Article 39 Article 39
Article 39
Vacation
The following represents a synthesis in one document for the convenience of the parties, of the National Vacation Agreement of April 29,
1949 between certain carriers represented by the National Carriers' Conference Committee and their employees represented by the
Brotherhood of Locomotive Engineers and the United Transportation Union (formerly the Brotherhood of Locomotive Firemen and
Enginemen, Order of Railway Conductors and Brakemen, Brotherhood of Railroad Trainmen and Switchmen's Union of North America),
and the several amendments made thereto in various national agreements up to the Award of Arbitration Board No. 559 dated May 8, 1996
and the 1996 BLE Core National Agreement.
Insofar as applicable to employees represented by the United Transportation Union, the Vacation Agreement dated April 29, 1949, as
amended, is further amended effective January 1, 1982, by substituting the following Section 1 for Section 1 as previously amended,
substituting the following Section 2 for Section 2 as previously amended, and substituting the following Section 9 for Section 9 as previously
amended:
This is intended as a guide and is not to be construed as constituting a separate agreement between the parties. If any dispute arises as to
the proper interpretation or application of any vacation provision, the terms of the appropriate vacation agreement on the property involved
shall govern.
Section 1
(a) Effective January 1, 1997, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April
29, 1949 Vacation 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 renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation
Agreement amounting to two hundred forty (240) basic days in miles or hours paid for, as provided in individual schedules.
Beginning with the year 1997, in the application of this Section 1(a) 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 qualification for vacations. (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.) This qualifying condition and multiplying factor pertains only
to service performed by yard and road employees in the preceding calendar year so as to determine qualification for vacation on that basis
only. (See NOTE following Section le.)
Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated September 21, 1950, May 25, 1951 or May 23, 1952,
on an individual carrier, but not earlier than the year 1960, in the application of this Section II a) 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 1.3 days, and each basic
day in all other seniors shall be computed as 1.1 days, for purposes of determining qualifications for vacations. (This is the equivalent of 120
qualifying days in a calendar year in yard service and 144 qualifying days in a calendar year in mad service.) (See NOTE following, Section
1 e.)
Beginning with the year 1960 on all other carriers, in the application of this Section 1 (a) each basic day in all classes of service shall be
computed as 1.1 days for purposes of determining qualifications for vacation. (This is the equivalent of 144 qualifying days.) (See NOTE
below Section 1 e.)
(b) Effective January 1, 1997, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April
29, 1949 Vacation 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 renders service under schedule
agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement 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 renders service of
not less than three hundred twenty (320) basic days in miles or hours paid for as provided in individual schedules.
Beginning with the year 1997, in the application of this Section 1 (b) 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 qualification for vacations. (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.) This qualifying condition and multiplying factor
pertains only to service performed by yard and road employees in the preceding calendar year so as to determine qualification for vacation
on that basis only. (See NOTE following Section 1 e.)
Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated September 21, 1950, May 25, 1951, or May 23,
1952, on an individual carrier, but not earlier than the year 1960, in the application of this Section 1 (b) 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 1.4 days, and each basic day in all other services shall be computed as 1.2
days, for purposes of determining qualifications for vacations. (This is the equivalent of 110 qualifying days in a calendar year in yard
service and 132 qualifying days in a calendar year in road service.) (See NOTE below.)
Beginning with the year 1960 on all other carriers, in the application of this Section 1 (b) each basic day in all classes of service shall be
computed as 1.2 days for purposes of determining qualifications for vacation. (This is the equivalent of 132 qualifying days.) (See NOTE
following Section 1 e.)
(c) Effective January 1, 1997, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April
29, 1949 Vacation 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 renders service under schedule
agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement 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 renders 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.
Beginning with the year 1997, in the application of this Section 1 (c) 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 qualification for vacations. (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.) This qualifying condition and multiplying factor
pertains only to service performed by yard and road employees in the preceding calendar year so as to determine qualification for vacation
on that basis only. (See NOTE following Section 1 e.)
Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated September 21, 1950, May 25, 1951, or May 23,
1952, on an individual carrier, but not earlier than the year 1960, in the application of this Section 1(c) 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 vacations. (This is the
equivalent of 100 qualifying days in a calendar year in yard service and 120 qualifying days in a calendar year in road service.) (See NOTE
below Section le.)
Beginning with the year 1960 on all other carriers, in the application of this section 1 (c) each basic day in all classes of service shall be
computed as 1.3 days for
purposes of determining qualifications for vacation. (This is the equivalent of 120 qualifying days.) (See NOTE following Section 1 e.)
