Collective Bargaining Agreement with AFSCME Local 2910

ARTICLE 22. OVERTIME

Section 1. Time spent performing official business in excess of eight (8) hours a day or forty (40) hours a week shall be considered overtime when officially ordered or approved for employees exempt from the Fair Labor Standards Act (FLSA). An employee covered under the FLSA shall be considered to be in an overtime status when performing work prior to or after the established shift hours or during the prescribed lunch period for the benefit of the Library, whether requested or not, and the Library knows or has reason to believe it is being performed, except for time considered to be insignificant. All employees shall be compensated for overtime work either by compensatory leave or overtime pay in accordance with applicable laws and regulations. For employees participating in compflex or maxiflex see Section 9 (I), Article 21 (Hours of Duty).

Section 2. Overtime assignments will be distributed and rotated equitably among qualified employees in accordance with qualifications needed for the work to be done. The steward may consult with the supervisor concerning the assignments of overtime in an effort to apportion the overtime work equally among all employees as far as possible. Supervisors shall not assign overtime work to employees as a reward or penalty. In the assignment of overtime, the Library agrees to provide the employee(s) with advance notice, if possible. Any employee designated to work overtime on days outside his/her basic work week will be given a day's notice, except in cases of emergency. When overtime is to be performed on a Sunday, or a holiday, two (2) days' advance notice will be given to the employee(s) affected whenever possible, and compensation will be in accordance with applicable laws, regulations, and the provisions of this Agreement. Employees who are available and willing to work may be denied the opportunity to work overtime only if it is necessary to promote the efficiency of the Library.

Section 3. A rotational system will be established whereby each and every employee within a section or organizational unit where the work is to be performed will be given the opportunity to participate in overtime work assignments on an equal basis insofar as operational needs allow. The rotation of overtime assignments which require specialized training or uncommon skills may be limited to employees within the section or organizational unit who possess such training or skills. If sufficient employees from within the unit where the work is being performed are not available to perform the work, the supervisor may assign qualified staff members to work overtime regardless of their organizational unit. Records of employee overtime worked shall be maintained by the Library, including an overtime roster available for review by the Guild.

Section 4. Employees who work overtime after completing the normal eight (8) hour workday shall be allowed one thirty (30) minute rest break during each four (4) hours worked. Employees who work a full eight (8) hours overtime on days not included in their forty (40) hour workweek shall receive breaks in accordance with Section 7 of Article 21 (Hours of Duty). Employees working overtime less than a full day will be allowed one (1) twenty (20) minute rest break during each four (4) hours of work.

Section 5. The Guild acknowledges that the Library retains the right to require employees to work overtime. Employees, however, may be excused from this requirement upon acceptable reason timely offered.

Section 6. An employee officially ordered or who has approval to work overtime one (1) hour or more beyond his/her duty hours, and who must travel between the office and home during hours of darkness or on infrequently scheduled public transportation, shall be reimbursed for transportation fees in accordance with appropriate schedules. The employee must substantiate additional transportation expenses before he/she will be reimbursed.

Section 7. Guild officials, stewards, or bargaining unit employees normally shall not use any official time granted under this Agreement for representational activity while in overtime, holiday, or compensatory status.


Return to Contents

Library of Congress
101 Independence Ave. SE
Washington, D.C. 20540
Comments: lcweb@loc.gov
(04/16/02)