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Article
13
Attending Court, Investigations, Jury Duty and Bereavement Leave
A. ATTENDING COURT AND/OR INVESTIGATION
1. Engineers in assigned or pool freight service attending
court as witnesses for this Company will be allowed compensation equal to what would have
been earned had such interruption not taken place and, in addition, necessary actual
expensed while away from home.
2. For attending court on layover days, assigned and pool
freight engineers will be allowed one minimum day in class of service to which assigned or
for which they stand for each layover day attending court; provided, however, that such
allowance will not be made if they are paid, through lost time, for a day when not
attending court. In other words, if a free day be paid for, such day shall be considered
in lieu of their regular layover day and payment for court attendance on layover day is
not required. Necessary actual expenses while away from home will be allowed.
3. Extra engineers in road service attending court on any
day will be paid a minimum through freight day based on rate applicable to engines
weighing 140,000 to 200,000 pounds on drivers, for each day attending court.
4. Extra engineers in yard service will be paid a minimum
yard day based on rate applicable to engines weighing 140,000 to 200,000 pounds on
drivers, for each day attending court.
5. Extra engineers in any service will be paid necessary
actual expenses if required to go away from home to attend court.
6. Any engineer attending court as a witness for the
commonwealth will not paid under the court rule.
7. Engineers attending coroner's inquests in which the
Company is concerned will be paid in the same manner as though attending court as
witnesses for this Company.
8. The Company will furnish necessary transportation and
will be entitled to certificates for witness fees in all cases.
B. JURY DUTY (Amended BLE National Agreement, July 26,
1978)
When an engineer 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 actual meals, lodging or transportation
expenses, subject to the following qualification requirements and limitations:
1. An engineer must furnish the carrier with a statement
from the court of jury allowances paid and the days 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 60 days in any calendar year.
3. No jury duty pay will be allowed for any day as to
which the engineer is entitled to vacation or holiday pay.
C. BEREAVEMENT LEAVE (Amended National Agreement, July 26,
1978)
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 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. Engineers involved will make provisions for taking leave
with their supervising officials in the usual manner.
QUESTIONS AND ANSWERS:
Q. 1. How are the three calendar days to be determined?
A. 1. 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;
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.
Q. 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?
A. 2. Three 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 to 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.
Q. 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?
A. 3. A maximum of two days.
Q. 4. Will a day on which a basic day's pay is allowed
account bereavement leave serve as a qualifying day for holiday pay purposes?
A. 4. 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 purpose.
Q. 5. Would an employee be entitled to bereavement leave
in connection with the death of a half-brother or half-sister, stepbrother or step-sister,
stepparents or stepchildren?
A. 5. Yes to the half brother or half sister, no as to
stepbrother or stepsister, stepparents or stepchildren. However, the rule is applicable to
a family relationship covered by the rule through the legal adoption process.
This page last updated:
03/06/2005
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