ARTICLE 33

VACATION AGREEMENT

A. 1. Each employee, subject to the scope of the Schedule Agreement, will be qualified for an annual vacation of one week with pay, or pay in lieu thereof, if during the preceding calendar year the employee rendered service under Schedule Agreements amounting to two hundred forty (240) basic days in miles or hours paid for, as provided in individual schedules.

In the application of this Paragraph A.1., each basic day in yard service performed by a yard service employee or by an employee having interchangeable road and yard rights shall be computed as 1.6 days, and each basic day in all other service shall be computed as 1.3 days for purposes of determining qualification for vacation. This is the equivalent of 150 qualifying days in a calendar year in yard service and 180 qualifying days in a calendar year in road service.

2. Each employee, subject to the scope of the Schedule Agreement, having two or more years of continuous service with employing Carrier will be qualified for an annual vacation of two weeks with pay, or pay in lieu thereof, if during the preceding calendar year the employee rendered service under Schedule Agreements amounting to two hundred forty (240) basic days in miles or hours paid for as provided in individual schedules and during the said two or more years of continuous service rendered service of not less than three hundred twenty (320) basic days in miles or hours paid for as provided in individual schedules.

In the application of this Paragraph A.2. each basic day in yard service performed by a yard service employee or by an employee having interchangeable road and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be computed as 1.3 days, for purposes of determining qualifications for vacation. This is the equivalent of 150 qualifying days in a calendar year in yard service and 180 qualifying days in a calendar year in road service.

3. Each employee, subject to the scope of the Schedule Agreement, having eight or more years of continuous service with employing Carrier will be qualified for an annual vacation of three weeks with pay, or pay in lieu thereof, if during the preceding calendar year the employee rendered service under Schedule Agreements amounting to two hundred forty (240) basic days in miles or hours paid for as provided in individual schedules and during the said eight or more years of continuous service rendered service of not less than one thousand two hundred and eighty (1280) basic days in miles or hours paid for as provided in individual schedules.

In the application of this Paragraph A.3. each basic day in yard service performed by a yard service employee or by an employee having interchangeable road and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be computed as 1.3 days, for purposes of determining qualifications for vacation. This is the equivalent of 150 qualifying days in a calendar year in yard service and 180 qualifying days in a calendar year in road service.

4. Each employee, subject to the scope of the Schedule Agreement, having seventeen or more years of continuous service with employing Carrier will be qualified for an annual vacation of four weeks with pay, or pay in lieu thereof, if during the preceding calendar year the employee renders service under Schedule Agreements amounting to two hundred forty (240) basic days in miles or hours paid for as provided in individual schedules and during the said seventeen or more years of continuous service rendered service of not less than two thousand seven hundred and twenty (2720) basic days in miles or hours paid for as provided in individual schedules.

In the application of this Paragraph A.4. each basic day in yard service performed by a yard service employee or by an employee having interchangeable road and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be computed as 1.3 days, for purposes of determining qualifications for vacation. This is the equivalent of 150 qualifying days in a calendar year in yard service and 180 qualifying days in a calendar year in road service.

5. Each employee, subject to the scope of the Schedule Agreement, having twenty-five or more years of continuous service with employing Carrier will be qualified for an annual vacation of five weeks with pay, or pay in lieu thereof, if during the preceding calendar year the employee rendered service under Schedule Agreements amounting to two hundred forty (240) basic days in miles or hours paid for as provided in individual schedules and during the said twenty-five or more years of continuous service rendered service of not less than four thousand (4000) basic days in miles or hours paid for as provided in individual schedules.

In the application of this Paragraph A.5. each basic day in yard service performed by a yard service employee or by an employee having interchangeable road and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be computed as 1.3 days, for purposes of determining qualifications for vacation. This is the equivalent of 150 qualifying days in a calendar year in yard service and 180 qualifying days in a calendar year in road service.

6. Calendar days on which an employee assigned to an extra list is available for service and on which days he performs no service, not exceeding ninety (90) days, such days will be included in the determination of qualification for vacation; also, calendar days, not in excess of forty five (45) days, on which an employee is absent from and unable to perform service because of injury received on duty will be included. Such calendar days shall not be subject to the multiplying factors set forth in existing vacation rules as amended.

