Section 1. Assignment of overtime will be made in the light of the following considerations: special skills of the employees, familiarity with work assignment, particular work requirements subject to the mission of the National Institutes of Health. Whenever possible, overtime assignments will be handled on a volunteer basis. If no volunteers are available, the supervisor will assign overtime to the employees who meet the needs of the duties to be performed in a fair and equitable manner. Overtime assignments shall be made and rotated on a fair and impartial manner, i.e., consistent with law and regulations.

Management will, on a quarterly basis, review the overtime records to ensure that the assignment of overtime is made on a fair and equitable basis. The union will be provided feedback regarding overtime trends. The record, Appendix G, will contain information which shows overtime assignment trends i.e., the number of instances where employees worked or refused the opportunity to work overtime and the actual and available amount of hours employees worked overtime.

Section 2. Overtime will be assigned in accordance with law, applicable rules and regulation. It is understood that the Employer retains the right to hire, reassign, and detail employees in order to alleviate staffing imbalances which may occur within the bargaining unit. Employees will receive notice of overtime assignments as far in advance as possible.

Section 3. It is understood that all employees of the bargaining unit must be willing to accept assignments of overtime work in emergency situations upon short notice. The Agency agrees to make reasonable efforts to give employees advance notice before requiring them to work overtime. The Union recognizes that overtime is a condition of employment under law and regulation, and, further, that the refusal by an employee to perform overtime assignments may result in the employees reassignment, disciplinary action, or such other actions as deemed appropriate by the Employer.

Section 4. All hours of work in excess of eight (8) hours or the appropriate AWS day voluntarily agreed upon by the employee in a twenty-four hour period will be considered overtime, or all hours of work in excess of the forty (40) hours in their basic workweek shall be paid at overtime rates in accordance with applicable regulations.

Section 5. Planned/Scheduled Overtime

When work is planned in advance to be performed on an overtime basis on a day other then the basic workweek, the agency agrees to make a reasonable effort so as to provide at least six (6) hours of work for each employee.

Section 6. Unscheduled/Unplanned Overtime

An employee called in to work on shifts outside his basic workweek shall be excused promptly at such time as it is determined that their services are no longer needed. When the Employee is called back to work unscheduled overtime either after the completion of their workday or on a day outside their regularly scheduled workweek, they will receive a minimum of two (2) hours at the overtime rate in accordance with government-wide rules and regulations.

Shift Overtime When vacancies occur which require coverage of shift work and notice of 24 hours cannot be given, vacancies will be filled by offering overtime. The Building Maintenance Unit Day shift relief operators may be required to change shift because of absences when notified not less than 24 hours in advance.

Section 7. In computing all overtime pay, the employee's hourly rate shall include any applicable shift differential.

Section 8. Bargaining Unit employees will not normally be assigned any combination of overtime and/or regular assignments that does not allow for a rest period within each 24-hour period. The employee may not waive this provision.

Section 9. All overtime that is not classified as an emergency nature shall be classified as scheduled overtime. All overtime that is of a repetitive and consistent nature shall be considered scheduled in accordance with government-wide rules and regulations.

Section 10. Eligible Bargaining Unit employees may receive compensatory time in lieu of overtime in accordance with government-wide rules and regulations.

Section 11. Employees may exchange overtime assignment subject to supervisory approval and in accordance with Section 1 of this Article.

Section 12. Employees who are classified non-exempt by the Fair Labor Standards Act may not perform work outside normal working hours unless specifically ordered or authorized by the Employer to do so.

Section 13. No employees schedule or tour of duty will be changed or modified in order to off set or reduce the payment of overtime to them or any other employee.

Section 14. Employees who work overtime will normally receive one (1) twenty-minute (20) break per every four-hour (4) work period.