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UNW Collective Agreement

Article 23 - Overtime

23.01In this Article:
 (a)"Overtime" means work performed by an employee in excess or outside of his/her regularly scheduled hours of work.
 (b)"Straight time rate" means the hourly rate of pay.
 (c)"Time and one-half" means one and one-half times the straight time rate.
 (d)"Double time" means twice the straight time.
23.02An employee who is required to work overtime shall be paid overtime compensation for each completed fifteen (15) minutes of overtime worked by him/her subject to a minimum payment of one (1) hour at the overtime rate when:
 (a)the overtime work is authorized in advance by the Employer, except when employees are required to work in isolated settlements, in which case the Employer must make arrangements for the authorization of overtime prior to the employee's dispatch to an isolated settlement;
 (b)the employee does not control the duration of the overtime work.
23.03Employees shall record starting and finishing times of overtime worked on a form determined by the Employer.
23.04(1)Subject to the operational requirements of the service the Employer shall make every reasonable effort:
  (a)to allocate overtime work on an equitable basis among readily available qualified employees who are normally required in their regular duties to perform that work; and
  (b)to give employees who are required to work overtime reasonable advance notice of this requirement.
 (2)An employee may, for cause, refuse to work overtime, providing he/she places his/her refusal in writing.
 (3)Notwithstanding the permission granted by the Employer to engage in business or employment outside his/her regularly scheduled hours of duty under Article 8, such business or employment may not be approved as a cause to refuse to work overtime.
23.05(a)An employee who is required to work overtime shall be entitled to a minimum of one hour’s pay at the appropriate rate described below in (b).
 (b)Overtime work shall be compensated as follows:
  (i)at time and one-half (1 1/2) for all hours except as provided in Clause 23.05 (b)(ii);
  (ii)at double time (2) for all hours of overtime worked after the first four (4) consecutive hours of overtime and double time (2) for all hours worked on the second or subsequent day of rest, provided the days of rest are consecutive.

Consecutive hours of overtime will not be considered interrupted when:

   (a)one unpaid meal break of up to one hour is taken after a minimum of three consecutive hours have been worked and the employee returns to work after the meal break; or
   (b)the overtime commences immediately prior to the start of the employee’s regular hours of work and continues immediately following the conclusion of the employee’s regular hours of work.
  (iii)in lieu of (i) and (ii) above, the Employer may agree to grant equivalent leave with pay at the appropriate overtime rate to be taken at a time mutually agreeable to the Employer and the employee. Any unused equivalent leave may be carried over into the next fiscal year.
 (c)"First day of rest" is defined as the twenty-four (24) hour period commencing at midnight of the calendar day on which the employee completed his/her last regular shift, and
 (d)When the first and second or subsequent day of rest are consecutive, "second or subsequent day of rest" is defined as the period immediately following expiration of the first day of rest and ending at the time of commencement of the employee's next regular shift.
23.06Notwithstanding anything in this Article, an employee's scheduled hours of work shall not be construed as guaranteeing the employee minimum hours of work.
23.07Where an employee is required to work:
 (a)three (3) or more hours of overtime immediately following his/her regularly scheduled hours of duty; or
 (b)four (4) or more continuous hours of overtime at any other time;
 and, because of the operational requirements of the service, the employee is not permitted to leave his/her place of work, the Employer will either provide the employee with a meal or a meal allowance equal to the average of the breakfast, lunch and dinner amounts set out in Clause 45.05(a).