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of the employer) the last five (5) in seniority cannot waive overtime and a refusal to work may make <br />this employee subject to insubordination. <br />Section 33.09 The employer shall endeavor, to make generally equitable distribution of overtime <br />work among maintenance personnel within each classification who are capable of performing the <br />work. The employer shall be the sole judge of the necessity of overtime work to be performed by <br />Maintenance personnel and the employer shall give advance notice to the extent practicable where <br />such overtime is required. Maintenance overtime shall be offered by rotation, by classification. <br />Maintenance personnel may refuse to work an overtime assignment, however any refusal or failure to <br />work the overtime shall be credited as if he had worked for the pnrpose of distribution. If it is <br />determined by ihe employer that an insufficient number of maintenance personnel have not <br />voluntarily accepted an offer to work an overtime assignment, the employer shall have the right to <br />require an appropriate number of maintenance personnel to perform the work assignments by <br />qualified classification. When making such overtime assignments, the employer may require <br />maintenance personnel with the least seniority in the needed qualified classification to perform the <br />overtime assignment. All overtime hours shall be recorded on a daily basis by classification and <br />posted at a work location in the garage and shall be kept current on a daily basis. This overtime Iist <br />shall restart to zero (0) on the first of each calender year. <br />(a) The employer shall be the judge of overtime work whether it is scheduled or an <br />emergency situation. An emergency situation is defined to mean a potential impairment to services or <br />operations which work the employer determines cannot be delayed until the beginning of the next <br />shift or the next day. <br />(b) The employer may also request maintenance staff coverage for a specific day when there <br />are no maintenance personnel scheduled in the garage. The maintenance employee in such a status <br />shall be called "stand by for call in" and shall make himself available for work that day. A person in <br />this status shall be paid for each such day, for two (2) hours at a straight time rate. If the employee is <br />called into work he shall be paid for at least three (3) hours at a time and one-half rate in Iieu of the <br />two (2) hours at a straight time rate which shall only be paid if he is not called into work. A"stand <br />by for call in" maintenance employee shall be rotated by classification on an as needed basis as <br />determined by the employer. The employer shall provide a pager to a maintenance employee in this <br />status. A failure to be able to be reached for a"stand by for call in" maintenance employee shall <br />result in the non-payment of the two (2) straight time hours and ne shall be credited for the time for <br />purposes of rotation distribution. <br />(c) The employer may also ask a maintenance employee if he is home and available for <br />assistance if needed. A maintenance employee in such a status shall be called "available" and is not <br />required to remain at his place of residence. In this status the employee shall only be paid the three <br />(3) hours at time and one-half if he is called into work. <br />(d) The employer shall make an earnest effort to notify maintenance employees when <br />overtime is contemplated or needed as soon as the employer determines the need for said overtirne. <br />Section 33.10 The employer does acknowledge that an employee who is assigned mandatory <br />overtime may occasionally have a legitimate reason to excuse him from working such overtime. The <br />employer may require proof of an excuse and failure to provide a legitimate reason to not work <br />overtime may make this employee subject to insubordination. <br />27 <br />? ..? ., ..?,. .