(d) Effective January 1, 1997, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April
29, 1949 Vacation 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 held by the organizations signatory to the April 29, 1949 Vacation Agreement 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 renders
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.
Beginning with the year 1997, in the application of this Section 1 (d) 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 qualification for vacations. (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.) This qualifying condition and multiplying factor
pertains only to service performed by yard and road employees in the preceding calendar year so as to determine qualification for vacation
on that basis only. (See NOTE below Section 1 e.)
Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated September 21, 1950, May 25, 1951 or May 23, 1952,
on an individual carrier, but not earlier than the year 1960, in the application of this Section 1(d) each basic day in yard service performed by
a yard service employee or by an employee having interchangeable road and yard service 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 vacations. (This is the equivalent
of 100 qualifying days in a calendar year in yard service and 120 qualifying days in a calendar year in road service.) (See NOTE below
Section 1 e.)
Beginning with the year 1960 on all other carriers, in the application of this Section 1 (d) each basic day in all classes of service shall be
computed as 1.3 days for purposes of determining qualifications for vacation. (This is the equivalent of 120 qualifying days.) (See NOTE
below Section 1 e.)
(e) Effective January 1, 1997, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April
29, 1949 Vacation 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 renders service under schedule
agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement 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 renders
service of not less than four thousand (4,000) basic days in miles or hours paid for as provided in individual schedules.
Beginning with the year 1997, in the application of this Section 1(e) 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 qualification for vacations. (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') This qualifying condition and multiplying factor pertains only
to service performed by yard and road employees in the preceding calendar year so as to determine qualification for vacation on that basis
only. (See NOTE following Section 1 e.)
Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated September 21, 1950, May 25, 1951 or May 23, 1952,
on an individual carrier, but not earlier than the year 1960, in the application of this Section 1 (e) 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 vacations. (This is the equivalent of
100 qualifying days in a calendar year in yard service and 120 qualifying days in a calendar year in road service.) (See NOTE following
Section 1 e.)
Beginning with the year 1960 on all other carriers, in the application of this Section 1 (e) each basic day in all classes of service shall be
computed as 1.3 days for purposes of determining qualifications for vacation. (This is the equivalent of 120 qualifying days.) (See NOTE
following Section 1 e.)
NOTE: In the application of Section 1 (a), (b), (c), (d) and (e), qualifying years accumulated, also qualifying requirements for years
accumulated, prior to the effective date of the respective provisions hereof, for extended vacations shall not be changed.
(f) In dining car service, for service performed on and after July 1, 1949 each 7 1/2 hours paid for shall be considered the equivalent of one
basic day in the application of Section 1 (a), (b), (c), (d) and (e).
(g) 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) such days, will be included in the determination of qualification for vacation; also, calendar days, not in excess of
forty-five (45), on which an employee is absent from and unable to perform service because of injury received on duty will be included.
The 90 and 45 calendar days referred to in this Section 1(g) shall not be subject to the 1.1, 1.2, 1.3, 1.4 and 1.6 computations provided for in
Section 1 (a), (b), (c), (d) and (e), respectively.
(h) 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 Section 1 (b), one thousand two
hundred and eighty (1280) basic days under Section 1(c), two thousand seven hundred and twenty (2720) basic days under Section 1 (d),
and four thousand (4,000) basic days under Section 1 (e).
(i) Only service performed on one railroad may be combined in determining the qualifications provided for in this Section 1, 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 employees seniority on his home road. Such service will not operate to
relieve the home road of its responsibility under this agreement.
(j) In instances where employees who have become members of the Armed Forces of the United States return to the service of the
employing carrier in accordance with the Military Selective Service Act of 1967, as amended, the time spent by such employees in the
Aimed 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.
(k) 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 the calendar year of his return to railroad service, but could qualify for a vacation in the calendar 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 Section 1 (a), (b), (c), (d) or (e) and 0) hereof.
(l) 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 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 Section 1 (a), (b), (c), (d) or (e) and 0) hereof.
(m) 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 1.1, 1.2, 1.3, 1.4 and 1.6
computations provided for in Section 1 (a), (b), (c), (d) and (e), respectively.
(n) 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.
(o) An employee may make up to three splits in his annual vacation in any calendar year.
(p) An employee may take up to one week of his annual vacation in single day increments, provided, however, that such employee shall be
automatically marked up for service upon the expiration of any single day vacation.
