Prior to implementing any alternate work schedules, please call Employee & Labor Relations to discuss advanced written notice to the union(s) and meet & confer obligations.

(Dept/Division) and (Union)

(4/10 and/or 9/80) Schedule Pilot Project

(Name of particular units, if the entire division isn’t a part of the pilot)

  1. Goals and Duration of Pilot Project

This pilot project is entered into for the period (beginning date) through (date six months later). The goals of the project are:

  1. To maintain or improve overall productivity and service to the public.
  2. To maintain or improve morale and teamwork.
  3. To provide expanded hours of service to the public.
  4. To reduce staff absences for medical and other appointments by scheduling such appointments on off-days.
  5. To assure that no additional or disproportionate share of unit work falls on staff who do not choose an alternate work schedule.
  6. Specific Conditions of the Project:
  7. During the period of (beginning date) through (end date), each employee in the (specific unit(s) covered) shall indicate his/her desired work schedule. The numbers of employees needed to start at (time), (time), and (time) will be determined by management based on coverage needs. The scheduling options are:
  8. Regular: Five consecutive workdays of nine consecutive hours each, between the hours of (earliest start time) and (latest end time), of which one hour will be the unpaid meal break.
  9. (If offering 4/10) 4/10: Four consecutive workdays, of eleven consecutive hours each between the hours of (earliest start time) and (latest end time), of which one hour will be the unpaid meal break.
  10. (If offering 9/80) 9/80: A two-week schedule providing nine workdays during that period, within the following conditions:
    1. One work week of five work days, consisting of four days of 9 work hours and one day of 8 work hours (each with an unpaid one hour meal break); and
    2. One work week of four days of 9 work hours (with an unpaid one hour meal break) and one day off; the day off on this schedule must fall on the same day of the week as the 8-hour day in the other week.

It is understood and agreed to by all parties to this agreement, including employees participating in the 9/80 schedule, that for the purpose of designating the seven consecutive day work period for the calculation of overtime, one work period shall commence at the midpoint of the employee’s shift of the 8 hour day and end at the midpoint on the day off; the other work period shall commence at the midpoint of the day off and end at the midpoint of the 8 hour day. These periods, for each employee participating in the 9/80 schedule, shall be specifically designated and be declared, in accordance with the Fair Labor Standards Act.

