; Second and Third Offer to Other Employees Within the De­
partment, and to Employees Outside the Department, on Basis of
Seniority
In the allotment of overtime hours preference shall be given to the employee,
or employees, performing the work, regardless of seniority. I f this is not pos­
sible overtime shall then be offered, in the order of seniority, to other employees
in the department classified and capable of performing the work.
I f the above procedure is not possible then overtime shall be offered in the
order of seniority to other employees outside the department classified and
capable o f performing the work.
However, before going outside the department for overtime help, at the option
of the company, employees having a higher classification within the department
may be used to perform the work required. Such employees in the classifica­
tion used shall be offered this work in accord with seniority.
110. Equal Distribution of Overtime Among Employees Requesting Overtime
All overtime work shall be equally and impartially distributed insofar as
practicable among those employees requesting overtime work. Any employees
available for overtime work shall advise their foreman on Monday of each
week.



OVERTIME PAY

61

111. Overtime Distributed Equally Among Employees Who Have Been Regular
in Attendance
It shall be the policy of the company to distribute overtime work as equally
as possible among the employees who have been regular in their attendance.
Absence for any of the following reasons shall not break regular attendance:
1. Injury in the plant;
2. Death in the immediate fam ily;
3. Emergency hospitalization in the immediate fam ily;
4. Jury duty or any attendance as a witness in court.
112. Working and Yard Foremen Share Overtime With Employees Under Them
Working foremen in forge and pattern shops shall divide all overtime with
employees under them whenever the number of employees working under them
in their respective departments drops under tw o; and it is agreed that the
yard foreman will not work more overtime than any of the regular employees'
working under him.
113. Committeemen and Shop Stewards Have Preference for Overtime
The committeemen and shop steward shall head the seniority list for overtime.
114. Overtime Divided Among Employees With Seniority Who Are Able To
Perform Work
In any department, overtime work shall be divided, as equally as is prac­
ticable, among employees with seniority able to perform such work.
115. Allocation o f Overtime on Basis of Departmental Seniority
The employee with the most seniority in his department shall work the over­
time when his operation or classification is working; this includes Saturdays,
Sundays, and holidays, and anything over 8 hours in any week day. Overtime
upon a job to which an employee has not been assigned shall be worked by the
employee with the most seniority in the department, provided he has the ability
to perform the work.
116. Employees With Least Departmental Seniority To Perform Overtime Work
I f Insufficient Volunteers Available
All employees recognize and agree to the principle that they are obligated to
work overtime or not regularly scheduled hours when requested to do so.
Such work will be apportioned as heretofore but, if among the group capable
of performing the work there are no, or an insufficient number of, employees de­
siring to perform the work, then one or more employees in that group having the
least departmental seniority shall perform the work. No employee shall be
obligated to perform overtime yard work unless the company guarantees a
minimum of one (1) hour of work. Where the work is an emergency call-out,
the employee selected by the company shall, in the absence of a reasonable
excuse, perform the work, such selections so far as reasonably possible to be
within the foregoing rules.
117. Allocation of Overtime by Group Seniority on Weekdays and by Plant
Seniority on Saturdays and Sundays
When it is necessary to operate part o f one or more departments, or complete
departments, overtime (from Monday thru Friday inclusive) such overtime
work shall be performed by those persons working on that group according
to their seniority.
When it is necessary to operate part of one or more departments, or complete
departments, overtime (Saturday and Sunday inclusive) the senior plant em­




62

COLLECTIVE BARGAINING PROVISIONS

ployee shall be given the first opportunity to work overtime provided such
employee has worked on that operation in this factory.
118. Seniority Not the Only Determining Factor in Distribution of Overtime;
Other Considerations Specified
The company does not recognize seniority as the only determining factor in
the distribution of overtime work. In the determination of who shall be called
in for overtime work, the following considerations will govern:
1. Those employees who have been currently working on a job fo r at
least three (3) days prior to overtime, will be called in for overtime work.
2. Failing adequate personnel by the foregoing provision, the oldest em­
ployee who has previously done the work involved will be called in.
3. Failing adequate personnel by either of the foregoing provisions, the
oldest employee on the shift in the department will be called in for overtime
work.
4. In the event o f more than one shift operation when overtime is required
for one shift only, the particular shift which is involved will be called in
for the overtime work.
In the event of continued single-shift overtime, as above, an effort will be
made to alternate the shifts so as to distribute the overtime.
5. Probationary employees will not be called in for Saturday or Sunday
overtime without prior agreement with the executive shop committee, unless
the entire shift is working.
119. Employees Transferred From Other Departments for Overtime Work on
Basis of Seniority
Overtime is to be distributed as equally as is practicable among the employees
employed in any classification of work where such overtime is worked. When
it becomes necessary to transfer employees from other departments to work
overtime in a certain department, employees will be given consideration accord­
ing to seniority rights, provided they are capable of performing the work.
120. In Event of Error in Allotting Overtime, Employee Paid for Lost Time if Not
Given Opportunity To Make It Up Within SO Days
In the event there is an error in allotting overtime work, the employee
deprived of same will be given an opportunity to work the same number of
hours at the same rate of pay within the following thirty (30) days. In the
event any employee entitled to overtime work is not given same under the
provisions of the contract, said employee shall make written request to the
personnel director, and if said overtime work is not offered within thirty (30)
days thereafter, the employee shall be paid for any lost overtime. Variations
of two (2) hours or less in daily overtime of not to exceed three (3) times in
any 1 workweek as to any employee shall not be considered. No penalty shall
attach to the company, except as above specified, in connection with overtime
work or as to lay-offs and recalls.
121. Overtime Records Open to Inspection by Union
All disputed claims for overtime shall be regulated so that no injustice shall
be done the employer or employee. The employer shall keep time cards, or
time clock records relating to employees covered by this agreement for checking
of overtime, such records shall be made available to the business agent or
authorized representative of the union in case of dispute. Where no time clock
is used, the employer shall see to it that time card weekly records are signed
by the employee. It is agreed that the pay-roll records o f the employer relat­
ing to employees covered by this agreement shall be made available for inspec­
tion to the authorized representative o f the union upon request.



OVERTIME PAY

63

122. List of Employees Selected for Overtime Work Available for Inspection by
Steward Before Close of Shift
Overtime within a department shall be divided as equally as possible among
the employees assigned to the jobs. A list of persons selected to work overtime
shall be available for inspection by the department steward at the foreman’s
desk before the close of the shift.
123. Overtime Worked During Each Pay Period Posted on Bulletin Board
The amount of overtime worked during each pay period shall be posted on
the bulletin board.
124.Inequalities in Distribution of Overtime Subject to Grievance Procedure;
Overtime Records Made Available to Union Representative Handling
Grievance
The employer will endeavor to the best o f his ability to equalize the hours of
work in regard to overtime among employees with seniority working on similar
occupations on each shift. Inequalities in the application o f this policy shall
constitute a grievance. The overtime record of any employee having a griev­
ance under this clause shall be made available for examination by the union
representative handling such grievance.
125. Refused Overtime Considered Time Worked for Purposes of Equalizing
Overtime
Overtime work shall be distributed as nearly equally as practicable among
the eligible employees. Refused overtime hours shall be credited as overtime
hours worked for purposes of distributing overtime.
Employees are only eligible for the overtime on their job, and overtime will
be balanced only by and between employees on a specific job except that for
overtime refused or emergencies, any employee within the department who can
perform the job may be CQnsidered eligible.
126. Hours Lost Due to Illness, Refusal To Work, or Absence Considered as Hours
Worked for Purposes of Equalizing Overtime
Overtime work shall be equally divided among the employees in the area as
far as practicable, except in cases mutually agreed upon between the foreman
and chief steward. Hours lost due to illness, refusal to work, or absence, will
be considered as hours worked for equalization o f hours.
127. Habitually Absent or Tardy Employees Ineligible fo r Overtime Pay Until
They Complete Full Weekly Schedule
Workers who, except for proven illness, are habitually absent or late, shall
not be entitled to overtime pay, when overtime is being worked in their re­
spective craft, until or unless they shall have first completed the 35 hours or
40 hours of work, as fixed herein for their respective craft, during the work­
week, including Saturday o f such week.
128. Employer May Withhold Overtime From Employee Who Persists in Laying
Off A fter Working Overtime
An employee who persists in laying off after being given overtime work shall
be deprived o f the opportunity o f working overtime. Any exceptions to this
clause shall be by mutual agreement between the management and the plant
committee.
129. Employee Forfeits Eligibility for Future Overtime Work by Failure To
Report for Overtime Work A fter Accepting It
In requesting employees to work overtime, selection shall be made according
to their position on the established overtime distribution list except when



64

COLLECTIVE BARGAINING PROVISIONS

employees are working on a job where efficiency and production will suffer by
changing the personnel for the purpose of distributing overtime. The resulting
unbalance will be rectified as soon as possible.
I f an employee is offered overtime work in his own occupational group and
refuses or does not work this overtime, the time will be counted as time worked
in the division o f overtime. I f an employee is offered overtime work in any
occupational group and accepts such work but does not report for work without
acceptable reason, such an employee will be given a written reprimand by super­
vision, such time shall be considered as overtime offered, and after the next
such offense, he shall be eliminated from the division of further overtime.
In cases where all facts relating to division of overtime are considered equal,
then seniority shall be the deciding factor. I f a procedure is to be set up which
is an exception to the one above, it will be agreed upon between the company
and the union representatives.
130. Employee Refusing Overtime Must Await His Turn Before He Is Again
Eligible for Overtime
The company recognizes the principle that if a person refuses overtime, it is
desirable that he be made to wait his turn before he is again eligible for over­
time and will endeavor in every way to carry out this principle insofar as it does
not interfere with the efficiency o f operating the factory.
131. Equal Distribution of Overtime Not To Interfere with Efficient Operation
of Plant
Overtime work shall be divided as equally as possible among employees per­
forming similar work, provided that in management’s judgment this does not
interfere with the efficient operation o f the plant.

Restrictions on Overtime Work
Although penalty rates tend to lim it overtime work automatically,
specific restrictions on such work are often imposed. A few agree­
ments prohibit overtime work altogether or lim it it to emergencies.
Overtime work may be allowed only if all employees are working full
time or only during busy seasons; a maximum lim it on the amount of
daily or weekly overtime may be specified. Some agreements require
the consent of the union or the employees involved, or both. The
necessity for overtime work may be subject to protest through the
grievance procedure. Advance notice of overtime work may be
required.
Other agreements give the employer complete authority to require
overtime work and, in a few instances, the union pledges cooperation
in having employees work overtime when necessary. Employees may
be subject to disciplinary action for refusal to work overtime.
132. Overtime Work Prohibited.
No overtime shall be permitted.
133. Necessity for Overtime. Work Subject to Negotiation With Union Repre­
sentatives; Overtime Work Optional With Employee
The standard workday shall be six (6) hours and the standard workweek
shall be thirty-six (36) hqurs.




OVERTIME PAY

65

Work in excess of six (6) hours per day shall be offered equally among all
employees qualified.
When hours of work in excess of the standards are required, the foreman will
negotiate with the representative of the department involved and such work will
be performed on the shift in question. This work in excess of standards shall
be optional with the employee. If the representative or committeeman is in
doubt about the necessity for such work in excess of the standard or the continu­
ation thereof, he shall present the facts to the divisional chairman for negotia­
tion if necessary with the general foreman involved, and/or the shop committee
and the personnel department.
Scheduled hours in excess of the standards shall be subject to negotiation at
the regular weekly meeting between the shop committee and the personnel
department.
134. Overtime Performed Only With Consent of Union
All overtime shall be performed only with the consent o f the union and such
overtime work shall be paid for at the rate of time and one-half.
135. Employee Not To Work More Than 182 Hours in Any Four Consecutive
Weeks Without Union Consent
Any employee having worked one hundred and eighty-two (182) hours in any
four consecutive weeks shall not be permitted to work any additional overtime
within that period except by permission of the union. Such permission shall not
be requested or granted when competent substitutes are available.
Note.—Agreement provides for a basic 37%-hour workweek.
136. Overtime Work Prohibited Except in Emergencies; Shop Committee De­
cides Whether Emergency Exists
The ruling of the [union] on overtime is emphatically against such. However,
where an emergency exists, permission may be obtained to work overtime. To
obtain this permission, a responsible representative o f the company must meet
with the shop committee and explain the reason the company wishes to work
overtime. The shop committee will then decide whether or not an emergency
exists.

137. Overtime Permitted in Emergencies by Mutual Agreement of Union and
Association; Maximum Overtime o f 1 Hour Per Day, 5 Hours Per W eek
No overtime shall be permitted unless an emergency shall be established by the
joint decision of a representative of the union and a representative of the associa­
tion. When such overtime shall be permitted, it shall not exceed more than 1
hour for each workday, or 5 hours during the workweek.
138. Employer Applies for Overtime Through Association; Union Permission
To Be in Writing
In cases of emergency, overtime may be permitted, but only by mutual consent
of the union and the association, and no such overtime shall be permitted unless
requested by the employer through the association and written permission issued
by the union therefor.
139. Union May Prohibit Overtime on Days When Union Meetings Are Held, or
in Shops Where Wage and Hour Provisions of Agreement Have Been
Violated
The union agrees that it will not require its members to refrain from overtime
work except on days when union meetings are held and in such shops where
the terms of this agreement with respect to hours and wages have been violated,
in which cases the union reserves its right to order discontinuance o f overtime.



