ARTICLE 32

LEAVES

A. LEAVE OF ABSENCE

1. Employees off on bona fide organization work for the United Transportation Union will not be required to have a leave of absence.

2. Employees engaging in other business or employment will not be granted leave of absence in excess of ninety (90) days within twelve (12) consecutive months, and retain their seniority rights unless mutually agreed to in writing by the proper officer of the Company and Local Chairperson of the United Transportation Union. In all instances where a leave of absence is granted, it will be in writing and a copy will be furnished the Local Chairperson.

3. When promoted to official positions with the Carrier or United Transportation Union, leave of absence will not be required and seniority will continue to accumulate. Their names may be carried on the seniority roster as information, but their omission will not affect seniority.

4. Employees occupying regular positions as yardmasters or car retarder operators are considered the same as if they occupied official positions for the purpose of the rules governing leave of absence such that they will not be forced into locomotive engineer training.

Should such a yardmaster or car retarder operator return to ground service, he will be subject to being forced into locomotive engineer training in line with his seniority. However, if so forced, his fireman's seniority date will be the date that he actually begins the training program.

5. Trainmen/yardmen laying off for more than thirty (30) consecutive days without proper leave of absence will forfeit their seniority. This does not apply in case of bona fide illness and/or disability.

6. A yardmaster or an employee having been on an official position with the Carrier or with the United Transportation Union who voluntarily returns to the status of conductor, trainman or yardman has no rights to displace a junior trainman/yardman. However, if such an employee is forced to return to the status of conductor, trainman or yardman, he is entitled to a displacement right.

B. BEREAVEMENT LEAVE

Bereavement leave, not in excess of three calendar days, following the date of death will be allowed in case of death of an employee's brother, sister, parent, child, spouse or spouse's parent. In such cases, a minimum of a basic day's pay at the rate of the last service rendered will be allowed for the number of working days lost during bereavement leave. Employees involved will make provisions for taking leave with their supervising officials in the usual manner.

C. JURY DUTY

When an employee is summoned for jury duty and is required to lose time from his assignment as a result thereof, he shall be paid for actual time lost with a maximum of a basic day's pay at the straight time rate of his position for each calendar day lost less the amount allowed him for jury service for each such day, excepting allowances paid by the court for meals, lodging or transportation, subject to the following qualification requirements and limitations:

1. An employee must furnish the Carrier with a statement from the court of jury allowances paid and the day(s) on which jury duty was performed.

2. The number of days for which jury duty pay shall be paid is limited to a maximum of sixty (60) days in a calendar year.

3. No jury duty pay will be allowed for any day that an employee receives vacation or holiday pay.

D. HOLIDAY PAY RULES

1. Road Service

The following provisions shall apply to regularly assigned road service employees paid on a daily basis:

a. Each regularly assigned road service employee in local freight service, including road switchers, mine runs, or other miscellaneous service employees, who are confined to runs of 100 miles or less and who are therefore paid on a daily basis without a mileage component, and who meet the qualifications set forth in Paragraph c. hereof, shall receive one basic day’s pay at the rate for the class and craft of service in which last engaged for each of the following enumerated holidays.

New Year's Day	Christmas Eve (The day before Christmas Day is observed)
President's Day	Christmas Day
Good Friday	New Year's Eve (The day before New Year's Day is observed)
Memorial Day
Fourth of July
Labor Day
Thanksgiving Day
Day after Thanksgiving Day

Only one basic day’s pay shall be paid for the holiday irrespective of the number of shift or trips worked.

NOTE: When any of the above listed holidays falls on Sunday, the day observed by the Nation shall be considered the holiday.

b. Any of the employees described in Paragraph a. hereof who works on any of the holidays listed in Paragraph a. hereof shall be paid at the rate of time and one-half for all services performed on the holiday with a minimum of one and one-half times the rate for the basic day.