Employees electing to take one week of vacation in single-day increments must so designate on their vacation request form. Employees
requesting single-day vacation will be permitted to take them upon request, subject to the needs of the service. Employees paid in lieu
thereof. A week of single-day vacations is defined as 7 days for employees on 7-day assignments, including extra boards without an off day;
6 days for employees on 6-day assignments, and 5 days for employees on 5-day assignments. An employee's regular assignment on the
date on which the local Carrier and Organization representatives meet to assign vacations, or the last regular assignment prior to that date,
will determine the number of single-vacation days an employee receives.
Section 2
Employees qualified under Section 1 hereof shall be paid for their vacations as follows:
General
(a) An employee receiving a vacation, or pay in lieu thereof, under Section 1 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 Section 1 (or carriers in case he qualified on more than one carrier under Section 1
(i)) 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 subparagraph (b).
(b) Beginning on the date Agreement "A" dated September 21, 1950, May 25, 1951 or May 23, 1952, became or becomes effective on any
carrier, the following shall apply insofar as yard service employees and employees having interchangeable yard and road rights covered by
said agreement are concerned:
Yard Service
(1) An employee receiving a vacation, or pay in lieu thereof, under Section 1 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 Section 1 (or carriers in case he qualified on more than one carrier under Section
1(i)) 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' at the rate of the last service rendered.
Combination of Yard and Road Service
(2) An employee having interchangeable yard and road rights receiving a vacation, or pay in lieu thereof, under Section 1 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 Section 1 (or carriers in case he qualified on
more than one carrier under Section 1 (i)) 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 shall be not less that 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 not be less than five (5) minimum basic days' pay at the rate of the last yard service
rendered.
NOTE: Section 2(b) applicable to yard service shall apply to yard, belt line and transfer service and combinations thereof, and to hostling
service.
Section 3
Vacations, or allowances therefor, 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.
Section 4
Time off on account of vacation will not be considered as time off account employee's own accord under any guarantee rules and will not be
considered as breaking such guarantees.
Section 5
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 unless otherwise provided.
Section 6
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
carriers and of 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 allowances by the
carriers 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 filed.
Section 7
(a) Vacations shall not be accumulated or carried over from one vacation year to another. However, to avoid loss of time by the employee at
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.
(b) After the vacation begins layover days during the vacation period shall be counted as a part of the vacation.
Section 8
The vacation provided for in this agreement shall be considered to have been earned when the employee has qualified under Section 1
hereof. If an employee's employment status is terminated for any reason whatsoever, including but not limited to retirement, resignation,
discharge, noncompliance 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 therefor under Section 1. 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.
Section 9
The terms of this agreement 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.
Beginning on the date Agreement "A" dated September 21, 1950, May 25,1951, or May 23,1952, became or becomes effective on any
carrier, such additional vacation days shall be reduced by 1/6th with aspect to yard service employees, and with respect to any yard service
employee having interchangeable yard and road rights who receives a vacation in yard service.
Section 10
Any dispute or 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, either party may submit the
dispute or controversy to arbitration in accordance with the procedures of Section 3 of the Railway Labor Act.
Section 11
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 applies to and defines the rights and obligations of the carriers parties
to this agreement and the employees of such carriers represented by the Brotherhood of Locomotive Engineers and the United
Transportation Union.
Section 12
This vacation agreement shall continue in effect until changed or modified in accordance with provisions of the Railway Labor Act, as
amended.
Section 13
This agreement is subject to approval of courts with respect to carriers in hands of receivers or trustees.
Section 14
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 Chairman) 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.
In computing basic days in miles or hours paid for, as provided in Section 1 of said agreement, the parties agree that the following
interpretations shall apply:
1. A trainman in passenger service, on a trip of 300 miles, upon which no overtime or other allowances accrue, will be credited with two
basic days.
2. An employee in 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.
3. An employee in freight service on a run of 125 miles, with a total time on duty of 14 hours on the trip, will be credited with 1-3/4 basic days.
4. An employee in yard service working 12 hours will be credited with 1-1/2 basic days.
5. An employee in freight service, run-around and paid 50 miles for same, will be credited with ½ basic day.
6. An employee in freight service, called and released and paid 50 miles for same, will be credited with ½ basic day.
7. An employee in 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 seven basic days.
8. An employee in freight service makes trip of 80 miles in 8 hours or less, for which he is paid 100 miles, will be credited with 1 basic day.