66

COLLECTIVE BARGAINING PROVISIONS

140. Union Charge of Unnecessary Overtime Work Subject to Grievance
Procedure
Should the union charge that overtime is being worked unnecessarily this
shall be considered a grievance to be adjusted in accordance with the provisions
of this contract.
141. Union May Refuse Permission for Overtime Work if Full Crew Not Em­
ployed for Three Full Days Prior to Day Employer Desires Overtime
Work
The employer shall apply to the union for permission to work overtime when­
ever he deems such overtime work necessary. In the event that the union re­
fuses to grant permission to work overtime, and in the further event that the
employer deems that his request for overtime work was justified, the Labor
Committee of the association shall proceed to adjust the matter with the union
representative.
The union will be justified in refusing to grant permission to work overtime,
in the event that the full set of employees were not employed for three full days
previous to the day on which the employer desires them to work overtime.
142. Overtime Work Prohibited if Qualified Laid-Off Employees Available
Except in cases of emergency, there shall be no regularly scheduled overtime
in a classification as long as any employee on the company’s pay roll in that
classification who is qualified to perform the work, remains laid off without being
given the opportunity of returning to work.
148. Overtime Permitted Only When Shop Is Working at Capacity or When No
Additional Workers Are Available; Union To Receive Advance Notice of
Overtime
No overtime shall be permitted during the life of this agreement, except when
the shop is working to its physical capacity, or when the shop is not working
to physical capacity, but no additional workers are available. Under such cir­
cumstances, the employer must give the union at least two (2) hours notice of
his intention to work overtime. Any notices given will apply to the week only
in which the notice is given, and the overtime covered by the notice shall termi­
nate on Friday of the week in which notice is given. In the event of additional
overtime, the employer agrees again to notify the union.
Overtime shall consist of not less than one (1) hour and not more than two
(2) hours pay per day for the first five (5) days worked of the week, Monday
through Friday; provided that, overtime may be less than one (1) hour where
it is expended on a garment being finished for delivery on the day such overtime
is worked or on the following morning, and in such case, the employee shall be
paid overtime for the actual time worked only.
Under no circumstances is overtime permitted on Saturdays, Sundays, or
holidays, except when approved by the union.
144. Overtime Permitted if All Workers in the Craft Are Employed Full Time
Overtime shall be permitted in any craft when requested by an employer, pro­
vided all workers in the crafts affected thereby are then employed at full time,
and all available seats and benches in the said craft are occupied.
145. Overtime Worked in Such Departments as Necessary Even if Total Plant
Operations Not on Full-Time Basis
Employees agree to work overtime when requested. The company agrees to
give employees a one-half day advance notice, when conditions permit, overtime
to be worked in such departments as necessary even if total plant operations are
less than the normal forty (40) hours per week.



OVERTIME PAY

67

146. Employee Not Required To Work More Them 12 Hours a Day
The company agrees that when abnormal conditions make it necessary to hold
employees for overtime work, it will not require any employee to work more than
12 hours in any workday unless the employee so desires.
147. No Work in Excess of 12 Consecutive Hours Except in Case of Emergency
or Absence of an Employee
The company and the union are in agreement that wherever possible employees
should not work more than twelve (12) consecutive hours at any time. The
company agrees to make all reasonable efforts to accomplish this objective.
Employees will not be permitted to work in excess of twelve (12) consecutive
hours, except when necessary because of (1) absence of an employee, or, (2) in
case of break-down, flood, fire, or other like emergency.
148. Maximum o f 8 Hours’ Overtime on Days Preceding Holidays
On days preceding holidays men shall not work more than 3 hours overtime
except in emergency.
149. Overtime Not To Exceed 8 Hours per W eek, Distributed on Designated
D a ys; Any Additional Overtime at Option of Worker
Furthermore, it is understood and agreed that such overtime will not exceed
eight (8) hours in any single week, namely one (1) hour Monday, Tuesday,
Wednesday, Thursday and four (4) hours on Saturday. Any additional overtime
hours may be worked at the option o f the worker.
150. Designation of Maximum Daily and Weekly Overtime Which Male and
Female Employees May B e Required To Work
The employer is to have the absolute right in its sole discretion to require
any female employee to work ten (10) hours o f overtime per week and any
male employee to work fifteen (15) hours o f overtime per week (said overtime
to be only during the regular five (5) days of said employee’s workweek). Over­
time compensation shall be paid at the rate of time and one-half of base pay.
For any overtime in excess o f ten (10) hours per week for any female employee,
or fifteen (15) hours per week for any male employee, or over two (2) hours
per regular workday for any female employee or over three (3) hours per regular
workday for any male employee, the consent of the employee involved must first
be obtained before the employer can require such employee to work such addi­
tional hours. As to overtime work to be performed on the sixth (6th) working
day during a workweek, such work shall be performed only with the consent
o f the employee.
151. Maximum of 10 Hours’ Work Per Day and 48 Per Week Except in Emer­
gencies and Special Cases
All employees shall not be required to work in excess of 10 hours in any 1
day, nor 48 hours in any 1 week, excepting employees on emergency maintenance
or repair work, including break-downs, nor to very special cases where restriction
of hours of highly skilled workers on continuous processes would unavoidably
reduce production, but in all such cases, when maximum hours are exceeded,
time and one-half shall be paid for all hours worked in excess of 8 hours in any
1 day or 40 hours in any 1 week.
152. Overtime Work in Excess of 4 Hours a Week Prohibited if Union Can Supply
Satisfactory Help
No employee shall be required to work more than four (4) hours of overtime
in 1 week, so long as the union can supply satisfactory extra help.




68

COLLECTIVE BARGAINING PROVISIONS

153. Overtime Work Limited to 10 Hours Per Week During Spring and Fall
Seasons
Overtime work shall be paid for at the rate of time and a half and shall be
limited to 10 hours per week during 3 months of the spring season and 2 months
of the fall season of the year; the exact months to be agreed upon between the
union and the association.
154. Employees Notified of Overtime Work Before Noon
Immediately upon the employer becoming certain that overtime work is re­
quired on that day, the employer shall so notify the employees. Notification of
overtime work shall be made before noon. The employees agree that there will
be no concerted refusal to perform reasonable overtime work requested o f them.
155. Employee May Be Excused From Overtime Work if Notice Not Given on
Previous Day
Employees are required to do such overtime work as is necessary in order to
maintain production requirements except that, on request, an employee will be
excused from doing such work if notice was not given the previous day or earlier
that such work would be required, or may be excused for other reason at the
discretion of the company. Overtime work is prohibited except when directed
by the management
156. Employee Receives $1 Additional if Notice of Overtime Work Not Given
Before Completion of Regular Schedule
Notice that overtime is required shall be given before an employee’s schedule
has elapsed. Otherwise, one dollar ($1) shall be paid in addition to overtime
for actual time worked.
157. Advance Notice Required for Work on Saturdays, Sundays, and Holidays
The regular workweek shall consist of five (5) regular workdays, Monday to
Friday. Employees will be given at least 2 days* notice when they are expected
to work on the following Saturday, Sunday, or holiday, except where a depart­
ment is regularly working on such days.
158. One-Day Advance Notice of Overtime Whenever Feasible; in Emergencies,
Union To Cooperate in Supplying Personnel Without Notice
■Whenever it is feasible the foreman will give notice o f one (1) day or more
to the steward of intentions to require certain employees to work overtime. The
foreman then will notify the employees involved that they are requested to work
overtime.
In emergencies, the one (1) day notice will be waived and the foreman and
steward, or union shop committee, will take necessary steps to supply the
required overtime personnel.
159. Notice of Overtime Work Required but Company May Request Volunteers
To Work Overtime Without Notice
The company will give twenty-four (24) hours’ notice when overtime is re­
quired. However, the company may request volunteers to work overtime without
previous notice.
160. Employee Excused From Overtime Work if He Gives Notice at Reporting
Time That He Desires To Work Only 8 Hours
The union agrees that employees will work overtime when required by the
employer. However, in case of necessity, any employee who notifies his em­




OVERTIME RAT

69

ployer when reporting for duty that he desires to be released after completing
8 hours o f work, the employee shall not be required to work overtime.
161. Prohibition of Inter-Departmental Transfers for Overtime Work Except in
Emergencies
No employee shall be called for overtime work from one department to another
department except in an emergency.
162. Company Has Right To Require Overtime
No overtime rate shall be paid unless the overtime work is expressly authorized
by the foreman’s signature on the employee’s envelope or card. The company
shall have a right to require overtime work of the employees.
163. Union To Cooperate in Having Employees Work Overtime When Requested
Overtime work shall be divided as equitably as possible among employees
performing the same class of work so far as is consistent with the efficient
operation of the plant. The union agrees that it will through its officials and
stewards cooperate in having employees perform overtime work when it is
requested.
164. Employees To Honor Any Fair Request To Work Overtime
It is the function of the company to determine when overtime shall be worked,
and the employees agree to honor any fair request to work overtime.
165. Employee To Accept Assigned Overtime Unless He Can Find a Capable
Substitute
I f an employee does not desire to work assigned overtime, the employee will
make an earnest effort to find a capable substitute. However, if no capable
substitute can be obtained, assigned employee will accept this overtime work.
166. Company May Require Employees To Work Maximum of 4 Hours’ Overtime
if Volunteers Unavailable
Any employee may be requested by the company voluntarily to work overtime
in addition to a scheduled period o f duty and in the event that sufficient volun­
tary overtime workers are not available, the company may direct any employee
to work the overtime necessary to meet the company’s needs, but no employee
shall be required to remain on duty more than four net overtime hours unless
he so desires.
167. Overtime Not Compulsory
In no case shall overtime be compulsory.
168. Overtime on Voluntary Basis Except for Maintenance Men
All overtime will be on a voluntary basis except with respect to maintenance
men who may be called in at any time in case of an emergency.
169. Discipline for Refusal To Work Overtime
It is recognized that, at times, overtime may be necessary for efficient manage­
ment; at such times, employer may request same. The union agrees it will
instruct members to work such overtime. In the event that a worker shall
refuse such overtime and has given an excuse unacceptable to both management
and department committeeman, management shall have the right to suspend
worker for one (1) week. In the event, there is a disagreement between manage­
ment and department committeeman as to the validity of the excuse, management
will have a grievance and usual procedure will be followed.




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COLLECTIVE BARGAINING PROVISIONS

170. Employee Subject to Discipline for Failure To Work Overtime A fter He Has
Agreed To Work
Failure of an employee to report for overtime work, after he has agreed to
work same will subject the employee to disciplinary action unless a valid excuse
is offered.
171. Employee Who Fails To Work Overtime Assignment A fter Accepting It May
Be Denied Overtime Work for Period of Time To Be Agreed Upon by
Union and Management Representatives
The union recognizes that operations in the plant may require overtime work.
Overtime work shall be on a voluntary basis, but when an employee accepts
an assignment to work overtime and does not report without good reason, he
will be denied the opportunity of future overtime work for a period of time.
This period of time should be agreed upon by the foreman and chief steward.
I f agreement is not reached in the department, the matter will be referred
immediately to the management and the bargaining committee.




Chapter 3.— Shift Operations
Introduction
Although night work is generally considered undesirable as a health
hazard and as a disrupting factor to normal fam ily life and social
activities, such work seems unavoidable in many industries. Places
o f entertainment, restaurants, and other establishments directly serv­
ing the public often find it necessary to remain open for business during
the evening or night because of the needs and habits of their customers.
Urban transit companies and other utilities must maintain a minimum
force 2 4 hours a day, and usually must call in additional workers
during daily peak periods. In most mining and manufacturing in­
dustries, the number of shifts scheduled depends largely on the nature
of the production process, the type o f production facilities used, and
seasonal fluctuations in demand. Some industrial processes require
continuous operation throughout the day and night and from week to
week, making shift operations an absolute necessity. In other cases,
m ultishift operations may prove the most profitable method of utiliz­
ing existing production facilities to meet increased demand, especially
where costly equipment must be used and the wage bill constitutes a
relatively small part of the total cost of production. Seasonal fluctua­
tions in demand cause some plants to operate for a few months of the
year on a multishift basis, tapering off to a period of virtual or
complete shut-down when demand subsides.
In practice, m ultishift operations have created a number of problems
in addition to the pay rate for other than regular day work. Some of
these are: Should shifts be fixed or rotated at regular intervals ? How
frequently shall shifts be rotated ? How shall the assignment of work
to shifts be made, by seniority or by some other basis ?
Collective bargaining agreements generally do not prohibit night
work entirely, but often require the payment o f a wage differential as
compensation for the undesirable features involved.1 Shift premiums
thus established through collective bargaining are often designed to
serve a dual purpose: (1) to deter or penalize the unnecessary schedul­
ing of late shifts, and (2) to compensate employees for work performed
during undesirable hours.
1 See Premium and Holiday Pay Provisions, 1948-49, Monthly Labor Review, July 1949,
for information on the prevalence of various types of shift differentials in collective
bargaining agreements.




71

72

COLLECTIVE BARGAINING PROVISIONS

Limitations on Multiple Shifts
The number of shifts to be operated is usually left to the discretion
of management. However, a few agreements prohibit all night work
and others prohibit only a third shift. Such prohibitions are most
frequent in industries subject to drastic seasonal fluctuations or in
which the nature of the work does not require continuous operation
or a chronic problem of overproduction has existed, followed by a
severe depression.
Restrictions on night shifts rather than outright prohibition are
effected in some agreements by a proviso that work performed prior
to or after the regular hours shall be paid for at the overtime rate (see
chapter on overtime pay for illustrative clauses). M ultishift opera­
tions ‘m ay also be restricted by a requirement that day-shift workers
must be working full time before night shifts are added. In some
agreements, all workers are guaranteed full-tim e employment if op­
erations are put on a m ultishift basis. Others require a guarantee
only to employees on the night shift.
Some agreements require union permission for multiple shifts or
leave the question to future negotiations.
1. Multiple Shifts Prohibited
There shall be no more than one shift of workers in any day.
2. No Third Shift Unless Permitted by Union Business Agent
To operate a third shift as an emergency, permission must be granted by the
business agent.
3. Night Work Prohibited Where There Has Previously Been No Night Work
No night work shall be permitted in any department of the employer’s plant
where there was no night work during the term of the previous agreement.
4. Night Shifts Permitted in Emergency Cases; Double Time Paid Unless Shifts
Operated for Five Consecutive Nights
Shifts may be established in cases of emergency and when established they
shall continue five (5) consecutive nights; otherwise double time shall be paid
for any nights worked regardless o f whether an employee has worked the
preceding day or not. The employer shall notify the union when shifts are to
be established.
5. Number of Shifts Periodically Negotiated
The actual number of shifts and the starting time and actual hours of work in
each shift shall be fixed from time to time by the employer after agreement with
the union with respect thereto. I f no agreement is reached, the grievance
machinery as set forth herein shall be utilized.
6. Introduction o f Four-Shift Operations Subject to Arbitration I f Company and
Union Unable To Agree on Necessity for Such Operations
Both parties understand that the company may operate all or any departments
of the plant on a three (3) shift schedule. However, should it become necessary,
at any time, in the opinion of the company, to operate the plant on a four (4)
shift basis, using a swing shift, the company and the workmen’s committee,




SHIFT OPERATIONS

73

prior to such action will confer on the necessity for such arrangement. In the
event that the company and the committee shall be unable to promptly agree
that the swing shift shall be introduced, then the question shall be submitted
to arbitration as a grievance, in accordance with the terms of this agreement.
7. Company Option of Operating Two or Three Shifts
It is agreed that the company shall have the privilege o f operating any part o f
its plant on two or three shifts.
8. Company Option To Discontinue Second Shift at Any Time
The company reserves the right to discontinue second shift operations at any
time and will not permit transfers to the second shift from the day shift unless
vacancies occur.
9. Regular Employees Guaranteed 40-Hour Workweek if Second Shift Introduced
Before starting a second shift the company agrees to guarantee the regulars
forty (40) hours’ work for the following week.
10. Guarantee of 48 Hours* Work Per Week if Plant Operates on Three-Shift
Basis
In the event employees are placed on a three-shift operation, then during the
duration of such three shifts each employee shall be guaranteed a minimum of
forty-eight (48) hours’ work each week. In the event the entire plant does not
work on a three-shift operation, then employees in such departments who do
work on the three-shift basis shall receive the same average number o f hours of
work as other departments.
11. Guarantee of 40 Hours* Work Per Week for Employees Placed on Second
or Night Shift—New employees are guaranteed only 30 hours’ work.
All regular day-time employees who may be placed on a second or night shift
(with the exception of apprentices), shall be guaranteed a full 40-hour week in
line with the provisions o f the general agreement and such 40 hours must be
worked between the starting time Monday and eleven ( l l ) p . m. Friday night.
It is further agreed that for all new help employed and placed on the second
or night shift, a guarantee of not less than 30 hours employment shall be provided.