c. To qualify for holiday pay, a regularly assigned employee referred to in Paragraph a. hereof must be available for or perform service as a regularly assigned employee in the classes of service referred to on the work days immediately preceding and following such holiday and, if his assignment works on the holiday, the employee must fulfill such assignment. However, a regularly assigned employee whose assignment is annulled, cancelled or abolished, or a regularly assigned employee who is displaced from a regular assignment as a result thereof on (1) the work day immediately preceding the holiday, (2) the holiday, or (3) on the work day immediately following the holiday will not thereby be disqualified for holiday pay provided he does not lay off on any of such days and makes himself available for service on each of such days excepting the holiday in the event the assignment does not work on the holiday. If the holiday falls on the last day of an employee's work week, the first work day following his "days off" shall be considered the work day immediately following. If the holiday falls on the first work day of his work week, the last work day of the preceding work week shall be considered the work day immediately preceding the holiday.

d. Weekly or monthly guarantees shall be modified to provide that where a holiday falls on the work day of the assignment, payment of a basic day’s pay pursuant to Paragraph a. hereof, unless the regularly assigned employee fails to qualify under Paragraph c. hereof, shall be applied toward such guarantee. Nothing in this Article shall be considered to create a guarantee where none now exists, or to change or modify rules or practices dealing with the Carrier’s right to annul assignments on the holidays enumerated in Paragraph a. hereof.

e. That part of all rules, agreements, practices or understandings which require that crew assignments or individual assignments in the classes of service referred to in Paragraph a. hereof be worked a stipulated number of days per week or month will not apply to the eleven holidays herein referred to; but where such an assignment is not worked on a holiday, the holiday payment to qualified employees provided by this rule will apply.

f. As used in this rule, the terms "work day" and "holiday" refer to the day to which service payments are credited.

g. When a regularly assigned employee, holding an assignment subject to Paragraph 1.a. above, performs compensated service at least one day on his regular assignment in the week in which the holiday falls, is required to be used off his assignment to protect other service on one or both qualifying days and/or on the holiday, performing or being available for the service he is called to protect will qualify him to receive the holiday basic day's pay at the rate of his regular assignment. He will be paid at the rate of time and one-half for service performed on the holiday provided he works on his regular assignment, and only then if he meets the qualifying requirements set forth in Paragraph 1.c. above.

h. A regularly assigned employee holding an assignment which is not subject to Paragraph 1.a. above, but is called to protect other service on an assignment which is subject to paragraph 1.a., will qualify for payment of the basic day for the holiday pay if he is available for or performs service on such assignment on the qualifying days and on the holiday, provided no other employee qualifies for holiday pay on such position. If the assignment works on the holiday, he will be paid at the rate of time and one-half for service performed on the holiday.

i. When one or more designated holidays fall during the vacation period of the employee, his qualifying days for holiday pay purposes shall be his workdays immediately preceding and following the vacation period. In road service, lost days preceding or following the vacation period due to the away-from-hone operation of the individual’s run shall not be considered to be workdays for qualifying purposes.

j. Not more than one time and one-half payment will be allowed, in addition to the "one basic day’s pay at the pro rata rate", for service performed during a single tour of duty on a holiday which is also a work day, or a vacation day.

k. An employee who meets all other qualifying requirements will qualify for holiday pay for both Christmas Eve and Christmas Day if on the "workday" (for a regularly assigned employee) or the "calendar day" (for an extra or unassigned employee) immediately preceding the Christmas Eve holiday he fulfills the qualifying requirements applicable to the "workday" or the "calendar day" before the holiday and on the "workday" or the "calendar day", as the case may be, immediately following the Christmas Day holiday he fulfills the qualifying requirements applicable to the "workday" or the "calendar day" after the holiday.

An employee who does not qualify for holiday pay for both Christmas Eve and Christmas Day may qualify for holiday pay for either Christmas Eve or Christmas Day under the provisions applicable to holidays generally.

The holiday pay qualifications for Christmas Eve - Christmas shall also be applicable to the Thanksgiving Day - day after Thanksgiving Day and the New Year's Eve - New Year's Day holidays.

2. Yard Service

a. Regularly Assigned Yard Service Employees

(1) Each regularly assigned yard service employee, who meets the qualifications provided in Paragraph (2) hereof, shall receive one basic day's pay at the pro rata rate of the position to which regularly assigned for each of the following enumerated holidays, when such holidays fall on assigned workday of the work week of the individual employee:

Exception: NOT employees only, Mardi Gras Day is substituted for President's Day as an enumerated holiday.

Only one basic day's pay shall be paid for the holiday irrespective of the number of shifts worked.

