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2016 CBA Tentati ve Agreement Page 69 of 217 ARTICLE 37 BACK PAY Section 1. The Parties recognize the power of an a ppropriate authority to render a remedy in accordance with the provisions of 5 USC 5596. ARTICLE 38 OVERTIME Section 1. The facility manager shall maintain a roster of qualified bargaining unit employees who have indicated a desire to work overtime. The Agency has determined that OJTI and CIC certifications shall not be a requirement for an employee to be on the roster. The roster and distribution of overtime provided for in this Article shall be available to facility employees. Employees must provide a c urrent telephone number. The Parties at the local level shall negotiate the procedures for the distribution of overtime. Section 2. When overtime work is to be performed, it shall first be made available to employees on the roster on an equitable basis, except in situations where a CIC - certified bargaining unit employee is necessary to provide watch supervision (e.g. opening/closing shifts, to meet contractual obligations to provide a break away from the operational area) and no other reasonable alternat ive exists, then the overtime assignment shall be offered to the next available CIC - certified bargaining unit employee on the roster. To the extent practicable, the Agency will consult with the Union prior to moving to the next available CIC - certified barg aining unit employee. In the event no employees on this roster can be reached, the Agency may require other qualified unit employees to work the overtime. Any assignments to employees not listed on the roster shall be made on an equitable basis. Section 3. Upon request, the Agency shall provide the Union a current copy of the overtime roster(s). Section 4. If an employee assigned to work overtime can secure a qualified replacement, he/she shall be relieved of the assignment. If the employee cannot secu re a qualified replacement, the employee will work the overtime. An employee shall be relieved of an overtime assignment when, in the judgment of the Agency: a. the health or efficiency of the employee may be impaired; or b. personal circumstances make it impo ssible for the employee to perform the overtime duty. Section 5. In the event of holdover overtime, the Agency shall notify the employee as soon as possible before the end of the employee's regular shift. Section 6. Annual leave may be granted to any em ployee regardless of whether or not overtime work is being performed at the time by other employees on the shift. Section 7. Overtime pay computations for non - exempt bargaining unit employees must be made solely in accordance with the Fair Labor Standards Act (FLSA) regulations in 5 CFR Part 551 and this Agreement. Employees are not eligible for overtime pay for work in excess of eight (8)

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