Article 43
Paid Holidays and Personal Leave
(Effective January 18, 1965, last amended BLE National Agreement of 1996)

Holidays

Section 1

(a) Each regularly assigned engineer in yard service, and each regularly assigned road service engineer in local freight, road switchers, work train, roustabout runs and mine runs 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 of service in which last engaged for each of the following enumerated holidays:

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

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

(b) An engineer 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.

NOTE: 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.

(c) To qualify for holiday pay, a regularly assigned engineer referred to in paragraph (a) hereof must be available for or perform service as a regularly assigned engineer 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 engineer must fulfill such assignment.  However, the engineer whose assignment is annulled, canceled, or abolished, or a regularly assigned engineer who is displaced from a regular assignment as a result thereof on (1) the workday immediately preceding the holiday, (2) the holiday, or (3) on the workday 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 workday following his "day's off" shall be considered the workday immediately following.  If the holiday falls on the first workday of his work week, the last workday of the preceding work week shall be considered the workday immediately preceding the holiday.

(d) 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 and following the vacation period due to the away-from-home operation of the individual's run shall not be considered to be workdays for qualifying purposes.

Section 2

(a) Extra yard engineers and extra engineers on a common extra board protecting both road and yard service, who meet the qualifications provided in paragraph (b) of this Section 2, shall receive one basic day's pay at the pro rata rate of the holidays listed in Section 1, paragraph (a) of this Article 4(D).

(b) To qualify, an extra yard service engineer must:

(i) perform a 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,

(ii) be available for yard service on the full calendar days immediately preceding and immediately following the holiday and perform yard service on such holiday, or,

(iii) if such employee cannot qualify under Section 2(b) (i) or (b) (ii), then in order to qualify he must be available for yard service on the full calendar days immediately preceding and immediately following and the holiday, or perform  yard service on any one or more of such days and be so available on the other day or days.

NOTE: To qualify, employees on a common extra board protecting both road and yard service, must have compensation credited for yard service on not less than eleven (11) of the thirty (30) calendar days immediately preceding the holiday.

(c) Any of the extra yard service engineers described in paragraph (a) of this Section 2 who works on any of the holidays listed in Section1, paragraph (a) of this Article 4(D) 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.

NOTE: 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.

(d) As used in this Section 2, the terms "calendar day" and "holiday" on which yard service is performed refer to the day to which service payments are credited.

NOTE:  An engineer subject to this Section2 whose service status changes from an extra yard service engineer to a regularly assigned yard engineer or vice versa on one of the qualifying days shall receive the basic day's provided in paragraph (a) of Section 2 provided (1) he meets the qualifications set forth in paragraph (b) of Section 2 on the day or days he is an extra service employee, and (2) he meets the qualifications set forth in paragraph (c) of Section 1 on the day or days he is a regularly assigned yard engineer, provided further, that a regularly assigned yard engineer, who voluntarily changes his service status to an extra yard engineer on any of the three qualifying days shall not be entitled to receive the pay  provided for in paragraph (a) of Section 2.

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

Section 3

(a) It is understood that when a regularly assigned engineer holding an assignment subject to Section 1, of this Article 4(D), who 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 Section 1(c).

(b)  A regularly assigned employee holding an assignment which is not subject to Section 1 of this Article 4(D), but who is called to protect other service on an assignment which is subject to Section 1, will qualify for payment of the basic day for the holiday if he is available 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.

PERSONAL LEAVE DAYS

Section 1:

Engineers in road freight service is 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 Section 2, below:

Section 2:

The number of personal leave days each road freight service engineer 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 road and/or yard seniority rights.  Once an engineer has reached the maximum of 11 days under this or any other agreement, he will not be entitled to any additional paid holidays or personal leave day(s) in that calendar year.

If an engineer 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 or 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.

Section 3:

Personal leave days(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 engineer 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 engineer'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 engineer to make timely request therefore shall not be carried over.

Section 4:

Personal leave day or days will not be scheduled to start on other than a workday of the engineer's position.  Personal leave days for extra board engineers and those in pool freight service will begin when they otherwise would have been called.  Personal leave days paid for will be counted as qualifying days for vacation purposes.

Section 5:

Personal leave days will not be scheduled or allowed to start on other than a work day of engineer's position and when personal leave days begin, they will be taken consecutively.

Personal leave days for extra board engineers and those in Pool Freight Service will begin when they otherwise would have been called.

Section 6:

For convenience, references to gender, if any, in this Agreement are made in the masculine gender.  It is understood and agreed by the parties to this Agreement that references to the masculine gender include both the masculine and female genders.

Section 7:

Appended as Attachment "A" are questions and answers concerning this Agreement.

Questions and Answers

Q.1: If an engineer 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 day or days), goes to road service, which does not qualify for holiday pay, would he be entitled to five personal days?

A.1: Yes, but he could not get more than eleven personal leave days and holidays through the combination of the two.

Q.2: In the event the same engineer, 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:

A.2: Four.

Q.3: In the case of a 20-year engineer 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 covered by Holiday Pay Rules, or yard service covered by Holiday Pay Rules, what is his eligibility for holiday pay?

A.3: 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  personal leave, he would only be eligible for the six holiday-pay opportunities the remainder of the year, i.e., in  no event can an engineer accrue more than eleven days' personal leave or holiday pay in combination.

Q.4: If a passenger service engineer, where no holiday pay applies, or a yard service employees, goes into freight service where the personal leave days apply, is he eligible for such days when in freight service?

A.4: Yes, after the engineer has made one or more trips is freight service.

Q.5: An engineer has five years of service as of December 28, 1992, 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?

A.5: No.

Q.6: An engineer who will have five years of service on August 1, 1992, takes three personal leave days prior to that date.  Is he entitled to an additional two personal leave days after August 1, 1992?

A.6: Yes.

Q.7: Can an engineer on a combination road/yard extra board take personal leave days?

A.7: Yes, but he cannot get more than 11 personal leave/holidays through a combination of the two.

Q.8: When personal leave days have begun, how will they be computed?

A.8: Consecutively on calendar-day basis.

Q.9: Does this Agreement preclude the payment of time and one-half for service actually performed on a holiday by an engineer who has previously taken a combination of eleven (11) holiday/personal leave days?

A.9: No, provided he is otherwise qualified for time and one-half payment for service performed on a holiday under the National Holiday Rule.

Q.10: If an engineer carries over personal leave days as provided by Section 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?

A.10: Yes.

This will confirm our understanding with respect to the pay differential for an engineer working without a fireman and other related matters.

This page last updated: 03/06/2005