board policy · subject category: admi1\1str4.tiye . personnel services alternate work schedules i....
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AC Transit
BOARD POLICY
Policy No. 231
Subject Category: ADMI1\1STR4.TIYE . PERSONNEL SERVICES
ALTERNATE WORK SCHEDULES
I. PURPOSE
To provide a policy framework within which alternate work schedules can be established for District employees. The purposes of alternate work schedules are:
A. To enable employees to travel to and from work during other than peak commute periods whenever appropriate to both District staffing requirements and individual employee needs.
B. To relieve traffic congestion by reducing the number of employee trips to and from work whenever appropriate to both District staffing requirements and individual employee needs.
c. To contribute to employee morale and well-being by minimizing unnecessary constraints on the scheduling of work time. (The extent to which traditional constraints prove to be unnecessary often depends on how well an employee accepts the increased level of individual responsibility inherent in alternate work schedule concepts).
D. To be environmentally responsive and contribute to regional efforts to achieve cleaner air quality.
E. To increase productivity by reducing time off necessary for medical appointments and other pe!sonal matters which require employee time during normal business hours.
PAGE 1 OF 5 Adopted: 3/27/91
Amendment(s): 11/15/91
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II. POLICY
A. Alternate work schedules as described below may be authorized:
1. ~/~0 - Each approved work schedule of this type shall have all of the following characteristics.
a. Forty total work hours per calendar week, including rest breaks.
b. A total of 4 work days per calendar week. Each work day shall consist of 10 working hours including rest breaks.
c. Rest breaks will be provided as follows:
i. First work day of each calendar week-two 15 minute breaks.
ii. Last 3 work days of each calendar week-two 20-minute breaks.
iii. Rest breaks will be paid.
d. One daily meal break may be provided. Where applicable, meal breaks should begin between the fourth and sixth hours of work.
e. The work week begins at 12:01 a.m. on Sunday and ends at midnight on the following Saturday.
f. Applicable only for assignments that as of April 1, 1991, had a 40 hour basic work week including rest breaks.
2. 4/37.5 - Each approved work schedule of this type shall have all of the following characteristics.
a. 37.5 total work hours per calendar week, including rest breaks.
b. A total of 4 work days per calendar week. Three of these work days shall each consist of 9.5 working hours including rest breaks and the one other work day shall consist of 9 working hours including rest breaks.
ALTERNATE WORK SCHEDULE BOARD POLICY NO. 231
03/27/91 (Rev. 11/15/91) PAGE 2 OF 5
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c. Rest_breaks will be provided as follows:
i. First work day of each calendar week-two 15 minute breaks.
ii. Last 3 work days of each calendar week-two 20 minute breaks.
iii. Rest breaks will be paid.
d. One daily meal break may be provided. Where applicable, meal breaks should begin between the fourth and sixth hours of work.
e. The work week begins at 12:01 a.m. on Sunday and ends at midnight on the following Saturday.
f. Applicable only for positions that as of April 1, 1991, had a 37.5 hour basic work week, including rest breaks.
3. 9/BO - Each approved work schedule of this type shall have alternating 4 and 5 day work schedules and all of the following other characteristics.
a. Forty total work hours per calendar week, including rest breaks.
b. A total of 5 work days in 1 calendar week and 4 work days in the other calendar week within each period of 2 consecutive calendar weeks. During the 5 day work week, each work day shall consist of 8 working hours, including rest breaks. During the 4 day work week, except when the week includes a regular holiday, each work day shall consist of 10 working hours, including rest breaks.
c.. Rest breaks will be provided as follows:
i. For each work day of the 5 day work week --two 15 minute breaks.
ii. For each 4 day work week: o First work day--two 15 minute
breaks, o Last 3 work days--two 20 minute
breaks each day.
ALTERNATE WORK SCHEDULE BOARD POLICY NO. 231
03/27/91 (Rev. 11/15/91) PAGE 3 OF 5
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d. One daily meal break may be provid'ed. Where applicable 1 meal breaks should 'begin between the fourth and sixth hours of work.
e. The work week begins at 12:01 a.m. on Sunday and ends at midnight on the following saturday.
f. Applicable only for positions which as of April 1 1 1991 1 had a 40 hour basic work week 1
including rest breaks.
