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EXHIBIT 28 Collective Bargaining Agreements With Unions ...

EXHIBIT 28 Collective Bargaining Agreements With Unions ...

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to the next employee on the list. However, when the next mandatory overtime<br />

assignment occurs, the Employer shall assign such mandatory overtime to the<br />

employee(s) previously passed over.<br />

e. In the event a mandatory assignment is made and the employee who has been<br />

mandated to work requests to be excused, the Employer will make a determination<br />

whether the request is approved or disapproved. If the excuse is accepted, the<br />

Employer will mandate the next employee on the list. However, when the next<br />

mandatory assignment occurs, the Employer shall assign the employee previously<br />

excused.<br />

f. In the event a mandatory overtime assignment occurs within 48 hours of the time<br />

during which the next employee on the mandatory list has worked voluntary<br />

overtime, such employee will be excused from the assignment and the next<br />

employee on the list who has not worked voluntary overtime within the last 48<br />

hours will be assigned. When the next mandatory assignment occurs, the Employer<br />

shall assign the employee previously excused unless the employee has again<br />

worked voluntary overtime during the preceding 48 hours.<br />

g. Employees working overtime will be assigned where the Employer determines the<br />

overtime need exists.<br />

h. Employees entering established equalization units shall be placed on the mandatory<br />

overtime list provided for in Section 2a in seniority order. Such employees will be<br />

credited with a number of mandatory overtime assignments equal to the lowest<br />

number credited to any employee in the mandatory overtime equalization unit.<br />

Section 3. Equalization Unit <strong>Agreements</strong><br />

a. Equalization units may be changed by written agreement of the parties. If either<br />

party requests a change to an established equalization unit, the matter shall be<br />

discussed at labor-management meetings at appropriate local levels. If agreement<br />

is not reached, either party can request that an unresolved equalization unit issue be<br />

submitted to a committee consisting of representatives of the Union and<br />

representatives of the Office of Administration and the department. After a period<br />

of 45 days from the date of the request to submit the unresolved issue to the<br />

committee, either party can request that an unresolved equalization unit issue be<br />

submitted to an arbitration panel. The arbitration panel shall consist of one Union<br />

staff member, one staff member of the department, and one impartial arbitrator<br />

jointly selected by the parties.<br />

b. If a grievance arises over equalization of overtime based on actions taken by the<br />

Employer prior to the date of an agreement or an arbitration award establishing the<br />

applicable equalization unit, an arbitrator shall not award back pay to an employee<br />

due to the Employer's use of the incorrect equalization unit for the equalization of<br />

overtime.<br />

204

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