Shift Differentials
Employees working shifts other than the day shift are usually
compensated for inconvenient hours by a wage differential, an hour
differential, or in rare instances, by a combined wage and hour d if­
ferential. The wage differential is usually in terms o f cents-per-hour
or a percentage premium, although it is sometimes stipulated as a
flat sum per shift, week, or month. I f the differential is in terms of
hours, shift workers receive pay for more hours than are actually
worked, for example, 8 hours’ pay for 7 hours’ work. Under a com­
bined wage and hour shift differential, shift workers receive a pre­
mium in the form of a higher hourly rate and shorter hours.
Under most agreements, all workers on a shift are paid whatever
differential is required by the agreement. A few agreements, however,
do not apply the differential to specified classifications of workers,
such as maintenance men and guards.




74

COLLECTIVE BARGAINING PROVISIONS

Another type of differential is the allowance of paid lunch and rest
periods to second and third shift workers when such privileges are
not extended to day workers. (See chapter I , Hours of W ork
(pp. 1 5; 18-19) for illustrative clauses.)
The determination of the hours to which the shift premium applies
is sometimes difficult and is handled in various ways. Sh ift premiums
may apply to all shifts except the day shift or to the third shift only.
Some agreements require the differential to be paid for the entire
shift if a stated proportion of the working time of the shift falls
between specified hours; other agreements require only that the shift
begin or end between certain designated hours in order for the d if­
ferential to be applicable. Frequently, any work between certain
hours, such as 6 p. m. and 6 a. m., is classified as shift work and is
paid for at the premium rate.
The payment o f a shift differential and the amount of differential
may also depend on whether or not shifts are fixed or are rotated.
Under three-shift operations, the third shift differential is some­
times equal to and sometimes greater than that on the second shift.
For overtime hours extending from one shift into the next, some
agreements state that the differential paid shall be that applying to
the shift within which the overtime hours fa ll. In other cases, the
differential paid is that applying to the shift from which the overtime
hours are extended. I f a differential is not applicable to that shift,
no differential is paid for the overtime hours.
A pplicability

of

Shift P remium

12. Premium Applies to Any Shift Other Than Regular Day Shift
Employees who work other than the regular day shift shall be paid an addi­
tional five (5) cents per hour. This provision shall not apply to boiler-room
employees, watchmen, and janitors.
13. Premium for Third Shift
A premium of seven (7) cents per hour shall be paid for all hours worked
during the third shift hours.
14. Premium for Second and Third Shifts
A second shift is any regularly scheduled shift that includes any o f the hours
between 8 p. m. and 12 midnight. Employees assigned to work on this shift shall
receive five (5) cents per hour premium.
A third shift is any regularly scheduled shift that includes any of the hours
between 12 midnight and 4 a. m. Employees assigned to work on this shift
shall receive seven and one-half (IV2 ) cents per hour premium.
15. Premium for Swing and “ Graveyard” Shifts
Employees who work on the swing or graveyard shifts shall receive five (5)
cents per hour in addition and added to their base rate of pay for work performed
on these shifts.
Swing shift shall be defined as the shift starting between the hours of two (2)
p. m. and eleven (11) p. m. Graveyard shift shall be defined as the shift start­



SHIFT OPERATIONS

75

ing between the hours of eleven (11) p. m. and six (6) a. m. The day shift
starting time shall be in accordance with present existing practice and may be
changed only by mutual agreement between the company and the union. The
starting time of the employee’s shift shall determine the shift the employee is
working.
16. Premium for All Work Between Specified Hours
Five (5) cents per hour additional compensation will be paid for work per­
formed between the hours of 6 p. m. and 6 a. m.
17. Premium for Shifts Beginning or Ending Between Specified Hours
Any shift beginning or ending between the hours of 7 p. m. and 7 a. m. shall be
paid 50 cents per shift in addition to the regular rate.
18. Shift Premium Payable I f Majority of Working Hours Are A fter 6 p. m.
It is agreed that union members whose regular schedule requires work wherein
the majority of their working hours are to be worked after 6 p. m. shall receive
a night work bonus of 5 percent or 5 cents per hour, whichever sum is greater.
19. Shift Premium Payable if Majority of Time Worked Falls Between Desig­
nated Hours
A shift bonus of 5 percent will be paid for work on the 2d shift, or if the
majority of the hours fall between 3 p. m. and 11 p. m. A shift bonus o f 10 per­
cent will be paid for work on the 3d shift, or if the majority of the hours fall
between 11 p. m. and 7 a. m.
20. Applicable Shift Premium Paid fo r All Hours Worked if at Least 4 Hours
Worked on That Shift—I f equal hours are worked on two shifts, the
higher premium is paid.
Basic rates cover work done by those who work a majority of their daily
hours between 8 a. m. and 4 p. m. Those who work from 4 p. m. to 12 mid­
night and those who work four or more of their daily hours within this period
shall receive 4 cents per hour extra for their total daily hours. Those who
work from 12 midnight to 8 a. m. and those who work four or more of their
daily hours within this period shall receive 6 cents per hour for their total
daily hours. Where equal hours are worked in two different periods the higher
rate of the two applicable rates will be paid.
21. Women Working Past 6 p. m. To Receive Premium for Total Hours Worked
Any women working after 6 p. m. must receive a premium of 6 cents per hour
above the day rates for all hours put in whether all the hours are after 6 p. m.
or not.
22. Premium Payable A fter Employee Has Been on Night Shift for Two Consecu­
tive Weeks
Any employee who is held on a night shift for more than two (2) consecutive
weeks for the employer’s convenience shall be entitled to a shift differential
to commence with the 3d week o f 4 cents per hour for the 2d shift, that is any
shift beginning between 12 noon and 8 p. m., and 6 cents per hour for the 3d
shift, that is any shift beginning between 8 p. m. and 4 a. m.
23. Differential for Rotating Shifts Only
Employees are entitled to shift differentials only when assigned to rotating
shifts, as follow s:
1.
An employee assigned to the 4 p. m. to 12 midnight shift is entitled
to a shift differential of four (4 ) cents per hour.




76

COLLECTIVE BARGAINING PROVISIONS

2. An employee assigned to the 12 midnight to 8 a. m. shift is entitled
to a shift differential of six (6) cents per hour.
3. An employee assigned to the 8 a. m. to 4 p. m. shift will not be entitled
to any night shift differential.
24. Differential Not Paid When Shift Work Rotated
On operations which are continuous and to which employees are assigned on
a “fixed shift” basis, the company agrees to pay five (5) cents per hour, in ad­
dition to regular rates, for all hours worked by employees on shifts other than
the regular day shift. It is understood that the above shift bonus rate shall
apply to employees only when working on “fixed shifts” and will not apply
in cases where the company follows its past practice of rotating shift work.
25. Specified Classifications Not To Receive Shift Premium
No shift premium shall be paid any employees working in the following clas­
sifications :
Pumper, resident or special
Field repairman “A”
Field repairman “B”
Meter tester
Gas well operator
Head garage mechanic
26. Watchmen and Firemen Excluded From Shift Premium
It is agreed that there shall be a second shift differential pay of 2 cents
per hour. This will apply to all employees working on the second shift, except
watchmen and firemen.
T ype of S h if t P rem ium
27. Ten Cents Per Hour Premium
All classified jobs on the regular night shift will carry a premium o f 10 cents
per hour over the same rates of the day shift.
28. Ten Percent Premium
A ten (10) percent bonus shall be granted to employees regularly assigned to
a work shift where the schedule for such shift requires work after 8 p. m., or
before 6 a. m.
29. Premium of 10 Percent or 10 Cents Per Hour, Whichever Is Greater
All swing shift employees and graveyard shift employees shall receive, in
addition to their regular rate of pay, a bonus o f ten (10) cents or 10 percent
per hour, whichever is higher, with a half-hour lunch period to be taken on
company time.
30. Flat Sum Per Shift as Premium fo r Night Work
Forty cents per shift shall be paid in addition to the regular scales set forth
hereinafter for all work performed on night shifts.
31. Weekly Premium fo r Night Work
When a major portion of the regular assigned tour o f duty falls after 6 p. m.
and before 6 a. m., employees so assigned shall receive additional compensation
of $2.50 a week.
32. Night Differential Graduated According to Weekly Wage Rate
Plant weekly-rated employees whose tours of duty fall wholly or partially
within the period from 7 p. m. to 7 a. m. shall be paid in addition to their basic
rates, a night differential in accordance with the following table:



77

SHIFT OPERATIONS
B a sic W a g e R a te P e r W e e k

Less than $80_____
$30-$39.99________
$40-$49.99________
$50-$59.99________
$60 and over---------

N ig h t D ifferen tia l P e r W e e k

________________

2

_____________
_____________
_____________

3
4
5

________________

6

33. Monthly Bonus for Night Work
Employees on flat salary covered by this agreement shall be paid a night bonus
of $20 per month when assigned to a 40-hour workweek. When regularly sched­
uled to work 48 hours or more per week a night bonus of $27.50 shall be paid.
34. Differential Graduated, According to Ending Time of Shift
A night differential will be paid in accordance with the schedule listed below,
except for Sunday and holiday tours and overtime w ork :
P e r hour

Tours ending between 7 p. m. and 7: 59 p. m________________ $0.01
Tours ending between 8 p. m. and 8 :59 p. m______________ —
. 02
Tours ending between 9 p. m., and 9 :59 p. m___________
. 03
Tours ending between 10 p. m. and 10 :59 p. m_____________
. 04
Tours ending between 11 p. m. and 11:59 p. m_________
.05
All night tours (11 p. m. to 7 a. m .)_______________________
.06
35. Shift Differential Graduated According to Number of Years Employees Have
Been on Night Work
When more than one shift is employed, those employees working on the sec­
ond or third shifts shall receive for such work in addition to their single time
hourly rate for the hours so worked five (5) percent of such single time hourly
rate, during the first year, seven (7) percent of such single time hourly rate
during the second year of continuous night employment, and one (1) percent
additional of such hourly rate during each subsequent year of continuous
night employment until a maximum of ten (10) percent is reached.
36. Differential Graduated According to Amount of Employee's Hourly Rate
A night differential shall be paid on all shifts ending after 8 p. m., including
night shifts as follow s: 5 cents per hour where hourly wage at straight time is less
than 75 cents ;'7% cents per hour where hourly wage at straight time is 75 cents
or more and less than $1; 10 cents per hour where hourly wage at straight time
is $1 or more. Such differential shall start at the beginning of the employee’s
shift. Employees so employed shall rotate shifts not more frequently than
once a month where reasonably possible.
37. Differential Graduated According to Type of Shift Work
The following method o f payment will apply to various types of shift w ork :
1. Two rotating day and evening shifts—five (5) or six (6) day basis— day
rate plus three (3) percent.
2. Three rotating shifts—excluding Sundays—day rate plus five (5) percent.
3. Three or four rotating shifts—including Sunday— day rate plus ten (10)
percent.
4. Frozen evening or night shift—day rate plus ten (10) percent
5. Alternating evening or night shifts—including every Saturday and Sunday—
day rate plus fifteen (15) percent.
38. Eight Hours' Pay for 7 Hours' Work on Second and Third Shifts
When two or more shifts are required, the first shall work between the hours
of 8 a. m. and 5 p. m. for the first 5 days of the week and shall receive the




78

COLLECTIVE BARGAINING PROVISIONS

regular rate of wages. The second and third shifts shall work 7 hours and
receive 8 hours’ pay at the regular rate of wages.
89. Combined Wage and Hour Differential—Third shift workers work fewer hours
and receive a higher premium than second shift workers.
First or regular daylight shift: An eight and a half (8 % ) hour period less 30
minutes for meals on the employee’s time. Pay for a full shift period shall be
a sum equivalent to eight (8) times the regular hourly rate with no premium.
Second sh ift: An eight (8) hour period less 30 minutes for meals on employee’s
time. Pay for a full second shift period shall be a sum equivalent to eight
(8) times the regular hourly rate plus ten (10) percent.
Third sh ift: A seven and one-half (7 % ) hour period less 30 minutes for meals
on employee’s time. Pay for a full third shift period shall be a sum equivalent
to eight (8) times the regular hourly rate plus fifteen (15) percent.
40. Combined Wage and Hour Differential. Third-Shift Workers Work Fewer
Hours but Receive a Lower Premium Than Second Shift Workers
The second shift shall be paid at the rate of 10 cents above the employee’s reg­
ular rate.
The third shift shall receive 5 cents per hour above the regular hourly rate of
pay for 8 hours, but shall work but 6 hours and 30 minutes for the 8 hours’
pay. All work performed over 6% hours will be construed as overtime.
41. Same Premium for Second and Third Shifts
Employees shall receive five (5) cents per hour premium pay for working on
the second and third shifts.
42. Premium fo r
All employees
addition to their
All employees
addition to their

Third Shift Greater than for Second Shift
on the third shift shall receive seven (7) cents per hour in
regular rates of pay.
on the second shift shall receive four (4) cents per hour in
regular rates of pay.