4. 9/75 - Each approved work schedule of this type shall have alternating 4 and 5 day work schedules and all of the following other characteristics.
a. Forty total work hours per calendar week 1
including rest breaks 1 during each 5 day work week and 35 total work hours per calendar week 1 including rest breaks 1 during each 4 day work week that does not include a regular holiday.
b. A total of 5 work days the first calendar week 1 and 4 work days the next calendar week within each period of 2 consecutive calendar weeks when neither week includes a regular holiday. During each 5 day work week 1 the work days shall consist of 8 working hours, including rest breaks. During each 4 day work week that does not include a regular holiday 1 2 of the work days shall consist of 9 working hours 1 including rest breaks, and 2 of the work days shall consist of 8.5 working hours 1 including rest breaks.
i. Whenever a week that includes a regular holiday follows a 4 day work week 1 the next work week after the holiday week shall be a 5 day work week.
ii. Whenever a week that includes a regular holiday follows a 5 day work week 1 the next work week after the holiday shall be a 4 day work week.
c. Rest breaks will be provided as follows:
i. For each work day of the 5 day work week --two 15 minute breaks.
ALTERNATE WORK SCHEDULE BOARD POLICY NO. 231
03/27/91 (Rev. 11/15/91) PAGE 4 OF 5
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ii. -For each 4 day work week: o First work day--two i5 minute
breaks, o Last 3 work days--two 20 minute
breaks.
d. One daily meal break may be provided. Where applicable, meal breaks should begin between the fourth and sixth hours of work.
e. The work week begins at 12:01 a.m. on Sunday and ends at midnight on the following Saturday.
f. Applicable only for positions that as of April 1, 1991, had a 37.5 hour basic work week, including rest breaks.
s. Alternate work schedule requests that do not conform to the above patterns may be approved by the General Manager, at hisjher discretion, based on consideration of the purposes for alternate work schedules as outlined above, operational needs, and applicable policies and procedures of the District.
B. Applicable·provisions of the Fair Labor Standards Act (FLSA) and State of California Wage and Hour Laws and Orders shall be considered in application of this policy. No alternate work schedule shall be established for an employee that will require an increase in hisjher basic compensation.
c. The General Manager shall establish procedures for implementation of this policy.
ALTERNATE WORK SCHEDULE BOARD POLICY NO. 231
03/27/91 (Rev. 11/15/91) PAGE 5 OF 5
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·, _____ ,
AC Transit Regulation No. _ 2_31_
ADMINISTRATIVE REGUlATION Subject Category: ADMINISTRATIVE &
PERSONNEL MA1TERS
ALTIRQTI IOU 8CBBDJJLB8
:I. PURPOSB
The purpose of this requlation is to implement District adopted policies pertaining to alternate work schedules.
:II. GENERAL
A. Alternate work schedules authorized under Section II. A. of Board Policy No. 231 are as reflected in Exhibit A (attached).
B. There will be two cycles per year with effective dates beginning in April and October (concurrent with Daylight Savings Time changes). Opportunities to enroll occur 4-6 weeks before the effective date of each cycle.
Due to the nature of their assignments, employees in some positions may have less flexibility than others relative to use of alternate work schedules. However, all employees are encouraged to review with their supervisors, ways to achieve reasonable work schedule flexibility in accordance with this Board Policy and Administrative Regulation (BPAR). In every case, the final decision as to the availability of an alternate work schedule rests with the responsible Assistant General Manager (AGM).
c. Operational needs shall be the primary consideration in decisions to approve or disapprove employee requests for alternate work schedules. Related criteria and priorities shall be determined by the General Manaqer and may include performance considerations.