NOTE: When any of the above listed holidays falls on Sunday, the day observed by the State or Nation shall be considered the holiday.

(2) To qualify, a regularly assigned employee must be available for or perform service as a regularly assigned employee on the work days immediately preceding and following such holiday and, if his assignment works on the holiday, the employee must fulfill such assignment. However, a regularly assigned yard service employee whose assignment is annulled, cancelled or abolished, or a regularly assigned yard service employee who is displaced from a regular assignment as a result thereof on (1) the work day immediately preceding the holiday, (2) the holiday, or (3) on the work day immediately following the holiday will not thereby be disqualified for holiday pay provided he does not lay off on any of such days and makes himself available for yard service on each of such days excepting the holiday in the event the assignment does not work on the holiday, and the holiday falls on a work day of his assignment. If the holiday falls on the last day of an employee's work week, the first work day following his "days off" shall be considered the work day immediately following. If the holiday falls on the first work day of this work week, the last work day of the preceding work week shall be considered the work day immediately preceding the holiday.

NOTE 1: A regularly assigned yard service employee who qualified for holiday pay under Paragraph (2) above shall not be deprived thereof by reason of changing from one regular yard assignment to another regular yard assignment on the work day immediately preceding or following the holiday or on the holiday.

NOTE 2:A regularly assigned yard service employee whose assignment is annulled, cancelled, or abolished, or a regularly assigned yard service employee who is displaced from a regular assignment as a result thereof as set forth above, in Paragraph (2) and who reverts to the Extra Board, will be considered "available" if he marks himself on the Extra Board in sufficient time under existing applicable mark-up rules to work a tour of duty at the first opportunity permitted by such applicable rules.

NOTE 3: An employee will be deemed to have performed service or fulfilled his assignment if he is required by the Carrier to perform other services in accordance with rules and practices of the Carrier.

(3) Yard service employees who work on any of the eleven specified holidays shall be paid at the rate of time and one half for all services performed on the holiday with a minimum of one and one half times the rate for the basic day, and the allowance of one basic day's pay provided for in this Paragraph D.2.a.(1) for qualifying employees shall be in addition thereto.

(4) When one or more designated holidays fall during the vacation period of the employee, his qualifying days for holiday pay purposes shall be his workdays immediately preceding and following the vacation period.

(5) This Paragraph D.2.a. applies only to regularly assigned yard service employees paid on an hourly or daily basis and who are subject to yard rules and working conditions. Except as provided for in Note 3 to Paragraph D.2.a.(2) above, each of the qualifying days of service provided in Paragraph D.2.a.(2) must be performed in yard service.

(6) Nothing is this Paragraph D.2. shall be considered to create a guarantee where none now exists, or to change or modify rules or practices dealing with the Carrier's right to annul assignments on the holiday enumerated in Paragraph D.2.a.(1).

(7) As used in Paragraph D.2.a., the terms "work day" and "holiday" refer to the day to which service payments are credited.

(8) Nothing in Paragraph D.2. shall be considered to change or modify application of the Vacation Agreement effective July 1, 1949, as amended, and Article 18 (Five Day Work Week) of the Agreement of May 25, 1951, as amended.

(9) An employee who meets all other qualifying requirements will qualify for holiday pay for both Christmas Eve and Christmas Day if on the "workday" (for a regularly assigned employee) or the "calendar day" (for an extra or unassigned employee) immediately preceding the Christmas Eve holiday he fulfills the qualifying requirements applicable to the "workday" or the "calendar day" before the holiday and on the "workday" or the "calendar day", as the case may be, immediately following the Christmas Day holiday he fulfills the qualifying requirements applicable to the "workday" or the "calendar day" after the holiday.

An employee who does not qualify for holiday pay for both Christmas Eve and Christmas Day may qualify for holiday pay for either Christmas Eve or Christmas Day under the provisions applicable to holidays generally.

The holiday pay qualifications for Christmas Eve - Christmas shall also be applicable to the Thanksgiving Day - day after Thanksgiving Day and the New Year's Eve - New Year's Day holidays.

b. Extra Yard Service Employees

(1) Each extra yard service employee, who meets the qualifications provided in Paragraph b.(2) below shall receive one basic day's pay at the pro rata rate on any of the following enumerated holidays:

Exception: NOT employees only, Mardi Gras Day is substituted for President's Day as an enumerated holiday.