43. Same Hourly Premium for Second and Third Shifts, but Third Shift Em­
ployees Receive 8 Hours 9Pay fo r 6V Hours’ Work
2
Except for flat salary employees, a twelve (12) cents per hour bonus above
the regular base rate shall be paid on the second shift to all employees defined
in the unit. The third shift shall receive a twelve (12) cents per hour bonus
above the regular base rate of pay for 8 hours, but shall work only 6 hours
and 30 minutes for 8 hours’ pay.
44. Parties to Negotiate Amount of Premium Pay fo r Individual Employees
Performing Night Work Where No Additional Shift Has Been Established
Shifts in addition to the regular shift may be established by the employer
with the consent of the union in which event work on such shifts shall be paid
for as follow s: for work performed up to midnight, 5 percent above straight-time
rates; for work performed after midnight, 10 percent above straight-time rates.
Premium pay for individual employees working at night where no additional
shift has been established shall be negotiated in each instance between the
parties. I f they are unable to agree upon the matter it shall be submitted
to arbitration.
45. Nonproduction Employees To Receive Higher Shift Premium Than Produc­
tion Employees
All nonproduction employees working on the third shift will receive a pre­
mium of five (5) cents per hour and all production employees working on the




79

SHIFT OPERATIONS

third shift shall receive a premium of three (3) cents per hour, added to base
rate.
All nonproduction employees working on the first shift will receive a premium
of eight (8) cents per hour and all production employees working on the first
shift shall receive a premium of five (5) cents per hour, added to base rate.
The first shift is the shift now starting at 11:30 p. m. known as the midnight
shift.
46. Employees on Continuous-Shift Operations To Receive Higher Premium Than
Those on Noncontinuous-Shift Operations
A “ noncontinuous operation” is defined as any operation or process whieli is
not inherently continuous and on which the schedule with respect to the num­
ber of hours of the day or week in which the operation is performed may vary
from time to time in accordance with the production demands.
A “ continuous operation” means any operation which is inherently continuous
such as furnace operators, switchboard operators etc., and any operation or
process, which, whenever it is operated is always operated continuously.
Employees regularly scheduled on shift work on noncontinuous operations
shall receive shift premiums on all piecework or day-work performed during
such shifts as follow s:
First shift
Second shift
Third shift
Noncontinuous shift operators________
0
7 percent
9percent
Employees who are engaged in the performance o f a continuous operation
and whose work is scheduled in accordance with a definite and recurring cycle
of rotating shifts designed to provide an equitable distribution of Saturday
and Sunday work among all employees so engaged, and who are, therefore,
frequently scheduled to work on Saturday and Sunday shall receive shift pre­
miums as follow s:
First shift
Second shift
Third shift
Continuous shift operators____3 percent
10 percent
12 percent
No other premium shall be paid to employees on continuous operations for
work performed on Saturday or Sunday or on the day off corresponding to
Saturday or Sunday except as required by law.
47. Employees on Rotating Three-Shift Basis To Receive Higher Premium Than
Those on Rotating Two-Shift Basis
Shift workers on a rotating eight (8) hour, three (3) shift basis shall receive
in addition to their base rate, a shift differential of four (4) cents per hour.
Shift workers on a rotating eight (8) hour, two (2) shift basis shall receive in
addition to their base rate a shift differential o f two and one-half (2 y2) cents
per hour.
48. Men To Receive Higher Shift Premium Than Women
A night differential will be paid in accordance with the schedule below except
for Sunday and holiday tours and overtime work.
j ^

C en ts p e r hou r
differential

4 p. m. to 12 midnight tour-------------------------------------------------- 7%
12 midnight to 8 a. m. tour----------------------------------------------------- 10
FEMALE
4 p. m. to 12 midnight tour-------------------------------------------------12 midnight to 8 a. m. tour---------------------------------------------------




5
6

SO

COLLECTIVE BARGAINING PROVISIONS

S h if t D ifferential for O vertim e H ours
49. Shift Premium for Overtime Hours Determined by Premium for Shift From
Which Overtime Is Extended
The shift differential will attach to the shift actually worked. For example,
the differential for the 4-12 shift will be applied to the hours between 4 p. m.
and midnight as well as at the rate o f one and one-half times the differential for
any overtime worked by a 4r-12 shift worker either before or after his shift.
Similarly, the day shift worker who works overtime either before or after his
shift will not receive any shift differential.
50. Evening Shift Premium Applicable to All Overtime Hours Extending Into
That Shift if More Than 4 Hours* Overtime Worked
When an employee doubles over from the day shift to the evening shift, he
shall receive no premium pay for overtime work unless he works overtime in
excess of 4 hours. In the event the employee works overtime in excess of 4
hours, he shall be paid evening shift premium pay for all hours worked on the
evening shift.
51. Day Shift Employees Not To Receive Shift Premium for Overtime Hours
Shift men, who are scheduled to work on the second shift (normally extending
from 4 p. m. to 12 midnight) shall receive a shift premium of $0.04 per hour for all
hours worked on such shift, and “ shift men” who are scheduled to work on the
third shift (normally extending from 12 midnight to 8 a. m.) shall receive a
shift premium of $0.06 per hour for all hours worked on such sh ift “Day men”
(normally daylight schedule being from 8 a. m. to 5 p. m.) shall receive no shift
premium payment during their regular scheduled hours of work and if required
to work beyond their regular quitting time or called out for work outside of
their regular scheduled daylight hours under conditions requiring time and onehalf overtime payment or “ call-out” payments, no shift premium payment will
be due for hours worked after regular quitting time, provided that any employee
who is given a regular schedule of work hours starting during the normal day­
light schedule and extending after 5 p. m. will receive shift premium of $0.04
per hour for all hours in his regular schedule worked after 5 p. m.
52. Day Shift Employee Paid Differential for Overtime Hours in Excess of Four
An employee regularly scheduled for the day shift who completes his regular
8-hour turn and continues to work into the afternoon shift in excess o f 4 hours
shall be paid the afternoon shift differential for all hours worked in excess of 4
on the afternoon shift.
53. Third Shift Employees To Receive Shift Premium for Hours Before and A fter
Their Regular Shift
An employee on the third shift who works extra hours before the start or after
the end of his regular shift shall receive the third shift premium for all hours
worked.

Shift Schedules and Assignments
Shift scheduling is often complicated, and the details are frequently
excluded from the agreements. Many agreements, however, have pro­
visions intended to minimize the inconvenience of abnormal working
schedules. For example, some of them require that shifts be rotated at
specified intervals, so that all workers will take their turns at night




SHIFT OPERATIONS

81

work. Others provide for rotation by majority vote of the workers
affected. Still others provide that both parties shall work out a plan
whereby shifts may be rotated. Some agreements require that the
union be given advance notice o f changes in the starting and stopping
time o f shifts, and in some cases, changes may be made only by mutual
agreement. (For illustrative clauses regarding establishment and
changes of working hours, see chapter 1, Hours of W ork, pp. 8-1 2.)
The number of hours off between shifts and frequency and continuity
o f days off are sometimes specified in order to insure the workers of
adequate rest between work periods.
Choice of shift in accordance with seniority is frequently permitted
where fixed schedules are the rule. Exceptions to this practice are
sometimes allowed so that older employees may be required to work
with younger employees for training purposes or to maintain highest
efficiency. Employees may also be allowed to exchange shifts tempo­
rarily, for their own convenience. This is done usually after receiving
the consent of management, provided the change does not cause over­
time payments or other additional cost to the company.
54. No Change in Shift Hours Without Mutual Agreement
Shifts shall not be required to start at other than their regular starting time
except when necessary to maintain continuous production or in case o f emergency.
Otherwise, only by negotiations between the company and the union may the
present schedules of shifts and hours of work be changed during the life of this
agreement.
55. I f Multishift Operations Necessary, Schedule of Hours Set by Mutual Agree­
ment
In the event the company deems it necessary to have more than one (1) shift,
hours of work for all shifts will be set by the company in agreement with the
union.
56. Shift Assignments Based Upon Requirements of Employer's Business
Nothing herein contained shall be construed as limiting or preventing the
employer from determining what shift or shifts any of the said employees shall
work provided such action shall not be arbitrary but shall be based upon the
needs and requirements o f the business of the employer.
57. Choice of Shift in Accordance With Seniority
When more than one shift is operated in a department, seniority will govern
preference of shifts within the department.
When an employee desires to change shifts his steward will notify the foreman
in writing. The employee shall continue on his shift for 1 week and transfer
will be made on the next week end provided there is an employee with less
seniority whom he can replace.
In the event operating conditions require the transfer o f employees from one
shift to another, the company will first transfer employees working on the job
involved who have indicated a preference to change shifts. I f additional em­
ployees are needed those with least seniority who are qualified to do the work
involved will be transferred.




82

COLLECTIVE BARGAINING PROVISIONS

58. Transfers From Third to Second to First Shift in Accordance With Seniority
Shift transfers: Vacancies which may occur in any operation which is op­
erated on a shift basis shall be filled by employees in accordance with their
seniority rating as follow s:
Should a vacancy occur on the first shift, the worker on the second shift
having the highest seniority for that operation who desires to make the transfer
shall be assigned to the jo b ;
Should a vacancy occur on the second shift, the same procedure shall be fol­
lowed, and the assignment shall be made from amongst the third-shift workers;
The order in cases of shift transfer shall be from the third shift to the second
shift to the first shift.
59. Senior Employee Given First Chance at Vacancy on Day Shift
When a vacancy occurs on the day shift, notice must be posted, and the night
man with the most seniority on same job be given the opportunity to accept said
job. The night man’s job should be filled before the transfer is made.
60. Senior Employees To Have Precedence Over New Employees for Vacancies
on Day Shift
The company agrees that newly hired employees will not be assigned to vacan­
cies on the day shift if a senior employee on either night shift has applied for
assignment to the day shift and is capable of performing the job in question.
61. Day Workers Given Preference Over New Employees fo r Night Work
Day workers must be given the opportunity to do night work if they so desire
in preference to new employees, if the old employees are qualified to perform
the work.
62. Seniority Disregarded if Transfer to Day Shift Necessary for Employee's
Health
I f on a regularly scheduled shift an opening develops, before a new employee
is hired for such opening the employees in the same occupation working on a
different shift shall, on the basis o f seniority, have an opportunity to transfer to
such shift to fill said opening; provided, however, that no employee may make
more than one such change of shift within a six (6) months’ period.
If an employee working on the night shift can demonstrate to the satisfaction
of the company and the union that he is sick and that night work is harmful
to his health, the company and the union may by mutual agreement suspend
the operation of the preceding paragraph with respect to such employee so as
to permit such employee to be transferred to the day shift regardless of his
seniority status.
63. Shift Preference Not Applicable in Temporary Transfers Necessitated by
Absence of Regular Employees
Vacancies which may occur in any operation which is operated on a shift
basis shall be filled by employees in accordance with their seniority ratings as
follow s: Should a vacancy occur on the first shift, the worker on the second shift
having the highest seniority for that operation who desires to make the transfer
shall be assigned to the jo b ; but if no one on the same occupation on the second
shift requests a transfer to fill the first-shift vacancy, then the employee with
the highest seniority on the third shift shall upon his request be transferred
to fill the first-shift vacancy; should a vacancy occur on the second shift, the
same procedure shall be followed, and the assignment shall be made from amongst
the third-shift workers. The order in cases of shift transfers shall be from
the third shift to the second shift to the first shift. Each employee desiring to




SHIFT OPERATIONS

83

be transferred from one shift to another shall notify his overseer of such desire,
and each overseer shall keep a permanent list by operation o f the employees
desiring to make such transfer. After the transfer has been offered to all on
the list, vacancies may be filled from any source. The provisions of this section
shall not apply to temporary employment or transfer made necessary by the
absence ,of regular employees of the first or second shifts.
64. Choice o f Shift Not Allowed on Rotating Shift Operations
Choice of shifts, but only on work which normally constitutes the daily task
of the employees involved, shall be accorded employees in relation to their unit
seniority, except on work where the skill and experience of certain individuals
are necessary for the proper processing of the products, the operation of a de­
partment or the plant. It is also understood that the choice of shifts provided
for in this section shall not apply in the case of rotating shift operations.
65. Senior Employees To Have Shift Preference Unless Experienced Workers
Needed for Particular Shifts
In assigning employees to shifts, the older employees under ordinary cir­
cumstances will be given preference; however, when it becomes necessary to
strengthen a particular shift due to unusual conditions which might arise due
to increased production schedules or shortages o f adequately trained manpower,
supervision shall select and request experienced employees to work such shift.
66. Exceptions Made To Shift Preference if Necessary To Train New Employees
Employees with the longest job seniority rating shall be given preference with
respect to first-shift work over second- and third-shift work. When necessary,
in order to train new employees, exceptions shall be made by mutual agreement.
67. New Employees Trained on Any Shift, Then Assigned Regular Shift on Basis
of Seniority
New employees on a job may be assigned to any shift for a period not to exceed
2 months for training purposes. At the end o f this training period, they shall
be placed on a shift to which their seniority on a job entitles them.
68. Day Shift Employees Not Required To Work Night Shift Any Longer Than Is
Necessary To Train New Employees
No regularly assigned day shift employee shall be required to work night shift
any longer than is required to train new employees for night work. Employees
transferred to the night shift shall be so transferred with the mutual consent of
the shop committee and the company.
69. Shift Preference Limited to Employees with Minimum of 1 Year's Service—
Employer not required to make shift transfers in any 1 month affecting
more than 5 percent o f the employees on each shift having 1 year or more
o f service.
Employees shall work at the occupation, in the department and on the shift to
which they are assigned and transfer questions relative to shift transfer shall
not be subject to the grievance procedure if the employee has less than one (1)
year of service with the employer. With due regard to the production problems
of the employer, shift preferences will be given to qualified employees having the
greatest seniority in the department among those having one (1) year or more
of service and at least three (3) months on their code at the time the shifttransfer is requested, provided, however, the employer will not be required to
make shift transfers in any 1 month affecting more than 5 percent o f those in a
department on each shift having one (1) year or more o f service and that em­




84

COLLECTIVE BARGAINING PROVISIONS

ployees who are at, or above the qualifying rate are available on the same code
and may be required to replace the employees transferred off a shift. A quali­
fied employee, as defined above, may exercise this prerogative once during the
term of this agreement.
70. Right To Shift Preference Not To Be Exercised More Than Once a Year
Preference of shift shall be by seniority within the same job classification by
departments, but an employee shall not have preference of shifts more than once
every year.
71. Shift Preference To Be Negotiated by Local Union and Management
Shift preference shall be a subject for local negotiations between the local
union and the respective division or plant.
72. Shift Preference for Union Officers
All employees waive their shift preference rights in favor of the duly elected
officers (executive board) o f the union during the term of their office.
73. No Employee Compelled To Work More Than 1 Year Continuously on Night
Shift
In the assignment of working hours, operators senior in point of service shall
be given the privilege of working regular day shifts and no operator shall be
compelled to work more than 1 year continuously on night shift.
74. ' Day Shift Employees Transferred to Other Shifts Are Returned to Former
Positions if Other Shifts Discontinued
It is further likewise agreed that all regular day-time employees taken from
the day shift and placed on the second or night shift, shall be restored to their
regular position on the day shift when and if the second or night shift is
discontinued.
75. Night Workers May Exercise Seniority for Jobs on Day Shift I f Night Shift
Discontinued
Employees working on a night shift shall have the right to exercise their
seniority on day crew, provided the night shift has been discontinued.
76. Shift Rotation Required
Where employees work on shifts, there shall be rotation thereof.
77. Shift Rotation Required When Possible
All employees performing shift work shall rotate when possible between day,
evening, graveyard, and spot shifts. The determination, however, o f the shifts
upon which particular employees shall work at a given time and the manner of
rotation between shifts shall be left to the company.
78. W eekly Rotation of Shifts
Where employees work on shifts, there shall be rotation thereof each calendar
week, subject to legal restraint and mutual agreement.
79. Rotation Every 2 Weeks
Workers, male or female, employed in any branch o f --------- division or any
other department or branch working two shifts or more, shall not be required
to work on the night shift longer than 2 weeks when these workers may, upon re­
quest, be changed for the same length o f time on day shift.
80. Rotation Every 2 Months
Operating shifts will be rotated at least every 2 months.