D. Records shall be maintained by the District which reflect both the basic work schedule and the approved alternate work schedule, if applicable, for each position. such records shall include at least the following:
PAGE 1 OF 8 Adopted: _..;:J4/~l.:J.l/~9:...1 _
Amendment(s): 11/15/ 91
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1. A copy of each approved alternate work schedule request shall be kept in the employee's personnel file which is maintained by the Human Resources (HR) Department.
2. Each supervisor shall •aintain a current record which describes the basic work schedule and any approved alternate work schedule for each employee and position in the work unit.
D. Except as otherwise provided herein, time off for employees with alternate work schedules shall be requested and approved in accordance with standard District procedures. Supervisors should consider availability of leave time prior to granting leave requests.
B. For all employees, including those with approved alternate work schedules, compensatory time off (CTO) accrual is only permissible after the employee has actually worked 40 hours in a calendar week, and as otherwise provided in District policies and procedures on compensatory time off.
F. Nothing in this Administrative Regulation precludes the responsible AGM's discretion to authorize short-term adjustments of work schedules as required by the needs of the District.
III. PROGRAM
A. An approved alternate work schedule may be revoked at the discretion of the District · due to operational considerations which may include performance problems and related issues involving the availability of supervisory personnel. When this is to occur, the employee should be notified at least two weeks in advance of the effective date.
B. An employee with an alternate work schedule who changes work locations and/or positions will revert to the basic work schedule for his/her new position. An employee in this situation may request an alternate work schedule within 10 working days of the change.
c. New employees may request to participate in this program. Such requests must be made within ten working days of employment. Such requests shall be approved only to the
ALTBRHATB WORK SCBBDULBS ADMINISTRATIVE REGULATION NO. 231
4/11/91 (Rev. 11/15/91) PAGE 2 OF 8
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extent that they can be accollJiloc:lated without adverse operational impact and without requiring changes in previously approved alternate work schedules of other employees.
D. Approval of the responsible AGM on the request form is required prior to implementation of each alternate work schedule.
B. A copy of each approved alternate work schedule request must be submitted by the responsible AGM to HR for the employee's personnel file.
P. A copy of each alternate work achedule request which is DQt approved must be submitted by the responsible AGM to tbe·HR Manager.
G. An employee whose request for an alternate work schedule is not approved should address any related concerns through supervisory channels to his/her department's AGM.
H. The Assistant to the General Manager will be the coordinator of the Alternate Work Schedule program.
I. Situations may arise in which all alternate work schedule requests submitted by 2 or more employees cannot be approved due to coverage problems or other operational concerns. When this happens:
1. The affected employees should be advised by the AGM or his/her designee as to why their requests are regarded as conflicting and why both or all requests cannot be approved as submitted. The employees should then be given the opportunity to collaboratively develop a proposal which would provide for each of them an acceptable alternate work schedule. Such proposals can only be approved if the alternate schedules proposed also meet all requirements of this Administrative Regulation and Board Policy No. 231, Alternate Work Schedules. This could include plans pre-approved by the AGM under which employees within a department could switch days off one time during the cycle.
2. Whenever a conflict is not resolved through the process described in the paragraph above, AGMs will next apply the following criteria in the order listed in deciding which of the conflicting alternate work schedule requests is to be approved:
ALTERNATE WORK ICBBDULBS ADMINISTRATIVE REGULATION NO. 231
4/11/91 (Rev. 11/15/91) PAGE 3 OF 8
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a. Any criteria which does not conflict with provisions of this BPAR or other District policies and procedures and to which all affected employees have agreed in writing.
b. When conflict exists between requests of a supervisor and an -ployee in his/her unit, the request of the supervisor shall be given priority.
c. Approval of the request of the -ployee who bas most often been denied his/her preferred alternate work schedule.
d. Approval of the request of the employee who has most recently been denied his/her preferred alternate work schedule.
e. When conflict exists as a result of coverage requirements, the request of an employee who has back-up responsibility for providing the coverage in question should be approved before that of another employee who has primary responsibility for providing the coverage in question.
Whenever such conflict is not resolved throuqh either of the processes described above, decision should be made through a lottery process in which the supervisor draws names in the presence of witnesses, includinq the employees involved, if feasible.