9. An engineman in passenger service makes a trip of 100 miles or less in 5 hours, will be credited with 1 basic day.
10. An engineman in short-turn-around passenger service, makes a trip of 100 miles or less, on duty eight hours within a spread of nine
hours, will be credited with 1 basic day.
11. A trainman in short-turn-around passenger service, makes a trip of 150 miles or less, on duty eight hours within a spread of nine hours,
will be credited with 1 basic day.
12. A trainman in short-turn-around passenger service, makes a trip of 150 miles or less, total spread of time 10 hours, on duty eight hours
within the first nine hours, will be credited with 1-1/8 basic days.
13. An employee in freight service, deadheading is paid 50 miles for same, will be credited with ½ basic day. 14. An employee is paid eight
hours under the held-away-from-home terminal article, will be credited with 1 basic day.
15. An employee is allowed one hour as arbitrary allowance, will be credited with 1/8 basic day.
Section 15
In the granting of vacations subject to agreements held by the five operating organizations, service rendered for the carrier will be counted in
establishing five or fifteen or more years of continuous service, as the case may be, 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.
This understanding will apply commencing with the year 1956 but will also be applicable to claims of record properly filed with the carrier on
or after January 1, 1955, for 1955 vacations and on file with the carrier at the date of this understanding. No other claims for 1955 based on
continuous service will be paid. Standby agreements will be applied according to their terms and conditions for the year 1955.
Section 16
In the granting of vacations to firemen (helpers) subject to the provisions of the Operating Vacation Agreement of April 29, 1949, as
amended, who have transferred (without a break in the employment relationship) to that class of service from a class of service not covered
by an agreement held by an organization signatory to the Operating Vacation Agreement of April 29, 1949, all service rendered for the
carrier in the class or classes of service not so covered will be counted in establishing the requirements of such Agreement as to the years
of continuous service, the days of service rendered during the years of continuous service and service rendered in the calendar year
preceding the year in which the vacation is taken in the same manner as if the service not covered had been subject to the provisions of the
Operating Vacation Agreement.
Section 17
An engineer who, while working as fireman, had become eligible to count in qualifying for a vacation prior service rendered for the carrier in
a class or classes of service not covered by the operating employees' Vacation Agreement of April 29, 1949, may continue to count such
prior service while working as engineer.
Section 18
Vacation qualification criteria in effect on the date of this Agreement shall continue to apply to employees represented by the organization
who hold positions as working General Chairmen, Local Chairmen, and state legislative directors ("local officials"). In other words, the
changes in qualification as set forth in Article V, Section 2 are not intended to revise vacation qualification conditions for such local officials.
It is further understood that by providing this exclusion it is not intended that the total number of such officials covered be expanded.
Section 19
Assignment of the vacation schedule will be allocated for the entire calendar year in December and vacation assignments will be made prior
to January 1 of the applicable year.
Section 20
In order to facilitate such registration, a form has been developed upon which may be indicated up to three (3) choices, for vacation period,
in order of preference.
Section 21
Employees who register their choices in the manner provided in Section 20 hereof, shall have preference in the choice of vacation period
over all employees who do not so register. They should sign their names, identification number, occupations and locations and return the
completed forms to the local supervising officer not later than the last day of the registration period. A local supervisor and local chairmen
will confer in selecting employee vacation periods.
Section 22
Nothing in this agreement shall prevent an employee who is qualified, from taking a vacation prior to the closing of the registration period
providing that the local supervising officer is agreeable and that such action does not conflict with applicable agreements.
Section 23
The vacation schedule of an employee who is entitled to a vacation and who fails to return the completed form as provided for in Section 20
hereof, will be handled by arrangement between the local supervising officer and the employee's local chairman, subject to the provisions of
the applicable agreements.
Section 24
As soon as practicable after the close of the registration period as provided in Section 19 hereof, a schedule of vacation periods which it is
expected the requirements of the service will permit to be allowed will be prepared and posted, including those for employees who have not
registered their choices as provided in Section 20 hereof, as well as those for employees who have so registered.
Section 25
Eligibility criteria in effect on December 31, 1995 governing coverage by The Railroad Employees National Health and Welfare Plan shall
continue to apply to employees represented by the organization who hold positions as working General Chairmen, Local Chairmen, and
state legislative directors ("local officials"). In other words, the changes in eligibility as set forth in Article V, Section 1 are not intended to
revise eligibility conditions for local officials. It is further understood that by providing this exclusion it is not intended that the total number of
such officials covered be explained.