7. Where an employee is discharged from service and thereafter restored to service during the same calendar year with seniority unimpaired, service performed prior to discharge and subsequent to reinstatement during that year shall be included in the determination of qualification for vacation during the following year.

Where an employee is discharged from service and thereafter restored to service with seniority unimpaired, service before and after such discharge and restoration shall be included in computing three hundred twenty (320) basic days under Paragraph A.2., one thousand two hundred and eighty (1280) basic days under Paragraph A.3., two thousand seven hundred and twenty (2720) basic days under Paragraph A.4., and four thousand (4000) basic days under Paragraph A.5.

8. Only service performed on one railroad may be combined in determining the qualifications provided for in this Paragraph A., except that service of an employee on his home road may be combined with service performed on other roads when the latter service is performed at the direction of the management of his home road or by virtue of the employee's seniority on his home road. Such service will not operate to relieve the home road of its responsibility under this Article.

9. In instances where employees who have become members of the Armed Forces of the United States returns to the service of the employing Carrier in accordance with the Military Selective Service Act of 1967, as amended, the time spent by such employee in the Armed Forces, subsequent to their employment by the employing Carrier will be credited as qualifying service in determining the length of vacations for which they may qualify upon their return to the service of the employing Carrier.

10. In instances where an employee who has become a member of the Armed Forces of the United States returns to the service of the employing Carrier in accordance with the Military Selective Service Act of 1967, as amended, and in the calendar year preceding his return to railroad service had rendered no compensated service or had rendered compensated service on fewer days than are required to qualify for a vacation in a calendar year of his return to railroad service, but could qualify for a vacation in the year of his return to railroad service if he had combined for qualifying purposes days on which he was in railroad service in such preceding calendar year with days in such year on which he was in the Armed Forces, he will be granted, in the calendar year of his return to railroad service, a vacation of such length as he could so qualify for under Paragraphs A.1., 2., 3., 4., 5.and 9. hereof.

11. Instances where an employee who has become a member of the Armed Forces of the United States returns to the service of the employing Carrier in accordance with the Military Selective Service Act of 1967, as amended, and in the calendar year of his return to railroad service renders compensated service on fewer days than are required to qualify for a vacation in the following calendar year, but could qualify for a vacation in such following calendar year if he had combined for qualifying purposes days on which he was in railroad service in the year of his return with days in such year on which he was in the Armed Forces, he will be granted in such following calendar year, a vacation of such length as he could so qualify for under Paragraphs A.1., 2., 3., 4., 5. and 9. hereof.

12. Calendar days on which an employee is compensated while attending training and rules classes at the direction of the Carrier will be included in the determination of qualification for vacation. Such calendar days shall not be subject to the multiplying factors set forth in existing vacation rules as amended.

INTERPRETATION OF CONTINUOUS SERVICE PROVISIONS OF PARAGRAPH A. OF VACATION AGREEMENT

In the granting of vacations, service rendered for the Carrier will be counted in establishing the years of continuous service where the employee transferred in service to a position subject to an agreement held by an organization signatory to the April 29, 1949 Vacation Agreement, provided there was no break in the employee's service as a result of the transfer from a class of service not covered by an agreement held by an organization signatory to the April 29, 1949 Agreement. This understanding will apply only where there was a transfer of service.

B. Employees qualified under Paragraph A. hereof shall be paid for their vacation as follows:

1. General

a. An employee receiving a vacation, or pay in lieu thereof, under Paragraph A. shall be paid for each week of such vacation 1/52 of the compensation earned by such employee under Schedule Agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the Carrier on which he qualified under Paragraph A. for Carriers in case he qualified on one or more than one Carrier under Paragraph A.8. during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay for each week of vacation be less than six (6) minimum basic days' pay at the rate of the last service rendered, except as provided in b.

b. The following shall apply insofar as yard service employees and employees having interchangeable yard and road rights covered by said agreement who are represented by the United Transportation Union:

(1) Yard Service

An employee receiving a vacation, or pay in lieu thereof, under Paragraph A. shall be paid for each week of such vacation 1/52 of the compensation earned by such employee under Schedule Agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the Carrier on which he qualified under Paragraph A. or Carriers in case he qualified on more than one Carrier under Paragraph A.8. during the calendar year preceding the year in which the vacation is taken, but in no event shall such pay for each week of vacation be less than five (5) minimum basic days' pay at the rate of the last service rendered.