Only one basic day's pay shall be paid for the holiday irrespective of the number of shifts worked. If more than one shift is worked on the holiday the allowance of one basic day's pay shall be at the rate of pay of the first tour of duty worked.

NOTE: When any of the above listed holidays fall on Sunday, the day observed by the State or Nation shall be considered the holiday.

(2) To qualify, an extra yard service employee must:

(a) Perform yard service on the calendar days immediately preceding and immediately following the holiday, and be available for yard service the full calendar day on the holiday, or

(b) Be available for yard service on the full calendar day immediately preceding and immediately following the holiday and perform yard service on such holiday, or

(c) If such employee cannot qualify under Paragraph (2)(a) or (b) above, then, in order to qualify, he must be available for yard service on the full calendar days immediately preceding and immediately following the holiday, or perform yard service on any one or more of such days and be so available on the other day or days, and compensation for yard service paid him by the Carrier is credited on 11 or more of the 30 calendar days immediately preceding the holiday.

NOTE 1: An employee whose service status changes from an extra yard service employee to a regularly assigned yard service employee or vice versa on one of the qualifying days shall receive the basic day's pay provided in Paragraph D.2.b.(1), provided (1) he meets the qualifications set forth in Paragraph D.2.b.(2) on the day or days he is an extra yard service employee and (2) he meets the qualifications set forth in Paragraph D.2.a.(2) on the day or days he is a regularly assigned yard service employee, provided further that a regularly assigned yard service employee who voluntarily changes his service status to an extra yard service employee on any of the three qualifying days shall not be entitled to receive the pay provided for in Paragraph D.2.b.(1).

NOTE 2: For the purposes of Paragraph D.2.b., an extra yard service employee will be deemed to be available if he is ready for yard service and does not lay off on his own accord, or if he is required by the Carrier to perform other service in accordance with rules and practices of the Carrier.

NOTE 3:The term "extra yard service employee" shall include an extra employee on a common extra list protecting both road and yard service, except that an employee, while performing road service, shall not be regarded as being available for yard service unless compensation for yard service paid him by the Carrier is credited on 11 or more of the 30 calendar days immediately preceding the holiday.

NOTE 4: The term "yard service" as used herein applies only to yard service paid for on an hourly or daily basis and is subject to yard rules and working conditions.

(3) Yard service employees who work on any of the eleven specified holidays shall be paid at the rate of time and one half for all services performed on the holiday with a minimum of one and one half times the rate for the basic day, and the allowance of one basic day's pay provided for in Paragraph D.2.b.(1) for qualifying employees shall be in addition thereto.

(4) When one or more designated holidays fall during the vacation period of the employee, his qualifying days for holiday pay purposes shall be his workdays immediately preceding and following the vacation period.

(5) As used in this Paragraph D.2.b., the term "calendar day" and "holiday" on which yard service is performed refer to the day to which service payments are credited.

(6) Nothing in this Paragraph D.2.b. shall be considered to change or modify application of the Vacation Agreement effective July 1, 1949, as amended, and Article 18 (Five Day Work Week) of the Agreement of May 25, 1951, as amended.

(7) Not more than one time and one-half payment will be allowed, in addition to the "one basic day's pay at the pro rata rate", for service performed during a single tour of duty on a holiday which is also a work day, or a vacation day.

(8) For purpose of this Article, the work week for extra yard service employees shall be Monday through Friday, both days inclusive. If the holiday falls on Friday, the Monday of the succeeding week shall be considered the work day immediately following. If the holiday falls on Monday, the Friday of the preceding week shall be considered the work day immediately preceding the holiday.

NOTE: This work week shall not be applied to extra yard service employees who have scheduled days off other than Saturday and Sunday, in which event the same principles outline above will apply in determining the work days immediately preceding and following the holiday.

(9) An employee who meets all other qualifying requirements will qualify for holiday pay for both Christmas Eve and Christmas Day if on the "workday" (for a regularly assigned employee) or the "calendar day" (for an extra or unassigned employee) immediately preceding the Christmas Eve holiday he fulfills the qualifying requirements applicable to the "workday" or the "calendar day" before the holiday and on the "workday" or the "calendar day", as the case may be, immediately following the Christmas Day holiday he fulfills the qualifying requirements applicable to the "workday" or the "calendar day" after the holiday.