Article 39
Vacation
The following represents a synthesis in one document for the convenience of the parties, of the National Vacation Agreement of April 29,
1949 between certain carriers represented by the National Carriers' Conference Committee and their employees represented by the
Brotherhood of Locomotive Engineers and the United Transportation Union (formerly the Brotherhood of Locomotive Firemen and
Enginemen, Order of Railway Conductors and Brakemen, Brotherhood of Railroad Trainmen and Switchmen's Union of North America),
and the several amendments made thereto in various national agreements up to the Award of Arbitration Board No. 559 dated May 8, 1996
and the 1996 BLE Core National Agreement.
Insofar as applicable to employees represented by the United Transportation Union, the Vacation Agreement dated April 29, 1949, as
amended, is further amended effective January 1, 1982, by substituting the following Section 1 for Section 1 as previously amended,
substituting the following Section 2 for Section 2 as previously amended, and substituting the following Section 9 for Section 9 as previously
amended:
This is intended as a guide and is not to be construed as constituting a separate agreement between the parties. If any dispute arises as to
the proper interpretation or application of any vacation provision, the terms of the appropriate vacation agreement on the property involved
shall govern.
Section 1
(a) Effective January 1, 1997, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April
29, 1949 Vacation 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 renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation
Agreement amounting to two hundred forty (240) basic days in miles or hours paid for, as provided in individual schedules.
Beginning with the year 1997, in the application of this Section 1(a) 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 qualification for vacations. (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.) This qualifying condition and multiplying factor pertains only
to service performed by yard and road employees in the preceding calendar year so as to determine qualification for vacation on that basis
only. (See NOTE following Section le.)
Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated September 21, 1950, May 25, 1951 or May 23, 1952,
on an individual carrier, but not earlier than the year 1960, in the application of this Section II a) 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 1.3 days, and each basic
day in all other seniors shall be computed as 1.1 days, for purposes of determining qualifications for vacations. (This is the equivalent of 120
qualifying days in a calendar year in yard service and 144 qualifying days in a calendar year in mad service.) (See NOTE following, Section
1 e.)
Beginning with the year 1960 on all other carriers, in the application of this Section 1 (a) each basic day in all classes of service shall be
computed as 1.1 days for purposes of determining qualifications for vacation. (This is the equivalent of 144 qualifying days.) (See NOTE
below Section 1 e.)
(b) Effective January 1, 1997, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April
29, 1949 Vacation 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 renders service under schedule
agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement 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 renders service of
not less than three hundred twenty (320) basic days in miles or hours paid for as provided in individual schedules.
Beginning with the year 1997, in the application of this Section 1 (b) 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 qualification for vacations. (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.) This qualifying condition and multiplying factor
pertains only to service performed by yard and road employees in the preceding calendar year so as to determine qualification for vacation
on that basis only. (See NOTE following Section 1 e.)
Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated September 21, 1950, May 25, 1951, or May 23,
1952, on an individual carrier, but not earlier than the year 1960, in the application of this Section 1 (b) 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 1.4 days, and each basic day in all other services shall be computed as 1.2
days, for purposes of determining qualifications for vacations. (This is the equivalent of 110 qualifying days in a calendar year in yard
service and 132 qualifying days in a calendar year in road service.) (See NOTE below.)
Beginning with the year 1960 on all other carriers, in the application of this Section 1 (b) each basic day in all classes of service shall be
computed as 1.2 days for purposes of determining qualifications for vacation. (This is the equivalent of 132 qualifying days.) (See NOTE
following Section 1 e.)
(c) Effective January 1, 1997, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April
29, 1949 Vacation 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 renders service under schedule
agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement 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 renders 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.
Beginning with the year 1997, in the application of this Section 1 (c) 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 qualification for vacations. (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.) This qualifying condition and multiplying factor
pertains only to service performed by yard and road employees in the preceding calendar year so as to determine qualification for vacation
on that basis only. (See NOTE following Section 1 e.)
Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated September 21, 1950, May 25, 1951, or May 23,
1952, on an individual carrier, but not earlier than the year 1960, in the application of this Section 1(c) 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 vacations. (This is the
equivalent of 100 qualifying days in a calendar year in yard service and 120 qualifying days in a calendar year in road service.) (See NOTE
below Section le.)
Beginning with the year 1960 on all other carriers, in the application of this section 1 (c) each basic day in all classes of service shall be
computed as 1.3 days for
purposes of determining qualifications for vacation. (This is the equivalent of 120 qualifying days.) (See NOTE following Section 1 e.)
