Section One. Standard Workweek. The standard workweek for all full-time employees shall be forty (40) hours worked in five (5) eight (8) hour days. The standard workweek period shall be defined as commencing on a Friday and concluding on the following Thursday. The standard workday shall be defined as an eight (8) hour work period between the hours of 7:00 A.M. and 5:30 P.M..

A non-standard workweek for full-time employees shall be an average of forty (40) hours of work per week over a specific time period. Non-standard or averaging schedules shall only be provided where overtime premium can be legitimately exempt from the over forty (40) hours work requirement of FLSA.

An unscheduled workweek for full-time employees shall be an averaging work schedule of forty (40) hours with the starting and ending time and the number of work days determined by the requirements of the position. It is understood that management retains the right to make specific assignments within

unscheduled workweek situations, so long as said assignments are posted not later than the Friday prior to the start of the pay period.

The establishment or disestablishment of non-standard or unscheduled workweeks shall be consistent with CGS Section 5-238 and the regulations appurtenant thereto. However, the Union will be advised of any such establishment or disestablishment and the reasons for such schedules shall be discussed with the Union upon request. Employees affected by such establishment or disestablishment shall be provided not less than two (2) weeks notice of schedule change.

Section Two. Meal Breaks. (a) Meal breaks shall be scheduled close to the middle of a shift consistent with the operating needs of the agency.

(b) Employees who are required to work without taking their full scheduled meal break, or who are required to serve without said meal break (or within thirty (30) minutes prior to and forty-five (45) minutes after) shall receive payment or such meal break. Employees who do not have a scheduled meal break shall be compensated for any meal period if such break could not begin within thirty (30) minutes before or seventy-five (75) minutes after the middle of the shift due either to assignment or call-out during said period.

(c) Department of Environmental Protection personnel shall be entitled to a paid meal break while (1) fighting fires, or (2) stocking fish, provided it is not possible to take the meal break within thirty (30) minutes prior to or forty-five (45) minutes following the scheduled meal time.

(d) It is understood that police officers under C.G.S. Section 29-18, fire fighting employees, and Protective Services Trainees-Police and Protective Services Trainees-Fire Fighting, (exclusive of Academy Training), shall be on duty and subject to call during their meal break and shall have their meal break counted as part of their work schedule as time worked. If called out during their meal break, a later meal break may be taken.

(e) The above shall not be construed to alter existing meal break practices for employees not provided for above.

Section Three. Rest Periods. Unless precluded by existing agency policy and subject to the operating needs of any agency, employees will be scheduled to receive a fifteen (15) minute rest period in each half shift.

Section Four. Overtime. (a) The provisions of this Section shall be interpreted consistent with C.G.S. Section 5-245 except when specifically provided otherwise.

(b) The State will pay overtime to eligible employees at time and one-half for hours worked over forty (40) within a workweek, except as provided otherwise in CGA Section 5-245 for employees on rotating shifts and for unscheduled positions and classes for employees on averaging schedules approved by the Director of Labor Relations.

(c) Employees shall continue to be paid overtime consistent with this Agreement, although the parties recognize the statutory obligation that eligible employees be paid overtime in compliance with the provisions of the Federal Fair Labor Standards Act (FLSA).

After the payment of overtime in accordance with the collective bargaining agreement (see generally, this Article), an employee’s additional FLSA payment, if any, shall be computed according to the rules set forth in the FLSA (29, CFR Part 778 ET SEQ.). In determining whether said employee is eligible for FLSA overtime payment, only "hours worked" as defined in the Act, shall be counted. Furthermore, the FLSA liability shall be offset by the amount of overtime payments already paid to said employee in accordance with this Agreement and existing practice, for that FLSA work period.

In order to comply those employees whose schedules are covered by 29 CFR Part 553.230, shall have their payments

offset pursuant to the rules for said section, i.e., twenty-eight (28) day work period or one hundred seventy-one (171) hours.

(d) Call In/Call Back. Effective upon legislative approval of this Agreement, employees who have left work after the end of their scheduled work shift and who are called in or called back for other than their regularly scheduled work shift, other than a continuous extension thereof, shall be compensated as follows:

(1) A minimum of two (2) hours overtime pay for the first two (2) hours work or any portion thereof.

(2) Two (2) hours overtime pay for the next two (2) hours work or any portion thereof.

(3) Pay for work beyond the first four (4) hours shall be paid as overtime on the basis of actual hours worked.

If within said period, in the reasonable judgment of the supervisor, the employee is no longer required for the situation or emergency for which he/she was called in, and/or called back, and except for any unforeseen emergency or situation requiring the employee, then the supervisor shall allow the employee to go off-duty and said employee shall not forfeit said overtime pay. Should an employee be released and subsequently recalled the cycle referenced in l through 3 above shall begin anew. The minimum overtime pay shall begin from the time the employee is called.

(e) Exempt Employees. During the life of this Agreement, Section (5-245)(b)(1) shall be deemed to exempt from overtime all employees being paid above Salary Grade 16. Notwithstanding the above, Section Four F of the State Coalition Agreement on Pay Equity will govern in determining whether a classification is eligible for the overtime payment.

(f) Employees held over after the end of a shift in excess of seven and one half (7.5) minutes shall have all work performed after the shift considered overtime work; for the purpose of computing overtime entitlement time spent shall be rounded off to the nearest quarter hour. A minimum of fifteen (15) minutes of overtime shall be paid to inspectors assigned to Motor Vehicle Office closings.