J. Ytcatiop an4 Sick Leave
Except as provided below in section III. N., charges for vacation and sick leave use by an employee with an alternate work schedule will be based on the alternate work schedule.
1. For employees with a 4/40 or 9/80 work schedule, the number of leave hours charged for each absence will be the same as the number of work hours missed.
2. For employees with a 4/37.5 work schedule, the number of leave hour charged for each absence will be as fol·lows.
ALTBIUJATB WOU 8CBBDULBS ADMINISTRATIVE REGULATION NO. 231
4/11/91 (Rev. 11/15/91) PAGE 4 OF 8
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a. Absence of leas than a full work day - actual nWDber of work hours •lased. (In no event will an exempt employee's base pay be reduced for a day on which they actually work any time at all. See Administrative Regulations Nos. 278 and 280.)
b. Absence of one full work day - actual number of work hours scheduled plus one half hour if the absence falls on 1 of the 3 days with 9.5 work hours, and/or actual number of work hours scheduled plus one hour if the above falls on the one day with 9.0 work hours.
c. Absence of one full work week - 40 hours.
3. For employees with a 9/75 work schedule, the number of leave hours charged for each absence will be as follows:
a. Absence of less than a full work day - actual number of work hours missed. (In no event will an exempt employee's base pay be reduced for a day on which they actually work any time at all. See Administrative Regulations Nos. 278 and 280.)
b. Absence of one full workday - same as the number of work hours missed if during a 5 day work week, and actual number of work hours scheduled plus 1.25 hours if during a 4 day work week.
c. Absence of one full work week - 40 hours.
1t. JurY Duty/Wi tpes• puty
Employees on jury duty/witness duty will receive full pay, and their time will be recorded in accordance with their approved alternate work schedules and as otherwise provided in District policies and procedures on jury duty/witness duty.
lt. Kilitan Leaye
Employees on paid temporary military leave of absence shall receive full pay as defined and otherwise provided in BPAR No. 2.74 and their time will be recorded in accordance with their approved alternate work schedules.
ALTBRNATB WORlt 8CBBDULB8 ADMINISTRATIVE REGULATION NO. 231
4/11/91 (Rev. 11/15/91) PAGE 5 OF 8
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. ·-- /
H. lork lche4ultl ID4 ltat Off QuriDg •••l• lbicb Ipclu4e Jtqular loli4aya
1. During any calendar week which includes a regular District holiday, an employee with an alternate work schedule will revert to the basic work achedule for his/her position.
2. When an employee covered by the provision im.mediately above requests to alao take another day off during the same calendar week and operational needs will not be adversely affected, the request should be approved, if the employee has sufficient holiday, vacation or CTO credits available to cover the absence or elects to take the tiae off without pay. Such absence aust be charged against accrued vacation, holiday or CTO credits or as unpaid leave. In this situation, the number of hours charged against accrued vacation, holiday or CTO credits or unpaid leave will be the same as that which would be charged for an employee in the same position who does not have an alternate work schedule.
H. Tille Off Duripg Weeks fhat Do Hot !Delude Regular Holidays
CTO use must be charged according to the number of hours in the employee's alternate work schedule for each day off taken, except as specified below.
2. Available CTO and/or vacation credits may be combined with a holiday credit when necessary to provide full pay for a day off taken by an employee with an alternate work schedule. Except as provided above, use of holiday credits cannot be authorized for an employee with an alternate work schedule who has none or an insufficient number of hours of CTO or vacation credits available for use unless the employee elects not to be paid for the additional hours or the employee elects to work the full amount of time necessary to receive ·pay for the entire day.
o. pvertia• work
Employees on alternate work schedules will still be required to obtain prior approval, in accordance with District policies and procedures before working any overtime.