(d) Effective January 1, 1997, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April
29, 1949 Vacation 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 held by the organizations signatory to the April 29, 1949 Vacation Agreement 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 renders
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.
Beginning with the year 1997, in the application of this Section 1 (d) 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 qualification for vacations. (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.) This qualifying condition and multiplying factor
pertains only to service performed by yard and road employees in the preceding calendar year so as to determine qualification for vacation
on that basis only. (See NOTE below Section 1 e.)
Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated September 21, 1950, May 25, 1951 or May 23, 1952,
on an individual carrier, but not earlier than the year 1960, in the application of this Section 1(d) each basic day in yard service performed by
a yard service employee or by an employee having interchangeable road and yard service 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 vacations. (This is the equivalent
of 100 qualifying days in a calendar year in yard service and 120 qualifying days in a calendar year in road service.) (See NOTE below
Section 1 e.)
Beginning with the year 1960 on all other carriers, in the application of this Section 1 (d) each basic day in all classes of service shall be
computed as 1.3 days for purposes of determining qualifications for vacation. (This is the equivalent of 120 qualifying days.) (See NOTE
below Section 1 e.)
(e) Effective January 1, 1997, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April
29, 1949 Vacation 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 renders service under schedule
agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement 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 renders
service of not less than four thousand (4,000) basic days in miles or hours paid for as provided in individual schedules.
Beginning with the year 1997, in the application of this Section 1(e) 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 qualification for vacations. (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') This qualifying condition and multiplying factor pertains only
to service performed by yard and road employees in the preceding calendar year so as to determine qualification for vacation on that basis
only. (See NOTE following Section 1 e.)
Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated September 21, 1950, May 25, 1951 or May 23, 1952,
on an individual carrier, but not earlier than the year 1960, in the application of this Section 1 (e) 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 vacations. (This is the equivalent of
100 qualifying days in a calendar year in yard service and 120 qualifying days in a calendar year in road service.) (See NOTE following
Section 1 e.)
Beginning with the year 1960 on all other carriers, in the application of this Section 1 (e) each basic day in all classes of service shall be
computed as 1.3 days for purposes of determining qualifications for vacation. (This is the equivalent of 120 qualifying days.) (See NOTE
following Section 1 e.)
NOTE: In the application of Section 1 (a), (b), (c), (d) and (e), qualifying years accumulated, also qualifying requirements for years
accumulated, prior to the effective date of the respective provisions hereof, for extended vacations shall not be changed.
(f) In dining car service, for service performed on and after July 1, 1949 each 7 1/2 hours paid for shall be considered the equivalent of one
basic day in the application of Section 1 (a), (b), (c), (d) and (e).
(g) 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) such days, will be included in the determination of qualification for vacation; also, calendar days, not in excess of
forty-five (45), on which an employee is absent from and unable to perform service because of injury received on duty will be included.
The 90 and 45 calendar days referred to in this Section 1(g) shall not be subject to the 1.1, 1.2, 1.3, 1.4 and 1.6 computations provided for in
Section 1 (a), (b), (c), (d) and (e), respectively.
(h) 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 Section 1 (b), one thousand two
hundred and eighty (1280) basic days under Section 1(c), two thousand seven hundred and twenty (2720) basic days under Section 1 (d),
and four thousand (4,000) basic days under Section 1 (e).
(i) Only service performed on one railroad may be combined in determining the qualifications provided for in this Section 1, 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 employees seniority on his home road. Such service will not operate to
relieve the home road of its responsibility under this agreement.
(j) In instances where employees who have become members of the Armed Forces of the United States return to the service of the
employing carrier in accordance with the Military Selective Service Act of 1967, as amended, the time spent by such employees in the
Aimed 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.
(k) 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 the calendar year of his return to railroad service, but could qualify for a vacation in the calendar 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 Section 1 (a), (b), (c), (d) or (e) and 0) hereof.
(l) 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 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 Section 1 (a), (b), (c), (d) or (e) and 0) hereof.
(m) 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 1.1, 1.2, 1.3, 1.4 and 1.6
computations provided for in Section 1 (a), (b), (c), (d) and (e), respectively.
(n) 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.
(o) An employee may make up to three splits in his annual vacation in any calendar year.
(p) An employee may take up to one week of his annual vacation in single day increments, provided, however, that such employee shall be
automatically marked up for service upon the expiration of any single day vacation.