(2) Combination of Yard and Road Service

An employee having interchangeable yard and road rights receiving a vacation, or pay in lieu thereof, under Paragraph A. shall be paid for each week of such vacation 1/52 of the compensation earned by such employee under Schedule Agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, on the Carrier on which he qualified under Paragraph A. or Carriers in case he qualified on one or more than one Carrier under Paragraph A.8. during the calendar year preceding the year in which the vacation is taken; provided that, if the vacation is taken during the time such employee is working in road service such pay for each week of vacation be not less than six (6) minimum basic days' pay at the rate of the last road service rendered, and if the vacation is taken during the time such employee is working in yard service such pay for each week of vacation shall be not less than five (5) minimum basic days' pay at the rate of the last yard service rendered.

NOTE: Paragraph B. applicable to yard service shall apply to yard, belt line and transfer service and combinations thereof, and to hostling service.

C. Vacations, or allowances therefore, under two or more schedules held by different organizations on the same Carrier shall not be combined to create a vacation of more than the maximum number of days provided for in any of such schedules.

D. Time off on account of vacation will not be considered as time off account employee's own accord under guarantee rules and will not be considered as breaking such guarantees.

E. The absence of an employee on vacation with pay, as provided in this agreement, will not be considered as a vacancy, temporary or otherwise, in applying the bulletin rules of Schedule Agreements.

F. Vacations shall be taken between January 1st and December 31st; however, it is recognized that the exigencies of the service create practical difficulties in providing vacations in all instances. Due regard, consistent with requirements of the service, shall be given to the preference of the employee in his seniority order in the class of service in which engaged when granting vacations. Representatives of the Carrier and the employees will cooperate in arranging vacation periods, administering vacations and releasing employees when requirements of the service will permit. It is understood and agreed that vacationing employees will be paid their vacation allowance by the Carrier as soon as possible after the vacation period but the parties recognize that there may be some delay in such payments. It is understood that in any event such employee will be paid his vacation allowance no later than the second succeeding payroll period following the date claim for vacation allowance is filled.

G. 1. Vacations shall not be accumulated or carried over from one vacation year to another. However, to avoid loss of time by the employee at the end of his vacation period, the number of vacation days at the request of the employee may be reduced in one year and adjusted in the next year.

2. After the vacation begins, layover days during the vacation period shall be counted as a part of the vacation.

H. The vacation provided for in this Article shall be considered to have been earned when the employee has qualified under Paragraph A. hereof. If an employee's employment status is terminated for any reason whatsoever, including but not limited to retirement, resignation, discharge, non-compliance with a Union Shop Agreement, or failure to return after furlough, he shall, at the time of such termination, be granted full vacation pay earned up to the time he leaves the service, including pay for vacation earned in the preceding year or years and not yet granted, and the vacation for the succeeding year if the employee has qualified therefore under Paragraph A. If an employee thus entitled to vacation or vacation pay shall die, the vacation pay earned and not received shall be paid to such beneficiary as may have been designated, or in the absence of such designation, the surviving spouse or children or his estate in that order of preference.

I. The terms of this Article shall not be construed to deprive any employee of such additional vacation days as he may be entitled to receive under any existing rule, understanding, or custom, which additional vacation days shall be accorded under and in accordance with the terms of such existing rule, understanding or custom. With respect to yard service employees, and with respect to any yard service employee having interchangeable yard and road rights who receive a vacation in yard service, such additional vacation days shall be reduced by 1/6th.

J. Any dispute of controversy arising out of the interpretation or application of any of the provisions of this Agreement will be handled on the property in the same manner as other disputes. If the dispute or controversy is not settled on the property and either the Carrier or the Organization desires that the dispute or controversy be handled further, it shall be referred by either party for decision to a committee, the Carrier members of which shall be five members of the Carrier's Conference Committee signatory hereto, or their successors; and the employee members of which shall be the Chief Executives of the five organizations signatory hereto, or their representative or successors.

