ARTICLE VIII(A) - Modernization Work
Par. 1. Modernization work is hereby defined as any and all
work performed on apparatus enumerated in Article IV and Article
IV(A) in any existing or occupied building, to bring equipment
up to date, including general repairs which are a part of a
modernization job. However, a job which the machine is changed
out or rails are removed, or new rails are installed shall be
construction work. An escalator modernization shall be defined
as the replacement of any or all components except the truss
including general repairs which may be a part of a modernization
job. Any other general repairs and contract service work shall
be excluded from this Article. Modernization work shall be exclusively
performed by Elevator Constructor Mechanics, Elevator Constructor
Helpers and Elevator Constructor Apprentices.
Par. 2. It is agreed the regular working day shall consist
of eight (8) hours worked consecutively with an unpaid lunch
period, between 6 A.M. and 6 P.M., five (5) days per week, Monday
to Friday, inclusive. All other working time shall be classed
as overtime and paid for at double the rate of single time.
Par. 3. Upon notification to the Local Business Representative
or to the Regional Director, if the modernization job is outside
the jurisdiction of a local union, the Company may establish
shift work. Shift work shall not be permitted except in cases
where at least two (2) shifts per day are established for at
least five (5) or more consecutive days including Saturday,
Sunday, or Holiday when worked. One of the shifts must be the
"Day Shift" as defined in Par. 4 below. When special
circumstances exist, such as production or operation needs of
the customer, a second and third shift will be worked without
any day shift when the Company and the Local Business Representative
or Regional Director, if the modernization job is outside the
jurisdiction of the local union, have mutually agreed that one
of the two (2) shifts does not have to be the "Day Shift."
Par. 4. It is agreed that the "Day Shift" shall consist
of eight (8) hours between 8 A.M. and 4:30 P.M., five(5) days
per week, Monday through Friday, inclusive.
Par. 5. The shift following the "Day Shift" shall
work 7 1/2 hours between the hours of 4:30 P.M. and 12:30 A.M.
and shall receive eight (8) hours pay plus an additional 10%
per hour. The shift preceding the "Day Shift" shall
work seven (7) hours between the hours 12:30 A.M. and 8 A.M.
and shall receive eight (8) hours pay plus an additional 15%
per hour.
Par. 6. Any and all work during hours other than the established
hours for any one of the three shifts shall be paid at double
the hourly wage rate including any premium rate of the assigned
shift.
(a) When an employee is called in prior to the regular starting
time for his shift or he works beyond the regular quitting time
of his shift, he shall receive double the hourly wage rate of
his assigned shift for all hours in excess of the established
hours for his shift.
(b) When an employee is required to work hours that are not
continuous with the established hours for his assigned shift
he shall be paid for such hours at double the hourly wage rate
of his assigned shift or double the hourly wage rate of the
shift on which such excess hours are performed whichever rate
is higher.
(c) When the Company assigns an employee to a shift the employee
shall work that shift a minimum of five (5) consecutive days.
However, should the Company reassign an employee to another
shift prior to working five (5) consecutive days, or within
twenty - four (24) hours of completing a shift, the employee
shall receive the applicable overtime rate of the new shift
he is assigned to for the first day only or the applicable overtime
rate of the shift to which he had previously been assigned,
whichever is higher, thereafter the employee shall receive the
applicable rates for the new shift to which he is assigned.
An employee who requests a shift reassignment and is reassigned
as outlined herein, shall receive the applicable rates for the
new shift to which he is assigned at single time only.
(d) When an employee has performed work on another job and he
is directed to work on a shift job within twenty - four (24)
hours after completing work on the other job, he shall receive
the applicable overtime rate of his prior job or the applicable
overtime rate of the shift to which he is assigned whichever
rate is higher.
Par. 7. Any work performed on Saturday, Sunday, or Holiday
shall be paid at double the hourly wage rate of the applicable
shift including any premium rate.
Par. 8. In the case of the second and third shifts and for
the purpose of fringe benefit computations, each employee who
works a full shift shall be considered to have worked eight
(8) hours.
Par. 9. The working hours set forth in Par. 4 and Par. 5 above
may be changed by mutual agreement as provided in Article XXVI.
