Duplication or pyramiding of Overtime

rexlabor

I know this question has probably come up in the past but as a new member I am trying to see what others would do in this situation.
We have a labor contract that requires Overtime (time and one-half) for hours worked between 9 pm and 6 am. It also requires Overtime for hours worked over 8. There is also a section stating there is no duplication or pyramiding of overtime.
If an employee starts work at 4 am at what point would they get Overtime based on the 8 hours worked claim? As the employer my thought is it would not be until after working 8 hours of straight time, so at 2 pm. The union believes the employee should get overtime beginning at noon based upon their being 8 hours worked from 4 am until noon. 2 of those hours however were paid at Overtime and 6 at straight time. My contention is that we are still allowed 8 hours at straight time. By the way, the daily guarantee in the CBA is only for 4 hours.

Thanks

ACU Frank

As I would interpret it...

4am - 6am: time-and-a-half (shift differential)
6am - 12pm: straight time
12pm - end: time-and-a-half (hours over 8)

Sharon McKnight SPHR

rexlabor

Your first post! Welcome to the Forum. :welcome:

Sharon

PS: I agree with Frank.

pamelah

I have a couple questions that would determine my response. In our PLA we have specified shfits 0700 - 1730. Our overtime for 1.5 time says the first hour worked in excess of the established shift. This would be pre-shift or post shift. Sooo, do you have specified shifts? Is the language you put in your post the specific language in the contract or were you paraphrasing?

rexlabor

The specific language of the contract as it relates to overtime reads as follows:

Hours worked in excess of 8 in one work day, in excess of 40 in one work week, on Saturday and Sunday, and between the hours of 9 pm and 6 am shall be paid at 1 1/2 time the workers base rate.

Other language however states:

There shall be no pyramiding or duplication of overtime for the same hours worked.

If the employee is getting time and one-half from 4 am until 6 am and then overtime after 6 hours of straight time (for a total of 8 hours worked) it appears that he is pyramiding the overtime.

Thanks for the input all.

rexlabor

Thanks Sharon

davids

I agree with Frank's assessment. Your contract language does not say the first eight hours of work have to be at straight-time before time and one-half kicks in.

To me, no pyramiding means an employee doesn't receive time and one-half on top of hours for which he is already receiving time and one-half. For example, if the employee's schedule was noon to 9:00 p.m., but he worked two extra hours to 11:00 p.m., those two hours would be at time and one-half, not time and one half (shift differential) on top of time and one-half (more than 8 hours in a day). Next time the contract is open, you may want to try changing the language.

ACU Frank

I interpret the pyramiding concept the same way David does. Typically, the term is used to indicate employees will not be paid more than time-and-a-half if more than one time-and-a-half condition applies to the same time worked.

pamelah

I agree on the pyramiding interpretation also. Thanks for the language clarification. With nothing specific in place I think Frank's original thoughts on pay were the way to go.