It is agreed that the Committee herein provided will meet between January 1 and June 30 and July 1 and December 31 of each year if any disputes or controversies have been filed for consideration. In the event of failure to reach an agreement, the dispute or controversy shall be arbitrated in accordance with the Railway Labor Act, as amended, the arbitration being handled by such Committee. Interpretation or application agreed upon by such Committee, or fixed by such arbitration, shall be final and binding as an interpretation or application of this Article.

K. This Vacation Agreement shall be construed as a separate agreement by and on behalf of each Carrier party hereto, and its railroad employees represented by the respective organizations signatory hereto and, effective July 1, 1949, supersedes the Consolidated Uniform Vacation Agreement dated June 6, 1945, insofar as said agreement applied to and defines the rights and obligations of the Carrier parties to this Agreement and the employees of such Carriers represented by the United Transportation Union.

L. This Vacation Agreement shall continue in effect until changed or modified in accordance with the provisions of the Railway Labor Act, as amended.

M. This Agreement is subject to approval of courts with respect to Carriers in hands of receivers or trustees.

N. The parties hereto, having in mind conditions which exist or may arise on individual Carriers in making provisions for vacations with pay, agree that the duly authorized representative (General Chairperson) of the employees, party to this Agreement, and the officer designated by the Carrier, may enter into additional written understandings to implement the purposes of this Agreement, provided that such understandings shall not be inconsistent with this Agreement.

O. In computing basic days in miles or hours paid for as provided in Paragraph A, the parties agree that the following interpretations shall apply:

1. An employee in freight service, other than through freight service, on a run of 125 miles, upon which no overtime or other allowances accrue, will be credited with 1 1/4 basic days.

2. An employee in freight service, other than through freight service, on a run of 125 miles, with total time on duty of 14 hours on the trip, will be credited with 1 3/4 basic days.

3. An employee in yard service working 12 hours will be credited with 1 1/2 basic days.

4. An employee in freight service, run-around and paid 4 hours for same, will be credited with 1/2 basic day.

5. An employee in freight service, called and released and paid 4 hours for same, will be credited with 1/2 basic day.

6. An employee in freight service, other than through freight service, paid no overtime or other allowances, working as follows:

1st trip	150 miles
2nd trip	140 miles
3rd trip	120 miles
4th trip	150 miles
5th trip	140 miles
Total	700 miles

will be credited with 7 basic days.

7. An employee in freight service makes a trip of 80 miles in eight hours or less, for which he was paid a basic day, will be credited with a basic day.

8. An employee with a seniority date prior to November 1, 1985, in freight service, deadheading in separate service and paid a basic day for same, will be credited with 1 basic day.

9. An employee who is paid eight hours under the held-away-from-home terminal rule, will be credited with 1 basic day.

10. An employee who is allowed one hour as arbitrary allowance, will be credited with 1/8 basic day.

P. SPLITTING VACATIONS

1. a. Vacation can be taken unsplit, or

b. A 2-week vacation can be split 1-1

c. A 3-week vacation can be split 2-1 or 1-1-1

d. A 4-week vacation can be split 3-1, 2-2, 2-1-1 or 1-1-1-1

e. A 5-week vacation can be split 4-1, 3-2, 3-1-1, 2-2-1, 2-1-1-1, or 1-1-1-1-1

f. An employee may take up to one week of his annual vacation in single day increments, provided that such employee shall be automatically marked up for service upon the expiration of any single day vacation.

Sequence, as stated in examples above, is of no consequence.

2. No other splitting of vacations is allowed.

3. An employee who splits his vacation will get only one part in June-July-August, the preferred months, but an unsplit vacation is not restricted as to months.

4. No deadhead pay is allowed in connection with relieving an employee taking the second or later parts of a split vacation. The purpose of this provision is to insure that this agreement will not increase the number of paid deadhead trips necessary to relieve individual employees for vacation purposes.

5. If a vacation is split, each portion should have an assigned starting date as indicated in Paragraph Q. of this Agreement for vacations of that length.

