Eclipse 2017, On Call or Standby

In less than a week, the path of Eclipse totality will pass across Oregon from the Coast to Idaho border, and many Department employees will have schedules and work duties changed to respond to possible emergencies.  As part of these changes “spiking out” staff with engines will be in the mix to put wildland firefighter resources close to where they are needed and not be hampered by possible traffic jams.

Standby or On Call duty pay may apply, know what your expectations are before you go.  As I am writing this Management is also looking at the same subject and will be offering guidance to local Supervisors.

From our Contract, Article 34 - Standby Duty/ On Call Duty

Section 1. Standby Duty.

1. An employee shall be on standby duty when required to be available for work outside his/her normal working hours, and subject to restrictions consistent with the FLSA which would prevent the employee from using the time while on standby duty effectively for the employee’s own purposes

Pay for FLSA-eligible employee’s straight time rate of pay, or for FLSA-exempt hour for hour compensatory time off.

Section 2. On-Call Duty.

(b) An employee shall be assigned on-call duty when specifically required to be available     for work outside his/her working hours and not subject to restrictions which would prevent the employee from using the time while on-call effectively for the employee’s own purposes.

Employees shall be paid one hour of pay at the regular straight time rate for each six hours of assigned on-call duty.

From “Your Rights in the Workplace” 9th edition:

• On call time that you are allowed to control and use for your own enjoyment or benefit is not counted as payable time.
• On call time over which you have little or no control and which you cannot use for your own enjoyment or benefit is payable time.

Another way of looking at Standby/ On-Call is, are you waiting to be engaged which you do not get paid for, or engaged to wait which you do get paid for.

In advance of the Eclipse it will be important to know what the Department’s expectations are while you are spiked out, can you go swimming and carry your radio or do you need to wait in the engine’s cab.  Asking ahead will be better for everyone.