Public Employees Federation, AFL-CIO
Dear Mr. Brynien:
This letter confirms the understandings reached by the parties during negotiation of the 2007–2011 State/PEF Agreement regarding the creation of a pilot program allowing certain employees in the PS&T bargaining unit to opt to earn compensatory time in lieu of overtime pay for hours worked over 40 in a week.
1. The program is limited to all PS&T bargaining unit employees who are in salary grades 22 and below or otherwise overtime eligible.
3. Enrollment forms will be developed to facilitate employee option into the program and designation of hours sought to be liquidated (see paragraph 9) as soon as practicable following ratification.
4. Once an employee opts into the program, every hour of overtime worked by such employee will earn that employee 1.5 hours of compensatory time to be called Over40 Comp Time.
5. For the purposes of this program, hours in excess of 40 hours in a week will qualify for Over40 Comp Time.
6. Employees on a 37½-hour workweek will still earn compensatory time pursuant to current practice for hours between 37½ and 40. However, only those hours worked in excess of 40 will be credited into this pilot program.
7. Over40 Comp Time can be accumulated to a maximum of 240 hours in a bank separate from the compensatory time bank which reflects time earned for hours worked between 37 ½ and 40 hours. In no case shall employees be permitted to charge absences from work to the Over40 Comp Time bank. Over40 Comp Time hours carried in the bank do not expire and shall be kept in such bank until the employee is separated from service.
8. Similarly, all rules and policies that cover the treatment of compensatory time earned for hours worked between 37 ½ and 40 hours when an employee is transferred, separated from service or at retirement shall apply for Over40 Comp Time in this pilot program.
9. An employee may liquidate up to 120 hours in the bank one time per year payable in the closest payroll period to December 1st at the rate of pay earned at the time of this liquidation.
10. At the time the employee is eligible to liquidate the entire bank of such accrued time, the cash-out value of any Over40 Comp Time accrued shall be at the rate of pay earned at the time of liquidation, but in no event shall it be less than FLSA requirements.
11. If an employee reaches the 240-hour maximum Over40 Comp Time accumulation, any hour of overtime after 40 hours shall be paid at the overtime rate and additional Over40 Comp Time will not be earned in lieu of overtime pay.
The term of this pilot shall be
approximately three years, however in no event shall
it continue beyond
1. Eighteen months after the program begins, the parties shall meet to review and discuss the program to resolve any issues that may arise.
2. This agreement nullifies any local agreements that may exist regarding this issue.
Deputy Director for Contract Negotiation and Administration
Governor's Office of Employee Relations
Countersigned for PEF: