FAQ's ABOUT THE RECENTLY NEGOTIATED CHANGES IN ARTICLE 12.17 (TIMEKEEPING)

 

Q: What is Article 12.17?

A: Article 12.17 is a provision of the contract that has existed for 30 years and contains the important bar to timekeeping - "No employee in this unit shall be required to punch a time clock or record attendance with a timekeeper." It also historically has provided that on a self accounting basis an employee "keep daily time records showing actual hours worked".

Q: What changes did PEF and GOER negotiate in Article 12.17 of the contract?

A: Overtime ineligible employees (SG-23 and up) are now required to record actual hours worked in the same manner that has existed for many years for their overtime eligible colleagues (SG-22 and below). The prohibition on the use of time clocks or recording time with a timekeeper were preserved as well as the provision that employees continue to maintain time on self - accounting basis.

Q: Did PEF agree to any changes regarding the manner in which Grade 22's and below keep their time sheets?

A: No. PEF did not agree to any revision of agency practices for SG 1-22's, and only agreed that SG 23's and above would adopt the same attendance practices as their lower graded PEF co-workers.

The negotiated change in Article 12.17 simply removed the historic distinction between overtime eligible (SG 1-22) and ineligible employees (SG23-38) that justified different methods of maintaining time records for each. As a result of this change, Article 12.17 now permits agencies to require overtime ineligible employees to record "actual hours worked" in the same manner as is required of overtime eligible employees. However, the change in language did not modify historic language or practice applicable to overtime eligible employees.

Q: My salary grade is 22 or below. If my agency directs that I change the way I have historically filled out my timesheets what should I do?

A: Follow the directive or risk being charged with insubordination. Then consider filing a grievance. PEF has already filed class action grievances challenging several situations like this. Yours may be one of them. If you aren't sure contact your local PEF representative. If they are unavailable call the Regional PEF Field Office. If unsuccessful there call PEF Central at 1-800-342-4306, ext. 223.

Q: What will PEF do?

A: The contract language covering Grade 22s and below has been in effect for almost 30 years. It provides important protections for the membership. PEF will file a grievance and vigorously defend against any violation of this provision.

Q: Under the new contract how do overtime ineligible employees record their time?

A: Overtime ineligible employees (SG-23 and above) will record their time in the same manner as their co-workers who are eligible for overtime. Instead of just marking "Present" or "Absent", they will record the actual hours worked. The specific forms used, the information required and practices all vary by agency. NOTE: the recording of actual hours worked does not make an SG-23 eligible for overtime. Repeatedly throughout the negotiations, the State reiterated that they were not interested in making more employees eligible for overtime.

Q: I am overtime ineligible. If I can't get overtime, can I adjust my schedule?

A: Maybe, it depends on your agency policy and supervisor. State-wide attendance and leave policy provides that individual appointing authorities may approve individual "work schedule adjustments" which may vary arrival or departure time or the length of a meal period in appropriate cases at agency discretion. Such work schedule adjustments typically must be made within the same pay period as the day(s) the excess time was worked. A work schedule adjustment should be worked out with your supervisor consistent with any agency-specific policy or labor/management agreement on the subject.

Q: As overtime ineligible can I earn comp time?

A: There is no contractual or statutory requirement that overtime ineligible employees must be provided compensatory time, nor is there an official State policy on the subject. However, specific agencies may have informal policies or practices allowing for "compensatory time" in particular circumstances. Generally, such "compensatory time" arrangements are essentially work schedule adjustments. As with "work schedule adjustments" such an arrangement for compensatory time should be worked out with your supervisor consistent with any agency-specific policy, practice or labor/management agreement on the subject.

Q: What does the sideletter mean that electronic systems cannot be used for time and attendance?

A: Electronic recognition systems have long been used in many state agencies. Most often, they are used as electronic keys to restrict access to some or all parts of a building or parking facility. Recent technological advances, however, have made it possible to use electronic systems for other programmatic purposes. When such systems are accessed, the computers invariably record the time each individual used their card or other device to access the system. This has been the case for many years, and PEF has enforced the language of 12.17 to assure that the information collected by these systems could not be used for time and attendance purposes. The Sideletter included in this Agreement reiterates this position, making clear that the changes to the language of Article 12.17 (to have overtime ineligible employees record their actual hours worked) had no impact on our protections against timekeeping.