SHIFT OPERATIONS

85

81. First and Second Shifts Rotate; Third Shift Fixed
In departments where the company is operating more than one shift, all em­
ployees on the first and second shifts shall alternate shifts. The third shift
shall be a fixed shift and employees on this shift shall not alternate with em­
ployees on the first and second shifts.
82. Rotation Determined by Vote of Employees Affected
Periods of rotation for each (shift) may be determined by majority vote of
the employees affected.
83. Rotation by Mutual Agreement
Rotation of shifts shall be determined by the members o f the building or unit,
whichever the case may be, with mutual agreement of management.
84. Rotation at Option of Company but Steward To Be Notified of Changes in
Shift Hours
The company shall retain its right to operate rotating shifts as may, in the
company’s best judgment, be necessary for maximum production. I f a change
is to be made in shift hours, the department steward will be informed as soon
as possible.
85. Premium Payment I f Night Shift Not Rotated
Employees who work on a nonrotating night shift shall be entitled to a
premium pay o f ten (10) cents per hour.
86. Minimum Interval o f 8 Hours Between Shifts
Regardless of the number of hours worked on any one shift, an employee shall
not be required to report for work on the next succeeding shift without at least
an eight (8) hour rest period. I f less than eight (8) hour rest period is
granted, time and one-half will be paid for all hours worked up to the time
when the eight (8) hour rest period would have ended, except where changes
of shift are requested in writing by employees for their own convenience.
87. Minimum Interval of 16 Hours Between Shifts
The company will not post shift schedules or make shift schedule changes with
less than a sixteen (16) hour lapse between the beginning thereof and the end
of the previous shift unless consented to by the employee or employees involved
in the presence of a shop steward.
88. Interval of 16 Hours Between Shifts, 48 Hours Between Workweeks
Boiler room employees working swing shifts on continuous processes (where
the regular Monday to Friday workweek is at present impractical) shall be
allowed a sixteen (16) hour continuous rest period at the end of the regular
shift and a forty-eight (48) hour continuous rest period at the end of their regu­
lar weekly forty (40) hour schedule. Work done by employees during their
regular rest period shall be paid for at the rate of time and one-half.
89. Employees Permitted To Exchange Shifts if Supervisor Consents and There
Is No Additional Cost to Company
Shift employees shall have the privilege of exchanging shifts by individual
arrangement provided (1) their supervisor’s or foreman’s consent is obtained
and (2) the change can be accomplished without additional cost or penalty to
the company.
90. Shift Exchange Must Be Approved by Supervisor and Steward
Arrangements may be made by individual employees who are in accord to
exchange shifts providing written agreement between them is presented in
advance to the supervisor and union steward for their approval.




86

COLLECTIVE BARGAINING PROVISIONS

91. Shift Exchange Permitted Under Specified Conditions
With the approval of the department head, employees may exchange shifts
by mutual agreement for their own convenience; provided,
1. The two (2) employees are on the same job classification;
2. The employees make written request (except in an emergency the arrange­
ments may be made orally and confirmed in writing the following day) ;
3. The exchange of shifts does not result in either employee receiving overtime
compensation.
92. Shift Exchange Not To Violate Applicable Laws or Governmental
Regulations
With the consent of their immediate supervisor, shift employees shall have
the privilege of exchanging shifts within the same workweek, by individual
arrangement, provided the change can be accomplished without additional cost
to the company and without violation of any applicable laws or governmental
regulations.
93. Shift Exchange Must Be for Minimum Period of 30 Days
Employees working in the same occupation in the same department may
“ swap” shifts for a period of not less than thirty (30) days if they so desire
upon approval of the foreman.

Changes

in

Shift A ssignment

Since the efficiency and home life of the workers are likely to be
disrupted by frequent and abrupt transfers from one shift to another,
agreements often place some restriction on such practices. The
employer may be required to give the employee a specified period o f
notice before transferring him to another shift, or to pay him over­
time for the period of notice, unless such transfer is in accordance
with a regular rotating schedule. In a few cases, employees cannot
be changed from one shift to another without their permission.
Some agreements require that employees be given time and a half
or other premium pay for one or more days immediately following
transfer to another shift. Other agreements require that employees
be reimbursed for time lost because of shift changes or that they be
permitted to make up time lost because of such changes.
94. No Shift Transfers Unless Agreed to by the Employees Affected
Members of the party of the second part shall not be transferred from one
shift to another shift unless such transfer is agreed J;o by the members affected.
95. No Transfer to Night Shift Without Mutual Consent of Company and
Union
Employees transferred to the night shift shall be so transferred with the
mutual consent of the shop committee and the company.
96. Day Worker Not To Be Coerced To Transfer to Night Shift
There shall be no coercion or intimidation to force any day worker to work
after 6 p. m. or to transfer to a night shift.
97. One W eek9 Notice of Shift Transfer
s
A man shall not be transferred from one shift to another except upon 1
week’s notice.



SHIFT OPERATIONS

87

98. Advance Notice Except in Emergency Cases
In the event the company contemplates any changes in work which would
require individual employees or groups o f employees to be changed from one
shift to another shift, the company shall notify the employees involved at
least forty-eight (48) hours in advance of such time for such change by posting
the names of such employees upon the company’s bulletin board except in the
case of emergencies.
99. Advance Notice of Change in Shift or Premium Pay in Lieu of Notice
Employees transferred from day shift to night shift, or vice versa, shall be
given twenty-four (24) hours’ notice or shall be paid overtime for the first shift
so worked. Changes of shift shall not result in any loss of time to the employee
and when an employee is transferred from one shift to another with the requisite
twenty-four (24) hours’ notice and where the transfer is for more than one
shift, no overtime pay shall be required.
100. Premium Pay for First 3 Days When Shift Changed
Maintenance men changed to do maintenance work on another shift, if
changed for three (3) days or less shall receive time and one-half for each
hour worked. If the change is for more than three (3) days, they shall receive
time and one-half for the first three (3) shifts. All subsequent shifts worked
shall be paid for at straight time. When a man returns to his regular shift,
no overtime shall be paid.
101. Double Time Paid if Employee Transferred for One Shift Only
When an employee is transferred from one shift to another for one shift
only, he shall be compensated at overtime rate which is double time. In all
cases of transfer the employee affected shall have a minimum rest period of
eight (8) hours between shifts.
102. Time and One-Half for First 4 Hours, Double Time Thereafter, When Em­
ployee Transferred for One Shift Only
When an employee is transferred from one shift to another, for one shift
only, he shall be compensated at overtime rate which is time and one-half,
for the first four (4) hours and double time thereafter. In all cases of
transfer the employee affected shall have a minimum rest period of eight (8)
hours between shifts.
103. Night-Shift Employees Transferred Temporarily to Day Shift Continue To
Receive Night Premium
Day shift employees who shall be transferred temporarily to the night shift
shall be paid the regular night premium. Night shift employees who shall be
transferred temporarily to the day shift shall receive the regular night pre­
mium. A temporary transfer shall not exceed four (4) weeks.
104. No Premium Pay if Shift Change at Employee’s Request
Premium pay will not be paid because of changes in shift made for the con­
venience o f employees involved and at their request.
105. No Premium Pay for Shift Change if Made in Accordance With Established
Rotating Schedule
To facilitate the rotation of shifts, a change in shift may be made with only
8 hours off between leaving one shift and returning to the next shift. Such
changes shall not result in overtime pay if they are made in accordance with
an established rotating schedule.




88

COLLECTIVE BARGAINING PROVISIONS

106. Reimbursement for Time Lost Because of Shift Changes:
If, in any workweek, an employee, as a result o f a shift change permitted
or required by the company, is not permitted or required to work the number
of hours in the then established weekly working schedule, he will be reimbursed
for time lost as a result o f such shift change.
107. Employees Permitted To Make Up Time Lost Because of Shift Changes
When an employee loses time as a result of shift changes or changes in hours
initiated by the company, the company will, where practicable, permit the
employee to make up the time lost at his regular straight rate.

Shift Relief
I f continuous operations are being maintained, a shift worker usually
must remain at his post until his relief mate reports to take over the
responsibility of the job or until the company is able to obtain a substi­
tute. A worker who is not relieved therefore may be required to work
for two consecutive shifts. In some cases, he must work the extra shift
at regular instead of overtime pay, unless the company has been noti­
fied in advance that the relief man will not report and the company
has failed to obtain a replacement. Some agreements provide that if
the relief worker does not appear, the employer must either provide
meals or see that meals are supplied to the worker who is kept on duty.
(F or illustrative clauses regarding meal periods and furnishing of
meals, see chapter 1, Hours o f W ork, p. 18.)
108. Shift Worker Not To Leave Job Until Relieved
No shift employee shall leave his job until properly relieved.
109. Employee May Be Required To Work Extra Shift if Relief Man Fails to
Report
In any event if a shift worker does not report for his regular shift, his mate
shall notify the foreman. He shall then remain at his post until a substitute is
secured, and, if necessary, he shall work the extra shift.
110. Employee Not To Work More Than Two Successive Shifts Without R elief
No hourly employee shall be required to work more than two successive shifts
without relief.
111. Shift Employee To Remain at His Post and Receive Overtime Compensation
if Relief Man Fails to Report
I f a shift employee’s relief fails to show up, such shift employee shall remain
at his post until relieved. All shift employees will be paid tin e and one half for
all work performed:
(1) For consecutive hours worked in excess of 8, or
(2) For hours worked in excess of 8 in any 1 day, or
(3) For hours worked in excess of 40 in any 1 week.
112. No Premium Pay for Shift Employee Working Overtime Unless Company
Notified in Advance that R elief Man Unable To Report
When a shift man is obliged to remain on the job because of the relief man
being late such employee will not draw overtime beyond his schedule unless the
company has been notified six (6) hours in advance that the relief man is unable
to report for duty.



SHIFT OPERATIONS

89

113. R elief Mem Forfeits Right To Work Shift if Tardy and Replacement Has
Been Called
Whenever a relief man is late and the foreman has called a man to come out to
replace the relief man, this automatically cancels the late man’s right to work
that shift or his right to make it up without the company’s consent.

Split Shifts
Workers generally dislike split shifts because of the spread of time
during which they are liable for duty and because of the inconvenience
of traveling back and forth to work more than once a day. Many
agreements prohibit split shifts or permit them only in emergencies.
W ithout expressly referring to split shifts, some agreements in effect
prohibit them im plicitly by stipulating that the hours o f work shall
be continuous and consecutive. However, the daily operation of some
industries— urban passenger transportation and restaurants, for ex­
ample— is characterized by two or more peak periods with relatively
little interim activity. Agreements in such industries usually permit
the splitting of shifts, but regulate the number of splits permissible
and the length o f the spread of hours. For example, only one split in
a shift may be permitted, the shift to be completed within 12 hours.
Under some agreements, employees working broken hours receive a
wage rate differential over and above the regular rate of pay.
114. Split Shifts Prohibited
There shall be no split shifts.
115. Hours Worked To Be Continuous
The hours o f work in each shift shall be continuous.
116. Hours Worked To Be Continuous Except fo r Rest and Lunch Periods
Eight hours shall constitute a day’s work, and shall be consecutive, except
for rest and lunch periods.
117. No Split Shifts Except in Case of Emergency or by Mutual Agreement
There shall be no split shifts, except in case of emergency break-down, or
where mutually agreed upon between the employer and the union. This means
that each employee shall work the hours of his shift continuously, except for
mealtime, which mealtime shall not exceed 1 hour.
118. No Split Shifts on Sundays and Holidays
AU regular runs on Sundays and holidays shall be straight, that is with no time
between the scheduled pieces o f work that is not paid for.
119. Only One Split Permitted in a Shift
Eight hours within twelve with one split only shall constitute a day’s work.
120. Shift Not Completed Within Nine Consecutive Hours Considered a Split
Shift
There shall be no split shifts (work not done within nine (9) consecutive
hours shall be deemed a split shift).




90

COLLECTIVE BARGAINING PROVISIONS

121. Eight-hour Workday To Be Completed Within Eight and One-half Con­
secutive Hours
The regular workday shall consist of eight (8) hours and shall be worked
wdthin eight and one-half ( 8 ^ ) consecutive hours.
122. Restriction on Spread of Hours When Split Shifts Worked
At stations where the spread of hours between schedules necessitates establish­
ment of split shifts, the company may assign station employees to two separate
periods of duty with one off-duty period within a spread of twelve (12) hours,
where regular assigned hours are eight (8) hours per day; where less than
eight (8) hours, the two separate periods of duty are to be within spread of ten
(10) hours. At the request o f the association the elapsed time of specified
shifts will be reduced whenever possible.
123. Specified Proportions of “Runs” To B e Continuous or Completed Within
Designated Spreads of Time
It is agreed that all regularly scheduled service to the public shall be made
into one o f the following kinds of runs:
A. At least 30 percent o f all day runs shall be straight through (no spread
time).
B. At least another 15 percent o f all day runs shall be completed within nine
consecutive hours.
C. At least another 30 percent of all day runs shall be completed within 10
hours and 30 minutes, consecutively.
D. At least another 10 percent of all day runs shall be completed within 11
hours and 30 minutes, consecutively.
E. The remainder of all day runs shall be completed within 12 hours and 30
minutes, consecutively.
F. All night runs shall be straight through runs. A night or relief run is de­
fined to be any run completed after 8 p. m.
124. Hourly Premium fo r Split Shift
Split-shift elevator operators, and those who are required to work irregular
hours, which necessitates their taking both lunch and dinner downtown, and
operators whose work is all or in part between the hours of 8 p. m. and 6 a. m.,
shall be paid at least 5 cents per hour more than the regular hourly wage paid
in the office buildings in which they are employed.
125. Daily Premium for Split Shift
Any employee working a split shift shall receive one (1) dollar extra per day.
126. Eight Hours’ Pay for 7 Hours’ Work I f Shift Split
Split shifts shall be worked within a 12-hour period and only 7 hours’ work
at 8 hours’ pay.
127. Carfare Paid Employees Working Split Shifts
A carfare payment of 20 cents shall be made to an employee for each day on
which she works at least part of both sessions of a morning-evening tour ( “ split
tour” ) provided she lives beyond a half-mile radius from the central office in
which she works on that day and provided further that local public transportation
is available.