6. a. In road service, the actual starting date is the first day of the assigned vacation period on which the employee is at the terminal of his run and does not have a service time return dated that day.

b. For yardmen the actual starting date of vacation can be within three days before or after the assigned starting date (first, second or third day before or after). But in December, this privilege is not allowed in a way that would carry part of the assigned vacation period into the next calendar year.

7. During a calendar year in which an employee's vacation entitlement will increase on the anniversary date, such employee shall be permitted to schedule the additional vacation time to which entitled on the anniversary date at any time during that calendar year.

Q. VACATION STARTING DATE

1. 1 week - either 1st, 8th, 16th, or 23rd day of the month

2 weeks - either 1st or 16th.

3 weeks - either 1st, 8th, 16th, or 23rd (except in December, when 3-week vacation will start on 1st or 8th).

4 weeks - either 1st or 16th (except in December - 1st only).

5 weeks - either 1st, 8th, 16th or 23rd, (cannot be started in December).

2. For employees on furlough or leave of absence, the first day of the assigned vacation period is the starting date.

3. Starting Vacation - Conductors

A conductor, holding a position on a regularly assigned run, scheduled to leave at a specific time, stands to report for duty on such run on the day before his vacation is assigned to begin. If the reporting time for such conductor's run is set back to after midnight of the day before the starting date of his vacation, he shall, nevertheless, be allowed to go on his run and his vacation shall not be deemed to have started until the first day during the vacation period when his run is in the home terminal on a day or trip for which he has not been paid on a time return dated that day.

Example: A conductor is assigned to begin his vacation on June 22. He holds a position on a regularly assigned run scheduled to leave the home terminal at 11:30 p.m. on June 21. Reporting time for this run is set back to 2:00 a.m., June 22. This conductor will be allowed to protect his assignment at 2:00 a.m. on June 22.

This conductor leaves the away-from-home terminal at 9:30 p.m., June 22, arriving at his home terminal at 5:00 a.m., June 23. As June 23 is the first day this conductor's run is in the home terminal on a day for which he has not been paid on a time return dated that day, June 23 shall be considered the first day of his vacation.

4. Ending Vacation - Conductors

A conductor, holding a position on a regularly assigned run scheduled to leave at a specific time, the regular reporting time for which is before midnight on the last day of such conductor's vacation, is not permitted to report for duty for such run on the last day of his vacation, unless he is eligible for and has previously announced his desire to carry over a vacation day to the next year.

Hereafter, if the reporting time for the regularly assigned run of the conductor referred to in the Paragraph above is set back to after midnight of the last day of his vacation period, such conductor shall not be permitted to report for duty and go out on the run unless he is eligible for and has previously announced his desire to carry over a vacation day to the next year.

Example: A conductor on a regularly assigned run scheduled to leave the home terminal at 8:00 p.m. starts his vacation on July 1. His vacation ends at midnight, July 14. This conductor has not announced that he desires to carry over a vacation day from one year to the next. The run is scheduled to leave the home terminal at 8:00 p.m. on July 14, the last day of this conductor's vacation. The reporting time for this run is set back to 2:00 a.m. on July 15. This conductor shall not be allowed to report for duty on the run at 2:00 a.m. on July 15.

NOTE: When a conductor returning from his vacation marks up before expiration of his vacation, the conductor holding his vacation vacancy will not be released from the assignment until12:01 am of the day following the last day of vacation, except where the regular conductor performs service on the last day of his vacation and carries over one vacation day to the following year as provided in Section G.1. of the Vacation Agreement, the conductor holding his vacancy may be released at 12:01 am on the last day of the assigned vacation.

R. CARRYOVER

1. Vacation must begin and end in the calendar year except as provided in Paragraph 2. below.

2. Conductors and trainmen will not be allowed to accumulate or carry over vacation from one year to another, except to avoid losing time at the end of the vacation period, such an employee may request in writing, prior to starting his vacation, that his vacation be reduced one year and adjusted the next. That occurs where an employee's assignment will be out of the terminal at the end of his vacation, when taking the full vacation would make him lose a trip that starts after his vacation has ended. To avoid this, he can go out on his run on a vacation day, but must add the time not taken to his next vacation. This is limited to two consecutive years. An employee who used this privilege at the end of his vacation in 1965, for example, must take full vacation, including the carryover part, in 1966, and cannot keep carrying it over to future years.