ALTERNATE WORK 8CBIDOLBS ADMINISTRATIVE REGULATION NO. 231
4/11/91 (Rev. 11/15/91) PAGE 6 OF 8
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IV. ATTACJDODI'rS
A. bhibit A
Table of Basic Work Schedules and Authorized Alternate Work Schedules
Contact position: Assistant to the General Manager
ALTERNATE WORK SCHEDULES ADMINISTRATIVE REGULATION NO. 231
4/11/91 (Rev. 11/15/91) PAGE 7 OF 8
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• ...... """ Board Policy and Administrative Regulation No. 231 .... ...... Alternate Work Schedule \D ....
Work Schedules Authorized Under Section 11. A. -:u " < Work Per Week . ..., Schedule DaY5/Hours ~ Day 2 Day 3 ~ Days Day 6 Day 7 Doy8
Sr; Ut:C 1. Basic Work Schedules -......H \D2:~ SDay S/40 8.0 8.0 8.0 8.0 8.0 n/a n/a n/o 1-'H -fllt~ ~. S/31.5 1.5 1.5 7.5 7.5 7.5 n/a n/a n/a
~= ~~ ~- 11. Authorized Alternate Work Schedules
~· ~e 4Day 4/40 10.0 10.0 10.0 10.0 off n/a n/a n/a
~- 4/37.5 9.5 9.5 9.5 9.0 off n/o n/a n/a ~n Hill o• 2:~ 2: ... Om . N 90oy CJ
9/80 8.0 8.0 8.0 8.0 B.O 10.0 10.0 10.0 ...,
9Day 9/15 8.0 8.0 8.0 8.0 8.0 9.0 9.0 8.5
:: fil t'!l
CD
0 ~
SEH/BPAR23 I Ql)
. ..
How vocotlon and 0oy9 si~I<Jf!OVe use Is charged
n/o same as work hours missed
n/a actual work hours missed plus 1/2 hour
n/a same os work hours missed
n/a actual work hours missed plus 1/2 hour for absences on 9.5 hour days and actual work hours missed plus one hour for absences on the 9.0 hour doy
10.0 some as work hours missed
8.5 a) same as work hours missed for absences during S day work week and, b) actual work hours missed plus 1.25 hours for absences during the 4 day work week
, . ,•
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fJC Transit 1600 Franklin Street, Oakland, California 94612 D ( 415) 891-4862 Alameda-Contra Costa Transit District
~ON D. BANKS nerim General Manager
April 8, 1991
FROM:
All Non-union Employees ~/
Sharon Banks ~""V'\.._ 1J .~ . TO:
RE: Alternate (4/10) work Week Policy - 4-Day Work week
The AC Transit Board of Directors approved an Alternate Work Week Policy on March 27, 1991. This policy allows the District to establish an optional 4-day work week on a pilot basis.
The pilot implementation of this policy is scheduled to begin on Sunday, May 5, 1991. No other alternate work week schedules are authorized during this pilot. This does not preclude normal use currently available flexible start times for the work day.
A briefing on the policy is planned for April 18, 1991. This briefing will clarify the program's administrative procedures.
Date: 4/18/91 Time: 1:30 - 2:30 P.M. Place: Board Room
Attached is a question/answer sheet which will be helpful in explaining the program and the April 18 Meeting Agenda and timetable.
Please review the attached Alternate Work Week policy prior to attending the briefing. Departments are also asked to post these documents for at least fifteen (15) working days.
This document will be on the agenda for the April 18 briefing. The administrative regulations which establish the procedures for implementation and operation of this program will be sent to you by April 11.
Attachments: Board Policy 4/18 Agenda Question/Answer Sheet
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FOUR DAY ALTERNATE WORK WEEK
Briefing
Date: April 18, 1991
Time: 1:30 - 2:30 P.M.
Place: General Office/2nd Floor Board Room
Please review the policy and administrative procedures along with the Question and Answer Sheet prior to the briefing.