Index
Ch apter 1.— H ours of W ork
Length of regular workday and workweek______________________________

Page
2

C la m e

CO
CO
^
rfl
TP' tf




91

3
CO CO COCOCO

(1) Eight-hour workday, 40-hour workweek_____________________
(2) Workweek of 40 hours so long as present provisions of Fair Labor
Standards Act are effective________________________________
(3) Six-day workweek of 48 hours_______________________________
(4) Seven-hour workday, 35-hour workweek______________________
(5) Workday of 7}i hours; workweek of 36)4 hours________________
(6) Eight-hour workday 5 days a week and 4 hours on Saturday____
(7) Six-hour workday, 36-hour workweek; 8-hour workday, 40-hour _
workweek for designated departments_____________________
(8) Thirty-six-hour workweek for manufacturing employees; 40-hour
workweek for nonmanufacturing employees_________________
(9) Workweek of 40 hours for day workers and an average of 42
hours for shift workers___________________________________
(10) Alternating 40- and 48-hour workweeks permissible___________
(11) No more than one shift in any 24-hour period_________________
(12) Transportation agreement: workday measured either in terms of
hours worked or miles traveled____________________________
(13) Designation of normal workday and workweek not a guarantee
that employee will receive that amount of work____________
(14) Employer to maintain adequate system of timekeeping records,
open to inspection by union with consent of employee involved.
Changes in workday and workweek________________________________
(15) Agreement automatically amended to comply with changes in
any law regulating maximum workweek___________________
(16) Automatic reduction of hours without reduction of wages if
workweek reduced by legislation__________________________
(17) Wages may be reopened for negotiation if maximum workweek
reduced by legislation_____________________________________
(18) Either party may reopen agreement for amendment if standard
workweek of more or less than 40 hours established by law or
presidential order_________________________________________
(19) Hours section of agreement reopened for negotiation if Fair
Labor Standards Act repealed, amended, or held unconsti­
tutional or if exempt status of employees changed by adminis­
trative ruling or otherwise_________________________________
(20) Number of hours per shift and number of shifts per week may be
changed at any time by mutual agreement_________________
(21) Either party may reopen contract to negotiate change in work­
week; contract terminated if no agreement reached within 30
days______________________________________________________
(22) Employer may change workweek to conform with changes made
by competitors____________________________________________

4
5
5

5

5
5

5
6

92

COLLECTIVE BARGAINING PROVISIONS

Length of regular workday and workweek— Continued
Changes in workday and workweek— Continued
Clause

(23) Daily or weekly hours may be increased or decreased after con­
sulting union, if business conditions require or in case of
emergency________________________________________________
(24) Union consent required to reduce workweek below 40 hours___
(25) Union consent required prior to installation of regular workweek
of more than 48 hours_____________________________________
(26) Workday reduced to 6 hours if agreed to by 60 percent of local
building craft unions______________________________________
(27) Workweek may be increased from 5 to 6 days after 6 weeks of
overtime operations_______________________________________
Exceptions to regular schedules________________________________________
(28) Shorter workday and workweek for female employees_________
(29) Shorter workweek for women and minors_____________________
(30) Daily and weekly hours for women in accordance with State
law_______________________________________________________
(31) Conditions specified for extension of workweek during desig­
nated seasons______________________________________________
(32) Association agreement: Consent of union and 51 percent of
manufacturers necessary for change in working hours due to
seasonal conditions___ ____________________________________
(33) Men unable to handle winter work given opportunity to work
longer workweek during summer___________________________
(34) Shorter workweek during July and August if store is closed
on Saturday_______________________________________________
(35) Hours of store employees reduced during June-October period,
and further reduced during 8-week period when store is
closed on Saturdays_______________________________________
Scheduling of working hours____________________________________________
(36) Daily starting and quitting time specified____________________
(37) Multiplant agreement: Starting and quitting time at option
of local union and factory manager________________________
(38) Workweek to begin at 12:01 a. m. on Monday________________
(39) Standard workweek to consist of five consecutive days, begin­
ning Monday______________________________________________
(40) Bonus if workdays are not consecutive_______________________
(41) Forty-hour week may be spread over 6 days by mutual agree­
ment______________________________________________________
(42) Establishment and modification of daily and weekly schedules
at discretion of company__________________________________
(43) Company schedules hours of work subject to specific limitations.
(44) Starting day of workweek at discretion of employer so long as
he complies with Fair Labor Standards Act and does not
make change for sole purpose of reducing pay roll__________
(45) Permanent schedule of hours posted__________________________
(46) Work schedule posted 1 week in advance_____________________
(47) Rotating work schedule established upon request of union____
(48) Hours of work may be changed by petition of two-thirds of
employees involved________________________________________
(49) Steward notified of change in posted schedule_________________
(50) Shop committee notified of changes in starting and quitting time
or number of hours to be worked_____________________________




Page

6
6
6
6
6
6
7
7
7
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8
8
8

8
8
9
9
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9
9
9
9
10

10
10
10
10
10
10
10

INDEX

93

Scheduling o f working horns— Continued
C lause

Page

(51) Management to give 5 days’ notice before changing starting
time of workweek_________________________________________
(52) Twenty-four-hour advance notice of first schedule change in any
30-day period; 48-hour notice of any additional change_____
(53) Employee to receive 24 hours’ notice of change in starting time
and 36 hours’ notice of change in weekly schedule__________
(54) Grievance committee and management to confer on schedules
departing from normal workweek but management makes
final determination________________________________________
(55) Number and length of shifts and starting time fixed by employer
after discussion with union and may be taken up as a
grievance_________________________________________________
(56) Changes of more than 1 hour in starting time of shift to be
made only after full and fair consideration of recommenda­
tions of union_____________________________________________
(57) No change in standard schedule except by mutual agreement of
company and union representatives________________________
(58) Written consent of unionrequired to change work schedules___
(59) Changes in working schedules subject to grievance and arbitra­
tion procedure_____________________________________________
(60) Changes of not more than 30 minutes in starting and quitting
time may be made by employer after giving 1 week’s notice to
union; changes of more than 30 minutes must be negotiated
with union and are subject to arbitration___________________
(61) Regular hours suspended during emergencies__________________
(62) Employee not allowed to perform work pertaining to his job
before starting time of shift________________________________
(63) Employee not to enter plant more than 30 minutes prior to
starting time______________________________________________
Equitable distribution of work_____________________________________
(64) Equal distribution of weekly work hours within practicable
limits_____________________________________________________
(65) Distribution of working time within each department over each
3-month period____________________________________________
(66) Employees in each occupational group to have approximately
same number of hours over a 4-month period_______________
(67) Time lost because of illness or at employee’s request considered
as time worked in equalizing hours_________________________
Rest periods___________________________________________________________
(68) All employees to have 5-minute rest periods before and after
lunch______________________________________________________
(69) Rest periods for females only_________________________________
(70) Rest period for all employees during first half of shift and for
female employees only, during second half--------------------------(71) Female piecework rates allow for 2 rest periods daily_____
14
(72) Female employee not to receive rest period unless she is on duty
for more than three consecutive hours______________________
(73) One relief period daily for employees on continuous operations. .
(74) Rest period allowed if employee works more than 8 hours per
day_______________________________________________________
(75) Reasonable relief periods for employees who cannot leave their
stations unless relieved____________________________________




11
11
11

11

11

11
11
12
12

12
12
12
12
12
13
13
13
13
13
14
14
14

14
15
15
15

94

COLLECTIVE BARGAINING PROVISIONS

Rest periods— Continued
C lause

(76) One 15-minute rest period during first half of shift; employees
provided personal relief when needed_______________________
(77) Ten-minute rest period every 2 hours_________________________
(78) Allowance of 5 minutes per hour for personal needs, rest, and
wash-up time______________________________________________
(79) Five-minute intermission after each hour of rehearsal_________
(80) Smoking period morning and afternoon_______________________
(81) Fifteen minutes coffee time morning and afternoon___________
(82) Number of rest periods dependent on job classification________
(83) Length of rest period depends on number of hours of continuous
work______________________________________________________
(84) Rest periods during summer months only_____________________
(85) Continuation of present arrangement allowing employees to
_
obtain refreshments in afternoon and rest period at night_
(86) Rest period between regular and overtime hours______________
(87) Ten-minute rest period for each 2 hours of overtime work_____
(88) Rest periods staggered so that they do not interfere with pro­
duction___________________________________________________
(89) All work in plant to stop during rest periods insofar as possible. _
(90) Smoking and eating on the job prohibited except during rest
periods____________________________________________________
(91) Disciplinary action for abuse of rest period privilege__________
(92) Rest periods may be discontinued in event of abuse of privilege
but union to receive 10 days’ advance notice_______________
(93) Employee who feels that reasonable rest periods are not granted
may take the matter up as a grievance_____________________
(94) Employer may increase hourly rate in lieu of paying for rest
periods____________________________________________________
Meal periods and allowances____________________________________________
(95) Thirty-minute unpaid lunch period___________________________
(96) Unpaid lunch period of not less than 45 minutes or more than 1
hour; if employee is required to take more than 1 hour, excess
time considered working time______________________________
(97) Fifteen-minute paid lunch period_____________________________
(98) Paid lunch periods allowed only if department is on 3-shift
schedule__________________________________________________
(99) Shifts other than day shift receive paid lunch period__________
(100) Paid lunch period for evening shift; extra pay in lieu of lunch
period for early morning shift______________________________
(101) Continuous-operation employees eat lunch while on duty_____
(102) Lunch period included in workday of shift employees, excluded
from workday of day workers______________________________
(103) Lunch period included in workday of underground workers,
excluded from workday of surface workers_________________
(104) Amount of paid and unpaid time for lunch depends on type of
work performed by employee______________________________
(105) Pay for lunch periods computed at regular rate for day workers
and on percentage basis for pieceworkers___________________
(106) Rate of double time for work during lunch period; paid time
allowed to eat lunch after completion of emergency work____
(107) Rate of time and one-half for work through noon lunch period
and until employee released for lunch______________________




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18
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19
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INDEX

95

M eal periods and allowances— Continued
C lause

(108) Employee given one-half day’s pay or time off if required to work
during lunch period________________________________________
Scheduling of lunch period:
(109) Meal period during fifth hour from starting time______________
(110) Lunch period between third and sixth hours of workday______
(111) Meal hours specified but may be varied 1 hour either way____
(112) Lunch period may be varied 1 hour either way under certain
conditions_________________________________________________
(113) Work for morethan 5 hours without a lunch period prohibited.
(114) Work in excess of 5 hours without a meal period paid at overtime
rate_______________________________________________________
Meal allowance or meal furnished by employer:
(115) Cash meal allowance if employee works 2 hours’ overtime____
(116) Meals supplied after 10 hours and every 4 hours thereafter___
(117) Day and shift workers to be provided one or two meals a day,
depending on amount of overtime worked__________________
(118) Cash meal allowance if employees do not receive advance notice
of overtime________________________________________________
(119) Company option to furnish meal or meal allowance to employee
working overtime___________________ _______________ --_____
(120) Company pays for lunch and lunch period if employee has worked
more than 6 hours since last lunch period__________________
(121) Meal or meal allowance and paid meal period for employees work­
ing more than 2 hours’ overtime___________________________
(122) Meal allowance and unpaid meal period for employees working
more than 3 hours’ overtim e______________________________
Traveltime____________________________________________________________
(123) Traveltime back and forth between reporting place and job in­
cluded in regular workday_________________________________
(124) Traveltime between permanent headquarters and job, tem­
porary headquarters and job, and between permanent and
temporary headquarters___________________________________
(125) Portal-to-portal pay for miners_______________________________
(126) Traveltime allowance for city bus and street-car operators____
(127) Maintenance employees allowed traveltime if they ride in com­
pany vehicle_______________________________________________
(128) Construction workers paid for traveltime between worksite and
job headquarters or assembly point. No traveltime in
metropolitan area or where living quarters are provided
n earby___________________________________________________
(129) Traveltime allowed for distances in excess of 1)4 miles________
(130) One-half hour’s pay per day for traveltime___________________
(131) Allowance of 7.35 minutes per day at time and one-half for
traveltime, changing clothes, washing, receiving instructions,
and similar activities______________________________________
(132) Employees traveling to or from out-of-town assignments credited
with 8 hours’ work within each 24 hours___________________
(133) Employee transferred to another location paid for traveltime __
(134) Excessive traveltime cause for discipline or deduction of tim e..
(135) No pay for traveltime. Claims for traveltime not to be proc­
essed through grievance procedure and not to be supported
by union____________________________________




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25

96

COLLECTIVE BARGAINING PROVISIONS
Page

Preparatory activities related to the job-------------------------------------------------

25

Clause

(136) Pay for time spent preparing and repairing tools and equipment.
(137) Time allowance for preparing machines for operation_________
(138) Company must supply tools ready for use or permit employees to
prepare them on company time____________________________
(139) Time spent getting out stock considered working time________
(140) Time allowance for general care of equipment________________
(141) Varying amounts of time allowed different types of employees to
clean up workplace and equipment, return tools, and wash up.
(142) Tool cleaning on company time at end of day________________
(143) Checking tools in and out considered time worked____________
(144) Time allowed for return of tools dependent on type of tools and
distance from check-in point_______________________________
(145) Five-minute allowance for employees to return pneumatic equip­
ment or bulky tools_______________________________________
(146) Employees working outside allowed time to return tools to plant.
(147) Graduated penalties for repeated abuse of wash-up and tool re­
turning time______________________________________________
Time allowance for washing up, changing clothes, and making reports—
(148) Paid wash-up periods before lunch and before quitting time_
_
(149) Wash-up and clothes-changing time at beginning and end of
shift and before lunch_____________________________________
(150) Wash-up time allowed only to employees engaged in unusually
dirty operations___________________________________________
(151) Length of wash-up period depends on job duties______________
(152) Penalty for abuse of wash-up privilege_______________________
(153) Paid dressing period prior to quitting time----------------------------(154) Length of clothes-changing and wash-up time varies on basis of
number of days worked per week__________________________
(155) Time allowed for changing clothes considered working time
for all purposes____________________________________________
(156) Overtime rate paid for time spent changing clothes after a full
8-hour day________________________________________________
(157) Multiplant agreement: continuation of payment for clotheschanging, wash-up, and other incidental time where such
payments are presently made______________________________
(158) Time spent making reports considered working time__________
(159) Three-minute allowance for preparing time slips---------------------(160) Transit operators allowed time to make out reports and turn
in receipts_________________________________________________
Meetings called by employer____________________________________________
(161) Employees compensated for time spent at meetings___________
(162) Minimum of 2 hours’ pay for time spent at meeting called by
company on employee’s day off. --------(163) Limit on number and length of meetings held outside working
hours_____________________________________________________
(164) Maximum of 4 sales promotion and training meetings per year
held after hours; 48 hours’ advance notice required________
(165) Weekly meeting of sales people and 2 general meetings per year
without overtime payment_________________________________