Employees electing to take one week of vacation in single-day increments must so designate on their vacation request form. Employees
requesting single-day vacation will be permitted to take them upon request, subject to the needs of the service. Employees paid in lieu
thereof. A week of single-day vacations is defined as 7 days for employees on 7-day assignments, including extra boards without an off day;
6 days for employees on 6-day assignments, and 5 days for employees on 5-day assignments. An employee's regular assignment on the
date on which the local Carrier and Organization representatives meet to assign vacations, or the last regular assignment prior to that date,
will determine the number of single-vacation days an employee receives.
Section 2
Employees qualified under Section 1 hereof shall be paid for their vacations as follows:
General
(a) An employee receiving a vacation, or pay in lieu thereof, under Section 1 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 Section 1 (or carriers in case he qualified on more than one carrier under Section 1
(i)) 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 subparagraph (b).
(b) Beginning on the date Agreement "A" dated September 21, 1950, May 25, 1951 or May 23, 1952, became or becomes effective on any
carrier, the following shall apply insofar as yard service employees and employees having interchangeable yard and road rights covered by
said agreement are concerned:
Yard Service
(1) An employee receiving a vacation, or pay in lieu thereof, under Section 1 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 Section 1 (or carriers in case he qualified on more than one carrier under Section
1(i)) 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' at the rate of the last service rendered.
Combination of Yard and Road Service
(2) An employee having interchangeable yard and road rights receiving a vacation, or pay in lieu thereof, under Section 1 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 Section 1 (or carriers in case he qualified on
more than one carrier under Section 1 (i)) 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 shall be not less that 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 not be less than five (5) minimum basic days' pay at the rate of the last yard service
rendered.
NOTE: Section 2(b) applicable to yard service shall apply to yard, belt line and transfer service and combinations thereof, and to hostling
service.
Section 3
Vacations, or allowances therefor, 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.
Section 4
Time off on account of vacation will not be considered as time off account employee's own accord under any guarantee rules and will not be
considered as breaking such guarantees.
Section 5
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 unless otherwise provided.
Section 6
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
carriers and of 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 allowances by the
carriers 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 filed.
Section 7
(a) Vacations shall not be accumulated or carried over from one vacation year to another. However, to avoid loss of time by the employee at
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.
(b) After the vacation begins layover days during the vacation period shall be counted as a part of the vacation.
Section 8
The vacation provided for in this agreement shall be considered to have been earned when the employee has qualified under Section 1
hereof. If an employee's employment status is terminated for any reason whatsoever, including but not limited to retirement, resignation,
discharge, noncompliance 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 therefor under Section 1. 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.
Section 9
The terms of this agreement 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.
Beginning on the date Agreement "A" dated September 21, 1950, May 25,1951, or May 23,1952, became or becomes effective on any
carrier, such additional vacation days shall be reduced by 1/6th with aspect to yard service employees, and with respect to any yard service
employee having interchangeable yard and road rights who receives a vacation in yard service.
Section 10
Any dispute or 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, either party may submit the
dispute or controversy to arbitration in accordance with the procedures of Section 3 of the Railway Labor Act.
Section 11
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 applies to and defines the rights and obligations of the carriers parties
to this agreement and the employees of such carriers represented by the Brotherhood of Locomotive Engineers and the United
Transportation Union.
Section 12
This vacation agreement shall continue in effect until changed or modified in accordance with provisions of the Railway Labor Act, as
amended.
Section 13
This agreement is subject to approval of courts with respect to carriers in hands of receivers or trustees.
Section 14
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 Chairman) 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.
In computing basic days in miles or hours paid for, as provided in Section 1 of said agreement, the parties agree that the following
interpretations shall apply:
1. A trainman in passenger service, on a trip of 300 miles, upon which no overtime or other allowances accrue, will be credited with two
basic days.
2. An employee in 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.
3. An employee in freight service on a run of 125 miles, with a total time on duty of 14 hours on the trip, will be credited with 1-3/4 basic days.
4. An employee in yard service working 12 hours will be credited with 1-1/2 basic days.
5. An employee in freight service, run-around and paid 50 miles for same, will be credited with ½ basic day.
6. An employee in freight service, called and released and paid 50 miles for same, will be credited with ½ basic day.
7. An employee in 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 seven basic days.
8. An employee in freight service makes trip of 80 miles in 8 hours or less, for which he is paid 100 miles, will be credited with 1 basic day.