Briefing Agenda
• Alternate Work Week - An overview
• Participation Request Form Distributed
• Payroll Reporting
• Monitoring of the Pilot Program
• Additional Questions/Answers
Project Dates to Remember
April 18:
4/19-22:
4/24:
4/26:
4/29:
4/30:
May 5:
Briefing
Submit requests to Department Manager/Supervisor
Supervisor/Manager to review request and submit to AGM for approval
AGM to notify managers/supervisors of all approvals and denials along with Human Resources and Payroll
Listing of pilot participants submitted to General Manager
Executive Staff to review program start-up
Four-Day Alternate Work Week begins
- Evaluation process ongoing -
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ALTERNATE (4/10) WORK WEEK
QUESTION/ANSWER SHEET
1. What is an Alternate (4/10) Work Week?
- A work schedule in which the employee works the total hours required in his/her basic work week, but the employee is required to physically be present at the work site only four (4) days each calendar week.
2. Why is the District offering a 4-day Alternate Work week?
- To relieve traffic congestion; - To enable employees to travel to and from work during other than peak commute periods; - To contribute to employee morale and well being by minimizing unnecessary constraints on the scheduling of work time;
- To establish an environmentally responsive program and contribute to regional efforts to achieve cleaner air quality; and
- To increase productivity by enhancing family andjor personal time and reducing time off during normal business hours for personal matters.
3. Who can participate?
- The pilot program, which will run through September 30, 1991, is currently only for non-unionized positions. The Labor Relations Department will be having discussions with union officials in the weeks to come about the possibility of extending this program to union employees. It is our goal that the program will eventually include union and non-union employees.
4. If I've been told that the nature of my work is inconsistent with the 4/10 schedule, what can I do about it?
Assistant General Managers (AGMs) are responsible for reviewing all requests for participation. The AGM is also responsible for justifying their decisions that certain positions are ineligible. If you have questions about your position's ineligibility, contact your AGM.
s. When will the new schedule start?
- The request process begins April 19. The first day of the 4-Day Alternate Work Week begins May 5.
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ALTERNATE WORK WEEK- QUESTION/ANSWER SHEET/(cont.) 2
6. can I bank my days vs. using them?
- No. Your agreed upon day off must be taken on that day.
7. What are some of the reasons for removing an employee andfor a position from participating in the 4-day alternate work week program?
Reasons could include, but are not limited to, the following: abuse of policy, loss of productivity, changing District priorities, emergencies, operational considerations, and business necessity.
a. Who decides if my request will be approved?
- Departmental managers will review requests and can recommend approval, but the final decision is made by the area's Assistant General Manager.
9. May I still earn compensatory time if my grade is 6 or below?
- Yes. However, this program must not increase the need for employees to work overtime. Overtime procedures, including comp time (prior approval and other conditions) would remain in place.
10. Will the District allow me to take the day off of my choice?
- The employee's day off will be determined by reviewing such departmental factors as: priori ties, coverage, deadlines, needs of other related functions, requests of fellow employees. The administrative regulations will include procedures for resolving scheduling conflicts.
11. What are some of the other organizations using such a program?
- MTC - Bechtel - County of Alameda - City of Richmond - City of LaHabra
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ALTERNATE WORK WEEK- QUESTION/ANSWER SHEET/(cont.) 3
12. How do I sign up?
Step One: Review the
question/answer program and participation.
policy, administrative regulations, and sheet to ensure you completely understand the the responsibilities associated with
Step Two: Complete the form (which will be issued
administrative regulations on April 11) participation in the alternate (4/10) work week.
step Three:
with the requesting
Once the request form is completed, meet with your supervisor/manager to discuss the guidelines and information in the form.
Step Four: The supervisor/manager will review all requests for
participation. Prior to submitting the request to the to AGM, the supervisor/manager will make a written recommendation of approval or denial.
"-Step Five: - The supervisor/manager will then submit all requests to the Assistant General Manager along with a departmental attendance chart depicting the full weekly schedule for all employees in that work area.
Step Six: - AGM to review all requests and notify the submitting supervisor/manager and the Human Resources and Payroll Departments of the decision on all approvals and denials.
Step Seven: - The supervisor/manager will notify the requesting employee of the approval or denial of their request. Where the request is denied, the employee will be given the rationale for that decision .
. /'__ Step Eight: Employees approved for participation will begin the
alternate work week on Sunday, May 5th.
step Nine: - Evaluation process (ongoing).