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INDEX

97
Page

Completion of service to customers--------------------------------------------------------

31

Clause

(166) Time spent completing service to customer after quitting time
not considered overtime___________________________________
(167) Time spent completing service to customer not considered over­
time if it does not exceed 16 minutes_______________________
(168) Employees who work more than 15 minutes overtime to com­
plete a transaction allowed overtime pay or commissions
earned during overtime period, whichever is greater________
(169) Any work after closing hour of store to be paid for at overtime
rate_______________________________________________________
Make-up of lost time___________________________________________________
(170) Equal opportunity afforded all employees to make up time at
regular rate to extent allowed by Fair Labor Standards Act_
(171) Time lost without good reason during week made up on Satur­
day at employee’s option at straight-time rate______________
(172) Maximum of 3 days lost because of circumstances beyond
employee’s control may be made up on his regular days off- _
(173) Make-up of time lost because of union activities if department
operating on schedule which makesit permissible___________
(174) Make-up of lost time by mutual agreement of grievance com­
mittee and management__________________________________
(176) Lost time to be made up within same scheduled week; consent
of department head required_______________________________
(176) Company not required to schedule Saturday work to make up
time lost__________________________________________________
(177) Make-up of lost time prohibited_____________________________
Tardiness_______________________________________________________
(178) Tardiness of 3 minutes or less excused________________________
(179) No deduction for first tardiness in each month if it does not ex­
ceed 5 minutes____________________________________________
(180) Minimum of 15 minutes deducted for each tardiness__________
(181) Minimum of one-half hour deducted for each tardiness exceed­
ing 3 minutes; two 10-minute tardinesses per month excusable.
(182) Deduction of Xo of an hour for each 6 minutes’ tardiness or
fraction thereof____________________________________________
(183) Employee not to begin work until next quarter-hour if more
than 5 minutes late________________________________________
(184) Penalty deductions for tardiness; employee not required to
work during penalty period________________________________
(185) Habitual tardiness subjects employee to discipline____________
(186) Penalty graduated according to number of times employee is
tardy--------------------------------------------------------------------------------(187) Penalty for failure to punch time clock properly_______________
(188) Burden of proof on employee if he fails to punch time clock and
claims he was present______________________________________




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34

C h a p t e r 2.— O v ertim e P a y
Page

When overtime rate is payable---------------------------------------------------------------

37

Clause

(1) Overtime paid in compliance with Fair Labor Standards A ct. .
(2) Payment of overtime to conform to applicable State and Federal
laws and regulations-----------------------------------------------------------(3) Overtime rate for hours exceeding 8 per day__________________
(4) Overtime rate for hours exceeding 7 per day__________________
(5) Food processing agreement: Overtime rate for hours exceeding
10 per day on nonperishable pack, and for hours exceeding 12
per day or 72 per week on perishable pack_________________
(6) Overtime rate applicable for all time worked if employee required
to work 24 consecutive hours______________________________
(7) Daily overtime rate not paid when regular shift change causes
employee to work 2 shifts within 24-hour period____________
(8) Overtime paid for work in excess of 40 hours weekly__________
(9) Association agreement: Overtime rate after 40 hours per week in
large shops and after 48 hours in small shops_______________
(10) Association agreement: Overtime rate paid after 40 hours by
employers covered by Federal Wage and Hour Act and after
44 hours by employers not covered_________________________
(11) Regular workweek of 48 hours but overtime paid after 40 hours1
work--------------------------------------------------------------------------------(12) Regular workweek of 37% hours but overtime paid after 40
hours______________________________________________________
(13) Specified classifications of pieceworkers to receive overtime allow­
ance after 35 hours per week. Impartial chairman to deter­
mine whether all pieceworkers are to receive time and one-half
after 35 hours per week, if joint board unable to agree______
(14) Overtime rate paid for work after 8 hours daily or 40 hours
weekly____________________________________________________
(15) Overtime rate after 12 hours per day or 56 hours per week;
workers not to be employed more than 1,000 hours during any
period of 26 consecutive weeks_____________________________
(16) Overtime rate paid after 8 daily or 40 weekly hours in some de­
partments; after 6 daily or 36 weekly hours in other depart­
ments_____________________________________________________
(17) Daily and weekly overtime for all employees except willful ab­
sentees and watchmen who are paid only weekly overtime. _
(18) Overtime rate paid for work before regular starting time______
(19) Overtime pay plus bonus if called to work before specified hours.
(20) Overtime rate paid for work after specified hour______________
(21) Employee paid overtime rate for all work performed if requested
to report before or after his regular starting time, except in
special cases_______________________________________________
(•22) Time worked before and after regular starting and quitting time
of shift considered overtime________________________________
(23) Time and eight-tenths for work outside regular hours, in lieu of
all previous overtime payment practices____________________
(24) Employee credited with one-half hour of overtime if he works
any part of the half-hour__________________________________

98




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INDEX

99

W hen overtim e rate is payable— Continued
Clause

(25) Employee credited with one-quarter hour of overtime if he works
any part of the quarter-hour----------------------------------------------(26) No overtime premium for less than one-quarter of an hour____
(27) Company reserves right to withhold premium pay if absenteeism
of individual is unreasonable; company action subject to
grievance procedure_______________________________________
(28) Overtime pay requirements waived in emergencies resulting
from disasters_____________________________________________
Overtime payments to special groups of employees:
(29) Overtime rates not applicable to watchmen and janitors working
irregular schedules, but compensation to be in accordance with
Fair Labor Standards Act__________________________________
(30) Daily overtime after 9 hours for watchmen, 8 hours for other
employees_________________________________________________
(31) Special schedule for guards and firemen; overtime rate for all
time worked outside schedule______________________________
(32) Truck drivers to receive weekly overtime but not daily overtime.
(33) Multiplant agreement: Truck drivers receive weekly overtime
after 48 hours unless more favorable local arrangements exist.
(34) Licensed deck officers receive overtime pay after 8 hours a day,
except in case of emergency, and after 48 hours a week_____
(35) Daily overtime after 6% hours for third-shift workers, after 8
hours for other workers____________________________________
(36) Weekly overtime pay for manager or substitute manager______
(37) Payment of overtime to employees exempt from Fair Labor
Standards Act not to preclude company from taking ad­
vantage of exemption in future_____________________________
Computation of hours used as basis for overtime________________________
(38) Time off for 9 specified reasons counted as time worked in com­
puting overtime___________________________________________
(39) Time lost through production difficulties or any fault of com­
pany counted as time worked______________________________
(40) Days lost because of lack of work, or sickness or injury occurring
in plant counted as days worked___________________________
(41) Time lost because of death in family or civic duties counted
as time worked____________________________________________
(42) Time spent by union representatives on union duties during
working hours considered time worked_____________________
(43) Recess counted as time worked unless recess caused by public
utility failure---------------------------------------------------------------------(44) Holiday counted as time worked_____________________________
(45) Hours worked on holidays counted in computing weekly over­
time, even though holiday paid for at premium rate__________
(46) Time lost because of vacation, sick leave, and holidays counted
as time worked____________________________________________
(47) Time lost because of lay-offs, or shut-downs counted as time
worked. Absence for personal reasons not counted________
(48) Vacation hours not considered time worked in computing
premium pay---------------------------------------------------------------------Regular rate upon which overtime pay is computed_____________________
(49) Overtime base is average hourly rate as determined by Federal
Wage and Hour Law__________



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100

COLLECTIVE BARGAINING PROVISIONS

Regular rate upon which overtime pay is computed— Continued
Clause

p age

(50) “ Straight time rate” used as base for overtime pay; term de­
fined______________________________________________________
(51) “ Regular rate” used as overtime base for hourly and incentive
workers; term defined_____________________________________
(52) Base is average hourly earnings for week in which overtime
occurred__________________________________________________
(53) Base for incentive workers is average hourly earnings for the
day_______________________________________________________
(54) Computation of overtime pay of pieceworkers illustrated______
(55) Overtime pay of pieceworkers based on minimum rate or piece
rate for work done during overtime hours, whichever is
greater____________________________________________________
(56) Overtime base is average hourly rate, including both incentive
and nonincentive time_____________________________________
(57) Shift differential included in calculation of overtime__________
(58) Shift differential included in calculation of weekly overtime, ex­
cluded in calculation of daily overtime_____________________
(59) Shift premiums, bonus earnings, and other forms of incentive
pay included in base for computation of overtime__________
(60) Skill and penalty differentials added to straight-time rates in
determining base for overtime pay__________________________
(61) Premium pay for work on Saturday and Sunday, as such, not
included in base rate______________________________________
(62) Payments for time not worked not included in determining
regular rate to be used as base for overtime p ay____________
(63) Base of overtime pay of employee in dual rate classification is
rate of job on which overtime is worked, or average hourly
earnings for week, whichever isgreater______________________
(64) Overtime pay of employee transferred to another job for over­
time work based on rate of his regular job or rate of overtime
job, whichever is greater___________________________________
(65) Overtime base of weekly and monthly workers________________
(66) Overtime base of monthly workers determined by dividing
monthly rate by number of regular work hours in month
under consideration________________________________________
(67) Overtime base of monthly workers determined by dividing
annual salary by 2,080 hours_______________________________
(68) First 8 hours on Saturdays, Sundays, and holidays compensated
for at overtime rate; hours exceeding 8 compensated at one
and one-half times overtime rate___________________________
Pyramiding of overtime________________________________________________
(69) Pyramiding of overtime prohibited___________________________
(70) Agreement amended to avoid pyramidingof overtime_________
(71) All premium or penalty pay except night-shift differential con­
sidered overtime; statutory overtime not to be pyramided
upon such overtime________________________________________
(72) Premium pay for work on Saturdays, Sundays, holidays, and
before and after regular hours considered pay for daily and
weekly overtime, not pay for particular hours_____________
(73) Weekly and daily overtime not to be pyramided upon each
other; other overtime pyramided up to maximum of double
time_______________________________________________________



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101

INDEX

Pyramiding of overtime — Continued
C lause

Page

(74) Where more than one overtime rate applicable to same hours,
only the more liberal rate paid_____________________________
(75) Specified types of penalty overtime pyramided on weekly
overtime__________________________________________________
Graduated rates for excessive overtime work____________________________
(76) Double time for work in excess of 11 hoursa day_____________
(77) Double time for work in excess of 16 continuous hours, until
interrupted by a rest period of at least 8 hours_____________
(78) Double time after first 4 hours worked outside regular hours.__
(79) Double time for overtime in excess of 4 hours daily or 15 hours
weekly_______________________ _____________________________
(80) Overtime rate for maintenance employees increased to double
time after 16 daily hours or 48 weekly hours_______________
(81) Overtime rate graduated at 4-hour intervals___________________
(82) Time and one-quarter after 37^ hours per week; time and onehalf after 40 hours_________________________________________
Seasonal exemptions____________________________________________________
(83) Overtime rate after 12 hours per day or 56 hours per week during
14-week period in any calendar year_______________________
(84) Temporary employees may work unlimited hours during
November and Decemberwithout overtime payment________
(85) Overtime rate after 8 hours per day during both seasonal and
nonseasonal periods. Workweek of 40 hours during nonseasonal periods and 48 hours during seasonal periods______
(86) Company agrees not to exercise right to seasonal exemption
period for duration of agreement___________________________
(87) Seasonal exemption allowed by Fair Labor Standards Act
specifically abolished______________________________________
(88) Either employer or union may apply for or appeal from any
rulings, regulations, or interpretations regarding seasonal
exemptions________________________________________________
Time off in lieu of overtime payment___________________________________
(89) Prohibition of time off in lieu of overtime pay________________
(90) Employee may elect to take compensatory time off within 30
days______________________________________________________
(91) Equivalent time off at management’s discretion for hours worked
between 45 and 48 per week_______________________________
(92) Compensatory time and one-half for overtime worked by
monthly or weekly employees if mutually agreeable to em­
ployee and company_______________________________________
(93) Foremen and salaried production personnel allowed time off for
time worked in excess of 48 hours a week_________ ________
(94) Compensatory time off of employees exempt from Fair Labor
Standards Act may be accumulated as additional vacation
time; employees not exempt from act may elect to take time
and one-half off in lieu of overtime pay____________________
(95) Compensatory time off for hours in excess of 30 in a week in
which holiday occurs; employee’s consent required_________
Lay-off to offset overtime payments_____________________________________
(96) No lay-off to equalize overtime worked during same week or
pay period__________




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102

COLLECTIVE BARGAINING PROVISIONS

Lay-off to offset overtime payments— Continued
Clause

Page

(97) Employees not required to take time off or change days off to
avoid overtime payment----------------------------------------------------(98) Workday not to be reduced to offset overtime earned on any
previous day______________________________________________
(99) Employee required to report before his regular shift not to be
sent home early to avoid overtime payment-----------------------(100) Employee not required to take time off to avoid weekly over­
time payment if work is available__________________________
(101) Employee not required to take time off because of overtime
worked except to comply with State law----------------------------(102) Employee not required to take time off for overtime worked
unless question of fatigue involved_________________________
Allocation of overtime work____________________________________________
(103) Overtime allocated in accordance with specified rules_________
(104) Company and union to agree on method of equalizing overtime
within each department____________________________________
(105) Difference in amount of overtime worked by employees in
department not to exceed specified maximum______________
(106) Overtime in departmental occupational group equalized over
3-month period____________________________________________
(107) Overtime work evenly distributed among employees normally
engaged on the work involved_____________________________
(108) Employee assigned to specific job automatically works all
overtime on that jo b ______________________________________
(109) Overtime offered first to employees performing the work, re­
gardless of seniority; second and third offer to other employees
within the department, and to employees outside the depart­
ment, on basis of seniority_________________________________
(110) Equal distribution of overtime among employees requesting
overtime__________________________________________________
(111) Overtime distributed equally among employees who have been
regular in attendance______________________________________
(112) Working and yard foremen share overtime with employees
under them________________________________________________
(113) Committeemen and shop stewards have preference for overtime _
(114) Overtime divided among employees with seniority who are able
to perform work___________________________________________
(115) Allocation of overtime on basis of departmental seniority_____
(116) Employees with least departmental seniority to perform over­
time work if insufficient volunteers available_______________
(117) Allocation of overtime by group seniority on weekdays and by
plant seniority on Saturdays and Sundays__________________
(118) Seniority not the only determining factor in distribution of
overtime; other considerations specified____________________
(119) Employees transferred from other departments for overtime
work on basis of seniority__________________________________
(120) In event of error in allotting overtime, employee paid for lost
time if not given opportunity to make it up within 30 days__
(121) Overtime records open to inspection by union________________
(122) List of employees selected for overtime work available for
inspection by steward before close of shift__________________




