| Coalition of University Employees (CUE) | 2855 Telegraph Ave., Suite #302, Berkeley, CA 94705 Contact CUE (510) 845-2221 (phone), (510) 845-7444 (FAX) |
This Side Letter of Agreement is intended to clarify Article ___ Hours of Work, K(3)(a) Compensation of Overtime. That provision reads as follows:
3. Compensation of Overtime
In accordance with the following paragraphs, overtime shall be compensated at the appropriate rate either by pay or compensatory time off, if the department offers compensatory time off.
a. Unless the employee and the University agree otherwise, overtime will be paid. An employee may, upon hire and thereafter during the month of June, file a written indication of preference for either compensatory time off or pay with her/his immediate supervisor. The University shall grant the preference indicated.
CUE and the University agree that the intent of this section is to provide clerical employees who work in departments that offer compensatory time off, with the opportunity to elect whether to be compensated for overtime work by pay or by compensatory time off. The parties further agree that if an employee does not elect compensatory time off, she/he will receive overtime pay for overtime hours worked. Employees who work in departments which offer compensatory time off will be given the opportunity to elect to be compensated for overtime hours worked upon hire and during the month of June in each subsequent year of employment. The election to receive compensatory time off rather than pay is to be effective for one year only. If an employee who has elected to receive compensatory time off wishes to continue to receive compensatory time off in subsequent years, the employee must renew the election each June. If the employee does not renew the election, the employee will receive pay for overtime hours worked.
Because the parties had varying interpretations of the "compensation for overtime" provision, a one-time special election period will be held in December 2001. During the December 2001 election period, employees who work in departments which offer CTO, will have the opportunity to elect whether to be compensated for overtime work by pay or by compensatory time off during the period January 2002, until June 2002, when a regular election period will be open. If an employee does not elect CTO in December 2001, the employee will receive pay for overtime worked.
Until December 2001, employees in the CX Unit who previously agreed to receive CTO will continue to receive CTO. In December 2001 CX employees may elect to continue to receive CTO or may choose to receive pay for overtime worked beginning January, 2002.