Article 35 Article 35
Article 35
Attending Court or Investigation - Jury Duty/
Certification of Official Papers/Bereavement Leave
Section 1
Trainmen acting as witnesses at or attending court, inquests, or similar proceedings under instructions from any official of the company shall
be allowed their expenses and actual time which would have been earned by them if on duty. If no actual time is lost they shall be paid one
minimum day.
When trainmen are required to leave the terminal to attend a company investigation and they are found not to be at fault, if no actual time is
lost they shall be paid for the time involved on the basis of one minimum day for each 24 hours.
Section 2
Trainmen while qualifying on foreign roads by order, or who are required to attend book of rules classes, will be paid for time lost.
Section 3
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, lodgings, or transportation, subject to the following
qualification requirements and limitations:
A. An employee must furnish the carrier with a statement from the court of jury allowances paid and the days on which jury duty was
performed.
B. The number of days for which jury duty pay shall be paid is limited to a maximum of 60 days in any calendar year.
C. No jury duty pay will be allowed for any day as to which the employee is entitled to vacation or holiday pay.
Section 4
When the company requires that official papers shall be certified by a Notary Public or other court officer, it shall pay the fee assessed by
such officer.
Section 5
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. Employees involved will make provision for taking leave with
their supervising officials in the usual manner.
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.
Q2: 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.
Q3: 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 purposes.
Q-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?
A-5: Yes as to 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.
Q6: Would bereavement leave be applicable during an employee's vacation period?
A-6: No.
Q-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?
A-7: No. The employee would be entitled to only one basic day's pay.
Article 35
Attending Court or Investigation - Jury Duty/
Certification of Official Papers/Bereavement Leave
Section 1
Trainmen acting as witnesses at or attending court, inquests, or similar proceedings under instructions from any official of the company shall
be allowed their expenses and actual time which would have been earned by them if on duty. If no actual time is lost they shall be paid one
minimum day.
When trainmen are required to leave the terminal to attend a company investigation and they are found not to be at fault, if no actual time is
lost they shall be paid for the time involved on the basis of one minimum day for each 24 hours.
Section 2
Trainmen while qualifying on foreign roads by order, or who are required to attend book of rules classes, will be paid for time lost.
Section 3
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, lodgings, or transportation, subject to the following
qualification requirements and limitations:
A. An employee must furnish the carrier with a statement from the court of jury allowances paid and the days on which jury duty was
performed.
B. The number of days for which jury duty pay shall be paid is limited to a maximum of 60 days in any calendar year.
C. No jury duty pay will be allowed for any day as to which the employee is entitled to vacation or holiday pay.
Section 4
When the company requires that official papers shall be certified by a Notary Public or other court officer, it shall pay the fee assessed by
such officer.
Section 5
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. Employees involved will make provision for taking leave with
their supervising officials in the usual manner.
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.
Q2: 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.
Q3: 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 purposes.
Q-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?
A-5: Yes as to 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.
Q6: Would bereavement leave be applicable during an employee's vacation period?
A-6: No.
Q-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?
A-7: No. The employee would be entitled to only one basic day's pay.
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