An employee who does not qualify for holiday pay for both Christmas Eve and Christmas Day may qualify for holiday pay for either Christmas Eve or Christmas Day under the provisions applicable to holidays generally.

The holiday pay qualifications for Christmas Eve - Christmas shall also be applicable to the Thanksgiving Day - day after Thanksgiving Day and the New Year's Eve - New Year's Day holidays.

D. PERSONAL LEAVE

1. Effective January 1, 1985, all train service employees in road freight service not covered by the National Paid Holiday Rules will be entitled to personal leave day(s) on the following graduated basis subject to the limitation contained in Paragraph 2. below:

2. The number of personal leave day(s) each road freight service employee is entitled to shall be reduced by the number of paid holidays (or pay in lieu thereof) received in covered road service or in the exercise of dual road and yard seniority rights. Once an employee has reached the maximum of 11 days, he will not be entitled to any additional paid holidays or personal leave day(s) in that calendar year.

If an employee takes any of his personal leave days before his service anniversary date, in a year in which his entitlement will increase, he may take up to the number of leave days he is entitled to prior to his anniversary date and then take the additional days that he is entitled to after his service anniversary date.

3. Personal leave day(s) may be taken upon 24 hours’ advance request to an appropriate Carrier Officer and shall be granted consistent with the requirements of the service. The Carrier has the option of granting personal leave days with less than 24 hours’ notice. The employee will be paid one basic day at the rate of the last service performed for each personal leave day(s). Should the Carrier refuse an employee’s request for personal day(s), those leave days will be carried over, but must be requested and granted prior to May 1 of the following year. Any personal leave days not taken during the calendar year because of failure of the employee to make timely request therefor shall not be carried over.

4. Personal leave day(s) will not be scheduled to start on other than a workday of the employee’s position. Personal leave days for Extra Board employees and those in pool freight service will begin when they otherwise would have been called. When a member of a crew is on his personal leave day(s), if his position is not a must-fill position, it may be blanked. Personal leave day(s) paid for will be counted as qualifying days for vacation purposes.

QUESTIONS AND ANSWERS

(Applicable to Bereavement Leave)

Question #1: How are the three calendar days to be determined?

Answer: An employee will have the following options in deciding when to take bereavement leave:

a. three consecutive calendar days, commencing with the day of death, when the death occurs prior to the time an employee is scheduled to report for duty; or

b. three consecutive calendar days, ending the day of the funeral service; or

c. three consecutive calendar days, ending the day following the funeral service.

Question #2: Does the three (3) calendar days allowance pertain to each separate instance, or do the three (3) calendar days refer to a total of all instances?

Answer: Three (3) days for each separate death; however, there is no pyramiding where a second death occurs within the three-day period covered by the first death.

Example: Employee has a work week of Monday through Friday - off-days of Saturday and Sunday. His mother dies on Monday and his father dies on Tuesday. At a maximum the employee would be eligible for bereavement leave on Tuesday, Wednesday, Thursday and Friday.

Question #3: An employee working from an Extra Board is granted bereavement leave on Wednesday, Thursday and Friday. Had he not taken bereavement leave he would have been available on the Extra Board but would not have performed service on one of the days on which leave was taken. Is he eligible for two days or three days of bereavement pay?

Answer: A maximum of two days.

Question #4: Will a day on which a basic day’s pay is allowed account bereavement leave serve as a qualifying day for holiday purposes?

Answer: No; however, the parties are in accord that bereavement leave non-availability should be considered the same as vacation non-availability and that the first work day preceding or following the employee’s bereavement leave, as the case may be, should be considered as the qualifying day for holiday purposes.

Question #5: Would an employee be entitled to bereavement leave in connection with the death of a half-brother or half-sister, stepbrother or stepsister, stepparents or stepchildren?

Answer: Yes - for half-brother and half-sister; no - for stepbrother or stepsister, stepparents or stepchildren. However, the rule is applicable to a family relationship covered by the rule through the legal adoption process.

Question #6: Would bereavement leave be applicable during an employee’s vacation period?

Answer: No.