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INDEX

103

Allocation of overtime work— Continued
Clause

Page

(123) Overtime worked during each pay period posted on bulletin
board_____________________________________________________
(124) Inequalities in distribution of overtime subject to grievance
procedure; overtime records made available to union repre­
sentative handling grievance----------------------------------------------(125) Refused overtime considered time worked for purposes of
equalizing overtime________________________________________
(126) Hours lost due to illness, refusal to work, or absence considered
hours worked for purposes of equalizing overtime__________
(127) Habitually absent or tardy employees ineligible for overtime
pay until they complete full weekly schedule_______________
(128) Employer may withhold overtime from employee who persists
in laying off after working overtime________________________
(129) Employee forfeits eligibility for future overtime work by failure
to report for overtime work after accepting it_______________
(130) Employee refusing overtime must await his turn before he is
again eligible for overtime_________________________________
(131) Equal distribution of overtime not to interfere with efficient
operation of plant_________________________________________
Restrictions on overtime work__________________________________________
(132) Overtime work prohibited____________________________________
(133) Necessity for overtime work subject to negotiation with union
representatives; overtime work optional with employee______
(134) Overtime performed only with consent of union_______________
(135) Employee not to work more than 182 hours in any four con­
secutive weeks without union consent_______________________
(136) Overtime work prohibited except in emergencies; shop com­
mittee decides whether emergency exists___________________
(137) Overtime permitted in emergencies by mutual agreement of
union and association; maximum overtime of 1 hour per day,
5 hours per week__________________________________________
(138) Employer applies for overtime through association; union
permission to be in writing_________________________________
(139) Union may prohibit overtime on days when union meetings are
held, or in shops where wage and hour provisions of agree­
ment have been violated__________________________________
(140) Union charge of unnecessary overtime work subject to griev­
ance procedure____________________________________________
(141) Union may refuse permission for overtime work if full crew *ot
employed for three full days prior to day employer desires
overtime work_____________________________________________
(142) Overtime work prohibited if qualified laid-off employees
available__________________________________________________
(143) Overtime permitted only when shop is working at capacity or
when no additional workers are available; union to receive
advance notice of overtime_________________________________
(144) Overtime permitted if all workers in the craft are employed
full time__________________________________________________
(145) Overtime worked in such departments as necessary even if total
plant operations not on full-time basis______________________
(146) Employee not required to work more than 12 hours a day------




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104

COLLECTIVE BARGAINING PROVISIONS

Restrictions on overtime work— Continued
Clause

Page

(147) No work in excess of 12 consecutive hours except in case of
emergency or absence of an employee______________________
(148) Maximum of 3 hours’ overtime on days preceding holidays____
(149) Overtime not to exceed 8 hours per week, distributed on desig­
nated days; any additional overtime at option of worker____
(150) Designation of maximum daily and weekly overtime which
male and female employees may be required to work______
(151) Maximum of 10 hours’ work per day and 48 per week except
in emergencies and special cases____________________________
(152) Overtime work in excess of 4 hours a week prohibited if union
can supply satisfactory help_______________________________
(153) Overtime work limited to 10 hours per week during spring and
fall seasons________________________________________________
(154) Employees notified of overtime work before noon_____________
(155) Employee may be excused from overtime work if notice not
given on previous day_____________________________________
(156) Employee receives $1 additional if notice of overtime work not
given before completion of regular schedule_________________
(157) Advance notice required for work on Saturdays, Sundays, and
holidays___________________________________________________
(158) One-day advance notice of overtime whenever feasible; in emer­
gencies, union to cooperate in supplying personnel without
notice_____________________________________________________
(159) Notice of overtime work required but company may request
volunteers to work overtime without notice________________
(160) Employee excused from overtime work if he gives notice at
reporting time that he desires to work only 8 hours_________
(161) Prohibition of interdepartmental transfers for overtime work
except in emergencies______________________________________
(162) Company has right to require overtime_______________________
(163) Union to cooperate in having employees work overtime when
requested__________________________________________________
(164) Employees to honor any fair request to work overtime________
(165) Employee to accept assigned overtime unless he can find a
capable substitute_________________________________________
(166) Company may require employees to work maximum of 4 hours’
overtime if volunteers unavailable_________________________
(167) Overtime not compulsory____________________________________
(168) Overtime on voluntary basis except for maintenance men_____
(169) Discipline for refusal to work overtime_______________________
(170) Employee subject to discipline for failure to work overtime
after he has agreed to work________________________________
(171) Employee who fails to work overtime assignments after accept­
ing it may be denied overtime work for period of time to be
agreed upon by union and managementrepresentatives_____




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70

Chapter 3.— S hift Operations
Limitations on multiple shifts___________________________ — _____________

Pagfe
72

C lause

(1) Multiple shifts prohibited___________________________________ _
(2) No third shift unless permitted by union business agent_______
(3) Night work prohibited where there has previously been no
night work----------------------------------(4) Night shifts permitted in emergency cases; double time paid
unless shifts operated for five consecutive nights____________
(5) Number of shifts periodically negotiated_____________________
(6) Introduction of four-shift operations subject to arbitration if
company and union unable to agree on necessity for such
operations_________________________________________________
(7) Company option of operating two or three shifts______________
(8) Company option to discontinue second shift at any time______
(0) Regular employees guaranteed 40-hour workweek if second shift
introduced________________________________________________
(10) Guarantee of 48 hours' work per week if plant operates on
three-shift basis___________________________________________
(11) Guarantee of 40 hours' work per week for employees placed on
second or night shift— New employees are guaranteed only
30 hours' work____________________________________________
.Shift differentials_________________________________- _____________________
Applicability of shift premium:
(12) Premium applies to any shift other than regular day shift_____
(13) Premium for third shift______________________________________
(14) Premium for second and third shifts__________________________
(15) Premium for swing and “ graveyard" shifts___________________
(16) Premium for all work between specified hours________________
(17) Premium for shifts beginning or ending between specified hours.
(18) Shift premium payable if majority of working hours are after
6 p. m_____________________________________________________
(19) Shift premium payable if majority of time worked falls between
designated hours___________________________________________
(20) Applicable shift premium paid for all hours worked if at least 4
hours worked on that shift— If equal hours are worked on
two shifts, the higher premium is paid______________________
(21) Women working past 6 p. m. to receive premium for total hours
worked____________________________________________________
(22) Premium payable after employee has been on night shift for
two consecutive weeks_________________
(23) Differential for rotating shifts only_________________________ —
(24) Differential not paid when shift work rotated_________________
(25) Specified classifications not to receive shift premium__________
(26) Watchmen and firemen excluded from shift premium_________
Type of shift premium:
(27) Ten cents per hour premium_______________________________
(28) Ten percent premium________________________________________



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COLLECTIVE BARGAINING PROVISIONS

106

Shift differentials— Continued
Type of shift premium— Continued
C lause

(29)
(30)
(31)
(32)
(33)
(34)
(35)

Page

Premium of 10 percent or 10 cents per hour, whichever is greater.
Flat sum per shift as premium for night work________________
Weekly premium for night work_____________________________
Night differential graduated according to weekly wage rate___
Monthly bonus for night work_______________________________
Differential graduated according to ending time of shift---------Shift differential graduated according to number of years em­
ployees have been on night work___________________________
(36) Differential graduated according to amount of employee’s
hourly rate________________________________________________
(37) Differential graduated according to type of shift work-----------(38) Eight hours’ pay for 7 hours’ work on second and thirdshifts. .
(39) Combined wage and hour differential— Third shiftworkers
work fewer hours and receive a higher premium than second
shift workers______________________________________________
(40) Combined wage and hour differential. Third-shift workers work
fewer hours but receive a lower premium than second-shift
workers___________________________________________________
(41) Same premium for second and third shifts____________________
(42) Premium for third shift greater than for second shift_________
(43) Same hourly premium for second and third shifts, but third shift
employees receive 8 hours’ pay for 6)4 hours’ work_________
(44) Parties to negotiate amount of premium pay for individual
employees performing night work where no additional shift
has been established_______________________________________
(45) Nonproduction employees to receive higher shift premium than
production employees______________________________________
(46) Employees on continuous-shift operations to receive higher
premium than those on noncontinuous-shift operations____
(47) Employees on rotating three-shift basis to receive higher pre­
mium than those on rotating two-shift basis_______________
(48) Men to receive higher shift premium than women____________
Shift differential for overtime hours:
(49) Shift premium for overtime hours determined by premium for
shift from which overtime isextended______________________
(50) Evening shift premium applicable to all overtime hours extend­
ing into that shift if more than 4 hours’ overtime worked. _
(51) Day shift employees not to receive shift premium for overtime
hours_____________________________________________________
(52) Day shift employee paid differential for overtime hours in excess
of four____________________________________________________
(53) Third shift employees to receive shift premium for hours before
and after their regular shift________________________________
Shift schedules and assignments________________________________________
(54) No change in shift hours withoutmutual agreement___________
(55) If multishift operations necessary, schedule of hours set by
mutual agreement_________________________________________
(56) Shift assignments based upon requirements of employer’s busi­
ness_______________________________________________________
(57) Choice of shift in accordance with seniority___________________




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INDEX

107

Shift schedules and assignments— Continued
Clause

Page

(58) Transfers from third to second to first shift in accordance with
seniority__________________________________________________
(59) Senior employee given first chance at vacancy on day shift____
(60) Senior employees to have precedence over new employees for
vacancies on day shift_____________________________________
(61) D ay workers given preference over new employees for night
work______________________________________________________
(62) Seniority disregarded if transfer to day shift necessary for em­
ployee’s health____________________
(63) Shift preference not applicable in temporary transfers neces­
sitated by absence of regular employees____________________
(64) Choice of shift not allowed on rotating shift operations_______
(65) Senior employees to have shift preference unless experienced
workers needed for particular shifts________________________
(66) Exceptions made to shift preference if necessary to train new
employees_________________________________________________
(67) New employees trained on any shift, then assigned regular shift
on basis of seniority_______________________________________
(68) D ay shift employees not required to work night shift any longer
than is necessary to train new employees___________________
(69) Shift preference limited to employees with minimum of 1 year’s
service— Employer not required to make shift transfers in
any 1 month affecting more than 5 percent of the employees
on each shift having 1 year or more of service______________
(70) Right to shift preference not to be exercised more than once a
year_______________________________________________________
(71) Shift preference to be negotiated by local union and manage­
ment_________
(72) Shift preference for union officers_____________________________
(73) No employee compelled to work more than 1 year continuously
on night shift______________________________________________
(74) Day shift employees transferred to other shifts are returned to
former positions if other shifts discontinued________________
(75) Night workers may exercise seniority for jobs on day shift if
night shift discontinued____________________________________
(76) Shift rotation required_______________________________________
(77) Shift rotation required when possible_________________________
(78) Weekly rotation of shifts_____________________________________
(79) Rotation every 2 weeks______________________________________
(80) Rotation every 2 months____________________________________
(81) First and second shifts rotate; third shift fixed________________
(82) Rotation determined by vote of employees affected___________
(83) Rotation by mutual agreement_______________________________
(84) Rotation at option of company but steward to be notified of
changes in shift hours_____________________________________
(85) Premium payment if night shift not rotated__________________
(86) Minimum interval of 8 hours between shifts__________________
(87) Minimum interval of 16 hours between shifts_________________
(88) Interval of 16 hours between shifts, 48 hours between work-




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108

COLLECTIVE BARGAINING PROVISIONS

Shift schedules and assignments— Continued
Clause

Page

(89) Employees permitted to exchange shifts if supervisor consents
and there is no additional cost to company_________________
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(90) Shift exchange must be approved by supervisor and steward___
85
(91) Shift exchange permitted under specified conditions___________
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(92) Shift exchange not to violate applicable laws or governmental
regulations________________________________________________
86
(93) Shift exchange must be for minimum period of 30 days________
86
Changes in shift assignment________________________________________
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(94) No shift transfers unless agreed to by the employees affected, _
86
(95) No transfer to night shift without mutual consent of company
and union_________________________________________________
86
(96) Day worker not to be coerced to transfer to night shift_______
86
(97) One week’s notice of shift transfer____________________________
86
(98) Advance notice except in emergency cases____________________
87
(99) Advance notice of change in shift or premium pay in lieu of
notice__________________________________ ;__________________
87
(100) Premium pay for first 3 days when shift changed_____________
87
(101) Double time paid if employee transferred for one shift only____
87
(102) Time and one-half for first 4 hours, double time thereafter,
when employee transferred for one shift only______________
87
(103) Night-shift employees transferred temporarily to day shift
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continue to receive night premium_________________________
(104) No premium pay if shift change at employee’s request________
87
(105) No premium pay for shift change if made in accordance with
established rotating schedule_______________________________
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(106) Reimbursement for time lost because of shift changes_________
88
(107) Employees permitted to make up time lost because of shift
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changes___________________________________________________
Shift relief_____________________________________________________________
88
(108) Shift worker not to leave job until relieved___________________
88
(109) Employee may be required to work extra shift if relief man fails
to report__________________________________________________
88
(110) Employee not to work more than two successive shifts without
relief______________________________________________________
88
(111) Shift employee to remain at his post and receive overtime com­
pensation if relief man fails to report_______________________
88
(112) No premium pay for shift employee working overtime unless
company notified in advance that relief man unable to report.
88
(113) Relief man forfeits right to work shift if tardy and replacement
has been called____________________________________________
89
Split shifts_____________________________________________________________
89
(114) Split shifts prohibited________________________________________
89
(115) Hours worked to be continuous______________________________
89
(116) Hours worked to be continuous except for rest and lunch
periods____________________________________________________
89
(117) No split shifts except in case of emergency or by mutual agree­
ment______________________________________________________
89
(118) No split shifts on Sundays and holidays______________________
89
(119) Only one split permitted in a shift___________________________
89
(120) Shift not completed within nine consecutive hours considered
$ split shi ft—
— ---------------------------- $9




INDEX

109

Split shifts— Continued
Clause

Page

(121) Eight-hour workday to be completed within eight and one-half
consecutive hours_________________________________________
(122) Restriction on spread of hours when split shifts worked______
(123) Specified proportions of “ runs” to be continuous or completed
within designated spreads of time_________________________
(124) Hourly premium for split shift_______________________________
(125) Daily premium for split shift_________________________________
(126) Eight hours' pay for 7 hours' work if shift split______________
(127) Carfare paid employees working split shifts----------------------------




U. S. GOVERNMENT PRINTING OFFICE: 1980

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