S. This Article is not intended to restrict any of the existing rights of the Carrier except as specifically provided herein.

QUESTIONS AND ANSWERS

Question #1: Is an employee returning from military service entitled to receive a vacation in the year of his return?

Answer: Paragraph A.10., provides the number of days spent in military service in the calendar year preceding his return to railroad service may be used for qualifying purposes. Such military service can be counted separately for qualifying purposes in the event he had no compensated railroad service in the preceding calendar year or if he had less compensated railroad service in the preceding calendar year than necessary for qualifying purposes he could combine the military service with such compensated railroad service as he did have for qualifying purposes. In the event the employee returns to railroad service too late to take the full vacation for which he would qualify, he is entitled only to the number of available days remaining in the year.

Question #2: In situations where employees are assigned to Reserve Boards or observe Personal Leave Days, will such time be counted toward fulfilling the qualifying requirements for vacation to be taken in the succeeding year?

Answer: Yes, with respect to Reserve Boards and Personal leave Days, if that is the current practice on the individual railroad.

Question #3: Is it correct that an employee who works six (6) months in yard service and six (6) months in road service will qualify for a vacation after rendering service amounting to the equivalent of 150 qualifying days commencing January 1, 1997?

Answer: There is no change from existing applications concerning employees with road and yard rights.

Question #4: How many days must an employee work in 1996 to qualify for a vacation to be taken in 1997?

Answer: There is no change in the National Vacation Agreement which will increase the qualifying days in 1996 for a 1997 vacation period. Beginning in 1997, however, employees must meet the new qualifying criteria for a 1998 vacation.

Question #5: Are current system agreements providing more than two splits in annual vacations affected by this agreement?

Answer: No.

Question #6: Are current system agreements providing for more than one week of annual vacation to be taken in single day increments changed by this agreement?

Answer: No.

Question #7: What procedure should be followed when requesting a single day of vacation?

Answer: Employees should follow the established procedure for assigning vacations on the property. Where there is none, the procedures used for scheduling personal leave days should be used.

Question #8: Must the Carrier allow the request made by an employee to observe a single day of vacation?

Answer: Yes, employees should follow the established procedure for assigning vacations on the property. Where there is none, the procedures used for scheduling personal leave days should be used.

Question #9: Will employees be automatically marked up for service upon return from vacation periods of more than a single day?

Answer: The new provisions for automatic mark-up apply only when taking vacation in less than one week increments. Otherwise, existing rules and practices continue to apply.

Question #10: There are many questions raised with regard to the change in the number of qualifying days. The questions include, but are not limited to, the application of the 1.6 and 1.3 multiplying factors and the determination of the number of accumulated days of service for qualification for extended vacation. How might these questions be resolved?

Answer: The parties commit to the formulation of a Vacation Synthesis so as to fully incorporate the changes made in this Agreement and to serve as a guide to resolve these questions and issues.

Question #11: Does the term "local officials" include local presidents, secretaries, treasurers and legislative representatives who may be required to lose time from their assignments due to union obligations?

Answer: No, local officials are limited to working General Chairpersons, Local Chairpersons, and State Legislative Directors.

Question #12: How many single vacation days may an employee be permitted to take; five, six or seven days?

Answer: This question should be decided on each individual property in accordance with the past practice as to what appropriately constitutes one (1) week of annual vacation.

Question #13: Can the employee elect to take vacation in periods of two (2), three (3), or four (4) days, rather than a single day increment?

Answer: Yes, employees should follow the established procedure for assigning vacations on the property. Where there is none, the procedures used for scheduling personal leave days should be used.

Question #14: If an employee observes a single day of vacation and subsequently becomes ill so as to be unable to work the next day, what must he/she do inasmuch as they are to mark up for service automatically?

Answer: The employee should follow the established procedure for marking off sick.

Question #15: Are an employee's obligations under existing rules and practices with respect to protecting service on his assigned off/rest days changed if the employee observes a single day of vacation immediately prior to such off/rest day?

Answer: No.

Question #16: May an employee request a single day of vacation to be taken immediately following a days where he/she was off sick or observing a personal leave day?

Answer: Yes.

This page last updated: 03/02/05