AWS Customer Agreement

PROPOSED AWS AND NOTICE OF MEETING

Note: Employers use this form to inform employees of the proposed AWS. Seek legal counsel if you do not know the wage and hour rules. (Delete this note prior to use.)

1. Proposed AWS. An alternative workweek schedule (hereinafter, “AWS”) allows for shorter workweeks by allowing employees to work up to 10 hours per day, 40 hours per week, without incurring overtime. (hereinafter, “Company”) is proposing to institute the following AWS for the work unit.

Option 1, describe single schedule The AWS will consist of the following 10-hour days, Monday through Thursday:

Option 2 for Multiple Schedules Two work schedules will be offered in order to cover the operating hours of the business. of the employees must work the schedule while the remaining must work the schedule. Each employee may choose which schedule he or she would like to work. However, those employees with the most will get to choose their schedule first. If is the same between two or more employees, then shall be used to determine who gets to choose their schedule first. After all the positions in one of the schedules are full, the remaining employees will be assigned to the remaining unfilled schedule.

2. Mandatory Meeting. A mandatory meeting with , for which you will be paid to attend, shall be held on the following date to discuss the effects of the AWS on job conditions and benefits.

Location:

3. Secret Ballot. 14 days after the meeting, a vote by secret ballot shall take place on .

4. Written Agreement Required. If the AWS is elected, a written agreement consenting to an AWS must be voluntarily entered into between you and the employer.

5. Holiday Schedules. If a holiday falls on the employee’s normal workday, then the holiday will be observed and the employee will be given hours of holiday pay. If a holiday falls on the employee’s normal day off, then Option 1: no extra day off will be given and no holiday pay will be given. Option 2: a personal day off (with pay if the holiday was a paid holiday) will be given that the employee can use in the future. Option 3: the holiday (both paid and unpaid) will be observed on the employee’s normal workday that is closest to holiday and which is in the same workweek as the holiday so that the employee will get an extra day off (and paid hours if the holiday is a paid holiday) in honor of the holiday.

6. Vacation Accrual. If an employee on an AWS earns a week’s worth of vacation, he or she would have earned the same number of hours of vacation as any other employee with the same number of years of service. Employees who work and AWS and who do not work a full year earn a prorated amount of vacation based on the follow example: If an employee who works an AWS could earn 40 hours of vacation in a year, then that employee earns .20833 hours of vacation for each day worked, up to .8333 hours of vacation per week.

7. Other Fringe Benefits. Except as discussed above, the AWS shall not affect any other benefit offered by the Company.

8. Incomplete Shifts. When on occasion there is not enough regular work to keep the employee busy, the employee will be allowed to voluntarily go home early without completing his or her AWS shift. If an employee goes home early, he or she will not be paid for the un-worked hours. If an employee chooses to stay and complete his or her AWS shift, then the Company will provide the employee with odd jobs for the remainder of the shift. The wage rate for working odd jobs will be minimum wage.

9. Overtime. The AWS would affect overtime compensation as follows:

An overtime rate of compensation of no less than one and one-half times the regular rate of pay shall be paid for:

a) any work exceeding the regularly scheduled hours on a regularly scheduled workday established by the alternative workweek agreement (but not more than 12 hours);

b) any work in excess of 40 hours in a week

c) the first 8 hours of work on any day which is not a regularly scheduled workday established by the alternative workweek agreement.

An overtime rate of compensation of no less than double the regular rate of pay of the employee shall be paid for:

a) any work in excess of 12 hours per day;

b) for any work in excess of eight hours on any day which is not a regularly scheduled workday established by the alternative workweek agreement.

9. Makeup Time. An employee may substitute a day off for a whole workday on occasion to meet the personal needs of the employee without the payment of overtime. Employees cannot substitute part of a workday and make up the time on another workday or on a day off. The employee must substitute a whole workday for a day off.

10. Reasonable Accommodation.

The Company shall make a reasonable effort to find a work schedule not to exceed eight hours in a workday, in order to accommodate any affected employee who was eligible to vote in the election but who is unable to work the alternative schedule hours established as the result of that election. This reasonable accommodation only applies to current employees and does not apply to anyone hired after the date of the election.

The Company shall also explore any available reasonable alternative means of accommodating the religious belief or observance of an affected employee (whether hired before or after the election) that conflicts with an adopted AWS, in the manner provided by subdivision (j) of Section 12940 of the Government Code.

11. Petition for Revocation. After a lapse of 12 months and upon petition of at least one-third (1/3) of the affected employees, a new vote by secret ballot will be held. A 2/3 vote from at least two-thirds (2/3) of the affected employees will be required to reverse the AWS agreement.

12. At-Will Employment. NOTHING ABOUT THE AWS WILL CHANGE THE AT-WILL RELATIONSHIP BETWEEN THE COMPANY AND ITS EMPLOYEES. THE EMPLOYMENT RELATIONSHIP MAY END AT ANY TIME, WITH OR WITHOUT CAUSE, AT THE REQUEST OF THE EMPLOYEE OR THE COMPANY.

13. All Rights Reserved. All the rights of the Company under the rules of AB60, Labor Code §511, and the appropriate regulations adopted by the Industrial Welfare Commission are reserved and shall be followed.

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