  1. The (managers/unit supervisors) shall then draw up the final schedule for the pilot project period, taking into account their program’s staffing and coverage needs throughout the work week, with the highest priority period being peak usage hours of (list peak usage hours).
  2. The following shall be the criteria for any individual’s participation in the 4/10 and 9/80 schedule:
  3. A current standard performance evaluation.
  4. Willingness to be flexible regarding the specific work schedule.
  5. Satisfactory attendance. Individuals with excessive unscheduled absences (expect to be asked to define this at the meet and confer) will be moved to a regular eight-hour workday.
  6. It is understood that an employee who is still on his/her initial County probationary period or who has received written notice of performance deficiencies may be required to work either an 8/5 schedule or the same schedule as the unit supervisor for the duration of that probationary period or defined period of corrective action.
  7. Schedules, once selected and assigned, will be for the duration of the pilot program. However, it is understood that during the pilot project, the schedules assigned may have to be varied by the unit supervisor because of unanticipated or unusual circumstances that cause staffing needs to change. Employees on jury duty, attending training, or working out-of-class may be required to return to a standard schedule during that period of time. Requests to withdraw from or re-enter the pilot project will be evaluated and determined by the manager.
  8. (If not all units are part of the pilot project): Individuals who are participating in the 4/10 or 9/80 schedule and who, during the pilot project, transfer out of their original unit, will not continue to participate in the 4/10 or 9/80 schedule at a new unit not covered by the pilot project.
  9. If an individual should transfer or be hired into a unit covered by this pilot project during the project period, he/she will move into the schedule of the individual who vacated the position being filled. If the new employee is not filling a vacated position, he/she may have a 4/10 or 9/80 work schedule upon agreement of the unit supervisor, and provided his/her desired schedule fits with those of other unit members to assure the unit’s service and coverage requirements are met.
  10. Schedules must fit the actual work pattern of the unit in such a manner that work is not distributed disproportionately upon one worker or group of workers because of the days off they have chosen, or because they have not chosen a 4/10 or 9/80 work schedule.
  11. The core workday(s) will be (day(s) of the week); no worker may schedule his/her regular 4/10 or 9/80 day off on that day(s).
  12. No person will be permitted work-out-of-classification pay solely because of the absence of another employee on a regularly scheduled 4/10 or 9/80 day off.
  13. (If offering 4/10) Employees on the 4/10 work schedule will be required to make the following holiday adjustments when the holiday is taken off:
  14. Work an 8/5 schedule that week and take the holiday off, or
  15. Retain their 4/10 schedule and charge their time as follows:
    1. If the holiday falls on the employee’s regularly scheduled day off, the employee will have eight (8) hours added to his/her holiday balance.
    2. If the holiday falls on the employee’s regularly scheduled workday, the employee will code his/her timecard for eight (8) hours holiday pay, and will be charged two (2) hours of vacation, compensatory time, or accrued holiday time.
  16. An employee on a 4/10 schedule who works a holiday will be paid at time-and-one-half for eight (8) hours of work on the holiday; the remaining two (2) hours worked shall be at straight time, unless such hours are overtime (work in excess of 40 hours during the week). The employee shall also be credited with eight (8) hours added to his/her holiday accrual balance.
  17. (If offering 9/80) Employees on the 9/80 schedule will be required to make the following holiday adjustments when the holiday is taken off:
  18. Work an 8/5 schedule for that two-week pay period and take the holiday off, or
  19. Retain their 9/80 schedule and charge their time as follows:
    1. If the holiday falls on the employee’s regular scheduled day off, the employee will have eight (8) hours added to his/her holiday balance.
    2. If the holiday falls on the employee’s regularly scheduled nine-hour workday, the employee will code his/her timecard for eight (8) hours holiday pay, and will be charged one hour vacation, compensatory time, or accrued holiday time.
  20. An employee on a 9/80 schedule who works a holiday will be paid at time-and-one-half for eight hours of work on the holiday; the remaining one hour worked shall be at straight time, unless such hour is overtime (work in excess of forty hours during the week). The employee shall also be credited with eight hours added to his/her holiday accrual balance.
  21. Specific Conditions of the Project:
  22. The pilot 4/10 and 9/80 work schedule as set forth herein shall be effective from (beginning date) through (end date).
  23. A meeting shall be scheduled by the parties ninety (90) days after the commencement of this pilot project, to evaluate and resolve any start-up problems. No later than six (6) weeks prior to the end of the pilot project, the parties agree to meet to evaluate whether or in what fashion the project should be continued, modified, or abandoned.
  24. The evaluation factors for the 4/10 and 9/80 pilot project shall be:
  25. Level of service: It is critical that the level of service (remain the same or improve) during the pilot project as during the corresponding period for the previous year. This will be based on past performance evaluations of the unit’s employees as compared to their current performance in the following areas:
    1. Completion of work on schedule: (be able to define this)
    2. Coverage and availability of staff: No decrease in the general productivity, i.e., amount and quality of work, or level of service will be expected. (Give more details as needed.)
  26. Complaints:
  27. Complaints from other offices – there shall be no increase in complaints from other County departments.
  28. Complaints from the public – there shall be no increase in complaints from the public regarding reduced service or responsiveness.
  29. Complaints from staff – there shall be no increase in complaints from staff regarding uneven distribution of work, time spent unproductively, or unavailability of co-workers for work customarily requiring assistance.
  30. Unscheduled time off and time accrual:
    1. Unscheduled absences – Unscheduled sick leave shall be kept to a minimum. A comparison will be made between sick leave use during the pilot project and use for the corresponding period in the previous year. Unacceptable levels of absenteeism will result in termination of 4/10 and 9/80 privileges for an individual or termination of the 4/10 and 9/80 schedules unit-wide.
    2. Coverage problems – In order to implement a 4/10 or 9/80 schedule, it is essential that employees are at their work stations ready to begin work at their scheduled start times, that employees honor break and meal break schedules and return from such breaks on time, and that employees do not leave earlier than scheduled. Any problems in these areas would result in termination of 4/10 or 9/80 privileges for an individual or termination of the 4/10 or 9/80 schedule unit-wide.
    3. Overtime and compensatory time accrual – there shall be no increase in overtime or compensatory time accruals as a result of inability to complete work or need for adequate coverage.

Agreed to this _______ day of _______________, 2010.

For (union name) For (Department/Division)

_____________________ ________________________

2015-04-02