Question #7: An employee qualifies for holiday pay on a holiday which occurs on a day the employee also qualifies for bereavement leave pay. Under these circumstances, is the employee entitled to be paid both the holiday and bereavement leave allowance?

Answer: No. The employee would be entitled to only one basic day’s pay.

Question #8: An employee in pool freight service is granted bereavement leave on Wednesday, Thursday and Friday. He is paid under the bereavement leave rule for Wednesday and Thursday; however, his claim for Friday, a day on which the crew of which he was a member was at the away-from-home terminal and received an authorized return deadhead trip for which they were allowed 141 miles, is denied. Is he entitled to pay under the bereavement leave rule for Friday?

Answer: Yes, inasmuch as the deadhead trip is authorized and represents time lost on a separate qualifying calendar day.

QUESTIONS AND ANSWERS

(Applicable to Personal Leave Days)

Question #1: If an employee with more than five years and less than ten years of service, who is entitled to five personal leave days a year (receives or could have received 6 paid holidays but did not qualify due to unavailability on qualifying days, goes to road service, which does not qualify for holiday pay, would he be entitled to five personal leave days?

Answer: Yes, but he could not get more than eleven personal leave days and holidays through the combination of the two.

Question #2: In the event the same employee, who qualified for and who is entitled to five personal leave days, works a yard job or a road job qualifying for holiday pay and earns seven paid holidays and then takes a job that does not qualify for holiday pay, how many personal leave days would he then be entitled to?

Answer: Four.

Question #3: In the case of 20-year trainman working the first part of the year on freight trains not covered by holiday pay, and during such time uses all eleven days of his "personal leave", then goes to a road freight run or yard service covered by Holiday Pay Rules, what is his eligibility for holiday pay?

Answer: He would not be eligible for holiday pay, as he used his maximum eleven days for the year and no more holiday pay days would be due; similarly, if he used five days of his personal leave, he would only be eligible fir six holiday pay opportunities the remainder of the year, i.e., in no event can an employee accrue more than eleven days’ personal leave or holiday pay in combination.

Question #4: If a yard service employee goes into freight service where the personal leave days apply, is he eligible for such days when in freight service?

Answer: Yes, after the employee has made one or more trips in freight service.

 Question #5: An employee has five years of service as of December 28, has taken no personal leave days prior to that date and is then entitled to five personal leave days, but there are only four days remaining in the year. After taking four personal leave days, may he then carry the fifth day over into the next year?

Answer: No.

Question #6: An employee who will have five years of service on August 1, takes three personal leave days prior to that date. Is he entitled to an additional two personal leave days after August 1?

Answer: Yes

Question #7: Can an employee on a combination road-yard service Extra Board take personal leave days?

Answer: Yes, but he cannot get more than 11 personal leave/holidays through a combination of the two.

Question #8: When personal leave days have begun, how will they be computed?

Answer: Consecutively on calendar-day basis.

Question #9: Does this Article 32, Paragraph D. preclude the payment of time and one-half for service actually performed on a holiday by an employee who has previously taken a combination of eleven (11) holiday/personal leave days?

Answer: No, provided he is otherwise qualified for time and one-half payment for service performed on a holiday under the National Holiday Rule.

Question #10: If an employee carries over personal leave days as provided by Article 32, Paragraph D.3., will such employee be permitted to take his personal leave days even though he is holding, at that time, an assignment covered by the National Paid Holiday Rules?

Answer: Yes.

Question #11: If a trainman first-out on the Extra Board takes personal leave days, will the second-out protected trainman be called for the vacancy for which the first-out trainman stood?

Answer: Yes.

Question #12: Will the must-fill vacancy of a regularly assigned trainman, who is stepped up or used off his position as trainman to fill the vacancy of a conductor who is taking a personal leave day, be filled?

Answer: Yes.

Question #13: A personal leave vacancy created by a regularly assigned trainman is a "blankable" vacancy. Does this mean such vacancy is not to be filled?

Answer: The vacancy need not be filled unless it is a "must-fill" vacancy.

Question #14: If the assignment of an employee, who would have otherwise qualified for holiday pay, is annulled and the employee is paid in accordance with the annulment rule, will the annulment day count toward one of the eleven personal leave/holiday days?

Answer: Yes.

This page last updated: March 02, 2005