9. An engineman in passenger service makes a trip of 100 miles or less in 5 hours, will be credited with 1 basic day.
10. An engineman in short-turn-around passenger service, makes a trip of 100 miles or less, on duty eight hours within a spread of nine
hours, will be credited with 1 basic day.
11. A trainman in short-turn-around passenger service, makes a trip of 150 miles or less, on duty eight hours within a spread of nine hours,
will be credited with 1 basic day.
12. A trainman in short-turn-around passenger service, makes a trip of 150 miles or less, total spread of time 10 hours, on duty eight hours
within the first nine hours, will be credited with 1-1/8 basic days.
13. An employee in freight service, deadheading is paid 50 miles for same, will be credited with ½ basic day. 14. An employee is paid eight
hours under the held-away-from-home terminal article, will be credited with 1 basic day.
15. An employee is allowed one hour as arbitrary allowance, will be credited with 1/8 basic day.
Section 15
In the granting of vacations subject to agreements held by the five operating organizations, service rendered for the carrier will be counted in
establishing five or fifteen or more years of continuous service, as the case may be, 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.
This understanding will apply commencing with the year 1956 but will also be applicable to claims of record properly filed with the carrier on
or after January 1, 1955, for 1955 vacations and on file with the carrier at the date of this understanding. No other claims for 1955 based on
continuous service will be paid. Standby agreements will be applied according to their terms and conditions for the year 1955.
Section 16
In the granting of vacations to firemen (helpers) subject to the provisions of the Operating Vacation Agreement of April 29, 1949, as
amended, who have transferred (without a break in the employment relationship) to that class of service from a class of service not covered
by an agreement held by an organization signatory to the Operating Vacation Agreement of April 29, 1949, all service rendered for the
carrier in the class or classes of service not so covered will be counted in establishing the requirements of such Agreement as to the years
of continuous service, the days of service rendered during the years of continuous service and service rendered in the calendar year
preceding the year in which the vacation is taken in the same manner as if the service not covered had been subject to the provisions of the
Operating Vacation Agreement.
Section 17
An engineer who, while working as fireman, had become eligible to count in qualifying for a vacation prior service rendered for the carrier in
a class or classes of service not covered by the operating employees' Vacation Agreement of April 29, 1949, may continue to count such
prior service while working as engineer.
Section 18
Vacation qualification criteria in effect on the date of this Agreement shall continue to apply to employees represented by the organization
who hold positions as working General Chairmen, Local Chairmen, and state legislative directors ("local officials"). In other words, the
changes in qualification as set forth in Article V, Section 2 are not intended to revise vacation qualification conditions for such local officials.
It is further understood that by providing this exclusion it is not intended that the total number of such officials covered be expanded.
Section 19
Assignment of the vacation schedule will be allocated for the entire calendar year in December and vacation assignments will be made prior
to January 1 of the applicable year.
Section 20
In order to facilitate such registration, a form has been developed upon which may be indicated up to three (3) choices, for vacation period,
in order of preference.
Section 21
Employees who register their choices in the manner provided in Section 20 hereof, shall have preference in the choice of vacation period
over all employees who do not so register. They should sign their names, identification number, occupations and locations and return the
completed forms to the local supervising officer not later than the last day of the registration period. A local supervisor and local chairmen
will confer in selecting employee vacation periods.
Section 22
Nothing in this agreement shall prevent an employee who is qualified, from taking a vacation prior to the closing of the registration period
providing that the local supervising officer is agreeable and that such action does not conflict with applicable agreements.
Section 23
The vacation schedule of an employee who is entitled to a vacation and who fails to return the completed form as provided for in Section 20
hereof, will be handled by arrangement between the local supervising officer and the employee's local chairman, subject to the provisions of
the applicable agreements.
Section 24
As soon as practicable after the close of the registration period as provided in Section 19 hereof, a schedule of vacation periods which it is
expected the requirements of the service will permit to be allowed will be prepared and posted, including those for employees who have not
registered their choices as provided in Section 20 hereof, as well as those for employees who have so registered.
Section 25
Eligibility criteria in effect on December 31, 1995 governing coverage by The Railroad Employees National Health and Welfare Plan shall
continue to apply to employees represented by the organization who hold positions as working General Chairmen, Local Chairmen, and
state legislative directors ("local officials"). In other words, the changes in eligibility as set forth in Article V, Section 1 are not intended to
revise eligibility conditions for local officials. It is further understood that by providing this exclusion it is not intended that the total number of
such officials covered be explained.
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