(g) Work schedules of employees working unscheduled workweeks shall not be reduced after the performance of emergency work (i.e. work performed in addition to that performed during the normal workday) for the purpose of avoiding overtime.

(h) Overtime pay shall not be pyramided

(i) When practicable overtime checks shall be paid no later than the second payroll period following the overtime worked.

Section Five. Equalization of Overtime. To the extent possible, consistent with current practice, voluntary overtime opportunities shall be distributed equally among qualified volunteers with similar skills and duties. The employer will attempt to meet overtime needs by first soliciting volunteers prior to making assignments. It is understood that soliciting volunteers may not be appropriate in emergency situations (including short-notice absences).

Section Six. (a) Effective 7/1/95, employees who are assigned to a fixed duty station and have previously been receiving portal to portal pay, shall have the benefit of counting their travel time to and from the fixed duty station limited to one-half (1/2) hour each way.

(b) Time worked by Motor Vehicle Inspectors who perform special inspection assignments, i.e. race tracks, shall be calculated as follows:

(1) Where the Inspector has a State vehicle assigned to him/her, time worked shall include home-to-duty station and duty station-to-home time;

(2) Where the Inspector must pick up a State Vehicle, time worked shall include pick-up-to-duty station and duty station-to-drop-off time.

(c) Motor Vehicle Inspectors with assigned vehicles who, when traveling to work, stop for emergencies, accidents, motor vehicle breakdowns or any related motor vehicle violation shall be in pay status from the time the Inspector stops at the scene of such emergency, accident, motor vehicle breakdown or motor vehicle violation.

An Inspector, when traveling from his/her assignment at the end of his/her shift, who stops at any emergency, accident, motor vehicle breakdown or for any motor vehicle violation shall be in pay status from the end of the inspector’s assigned shift until completion of such emergency, accident, motor vehicle breakdown or violation.

It is understood that such stops shall be made in accordance with published agency policy.

(d) An employee who is regularly assigned a State vehicle and whose job primarily involves field assignments rather than assignment to a fixed duty station shall be considered to be in pay status commencing with arrival at the first business call until departure from the last business call, provided, however, any travel in excess of twenty (20) miles to or from the employee’s home shall be considered as time worked. The above provisions shall apply only to those occasions when the employee is reporting to a field assignment.

Notwithstanding the above, employees in the classifications of State Animal Control Officer, Liquor Control Agent, Liquor Control Special Agent, Liquor Control Supervising Agent, Enforcement Officer and Conservation Enforcement Officer, whose job primarily involves a field assignment, shall continue the existing practice of including home-to-duty station and duty station-to-home as time worked.

Section Seven. Exchange of Shifts. Employees working under the same shift schedules performing substantially similar work may exchange shifts provided:

(a) no additional cost to the State of Connecticut is imposed;

(b) the employee’s supervisor is given reasonable notice, normally in excess of twenty-four (24) hours, and approves the swap;

(c) the State of Connecticut is not responsible for enforcing agreements made between employees;

(d) approval of shift changes is subject to revocation as dictated by the needs of the Department; and

(e) approval by the supervisor shall not be arbitrarily withheld nor shall revocation of an approved swap be arbitrarily made; and

(f) The swap need not be completed within a particular pay period. The participants are encouraged to complete the swap within a ninety (90) day period.

Section Eight. Workweek Changes. Subject to the provisions of this Agreement, employees shall be notified by the Employer in writing at least ten (10) working days in advance of proposed changes in schedules and implementation except where an emergency condition precludes such action. Workweek changes shall not be arbitrarily made for the specific purpose of circumventing payment of overtime.

Prior to any major schedule change in any work unit, the employer shall notify the Union and upon request shall meet with the Union officers and/or steward(s) in advance to discuss the impact of such changes.

Major schedule changes may be made to meet legitimate business needs and shall not be arbitrarily made.

During the term of this Agreement, the employer shall not modify work schedules from regular shifts to rotating shifts (or vice-versa), without the consent of the Union.

Notwithstanding the above, effective July 1, 1995, Agencies may alter the schedules of employees and avoid the payment of overtime in order to provide training program to staff. When practicable, the Agency, will give ten (10) day notice.

Section Nine. Except as provided elsewhere in this Article, full-time Environmental Protection Maintainers within the Division of Conservation and Preservation shall be assigned to a regular schedule consisting of five (5) consecutive days with two (2) consecutive days off.

Section Ten. Effective upon legislative approval (1985), each Agent and Supervising Agent of the Liquor Control Commission may be assigned to schedules other than the current Monday through Friday, 8:30 to 4:30 shifts for a total of twenty-three (23) times per contract year. Such schedule change shall be effective in accordance with this Article. Employees hired after June 30, 1985 shall not be restricted to the Monday through Friday, 8:30 to 4:30 work schedule, but shall be assigned in accordance with provisions of Article 18, Section 1.

Section Eleven. Consistent with the provisions of Section Eight of this Article, non-emergency schedule changes for Liquor Control Agents (the job series) may not be made without the required ten (10) day notice. Schedule adjustment notices must be provided on the payday of the pay period prior to the effective change. Each notice of schedule adjustment, made after the notice period above would require a special $25 compensation payment to the individual(s) experiencing the schedule change.

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