Article 40 Article 40
Article 40
Paid Holidays
The following represents a summary of the various agreements and understandings related to Paid Holidays:
Section 1
Each regularly assigned or extra yard service employee and each regularly assigned road service employee in local freight service, road
switcher, roustabout runs, mine runs, or other miscellaneous service employees, who are confined to runs of 100 miles or less and who are
therefore paid on a daily basis without a mileage component, and meet the qualifications, shall receive one basic day's pay at the rate for
the class and craft of service in which last engaged for each of the following enumerated holidays:
New Year's Day
President's Day
Good Friday
Memorial Day
Fourth of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (the day before Christmas)
Christmas Day
New Year's Eve
NOTE 1: When any of the above listed holidays falls on Sunday, the day observed by the State or Nation shall be considered the holiday.
NOTE 2: Road switchers are compensated without a mileage component.
Section 2
A. To qualify for holiday pay, regularly assigned employees must be available for or perform service as a regularly assigned employee in the
class of service referred to on the workday immediately preceding and following such holiday, and if his assignment works on the holiday he
must fulfill such assignment. If the employee's assignment is annulled, canceled or abolished or he 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 "days off" shall be considered the workday immediately preceding the
holiday.
NOTE 1: A regularly assigned yard service employee who qualifies for holiday pay shall not be deprived thereof by reason of changing from
one regular yard assignment to another regular yard assignment on the workday immediately preceding or following the holiday or on the
holiday.
NOTE 2: A regularly assigned yard service employee whose assignment is annulled, canceled, or abolished, or a regularly assigned yard
service employee who is displaced from a regular assignment as a result thereof, and who reverts to the extra board, will be considered
"available" if he marks himself on the extra board in sufficient time under existing applicable mark-up rules to work a tour of duty at the first
opportunity permitted by such applicable rules.
NOTE 3: An employee will be deemed to have performed service or fulfilled his assignment if he is required by the carrier to perform other
service in accordance with rules and practices on the carrier.
B. To qualify for holiday pay, an extra yard service employee must -
1. Perform 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,
2. Be available for yard service on the full calendar day immediately preceding and immediately following the holiday and perform yard
service on such holiday, or,
3. If such employee cannot qualify under Section 3 (b) (1) or (b) (2), then in order to qualify he must be available for yard service on the full
calendar day immediately preceding and immediately following the holiday, or perform yard service on any one or more of such days and be
so available on the other day or days, and compensation for yard service paid him by the carrier is credited on 11 or more of the 30
calendar days immediately preceding the holiday.
NOTE 1: An employee whose service status changes from an extra yard service employee to a regularly assigned yard service employee or
vice versa on one of the qualifying days shall receive the basic day's pay provided in paragraph (a) of Section 3 provided (1) he meets the
qualifications set forthe in paragraph (b) of Section 3 on the day or days he is an extra yard service employee and (2) he meets the
qualifications set forth in paragraph (b) of Section 2 on the day or days he is a regularly assigned yard service employee, provided further,
that a regularly assigned yard service employee who voluntarily changes his service status to an extra yard service employee on any of the 3
qualifying days shall not be entitled to receive the pay provided for in paragraph (a) of Section 3.
NOTE 2: For the purpose of Section 3, an extra yard service employee will be deemed to be available if he is ready for yard service and
does not lay off of his own record, or if he is required by the carrier to perform other service in accordance with rules and practices on the
carrier.
NOTE 3: The term "extra yard service employee" shall include an extra employee on a common extra list protecting both road and yard
service, except that an employee, while performing road service, shall not be regarded as being available for yard service, unless
compensation for yard service paid him by the carrier is credited on 11 or more of the 30 calendar days immediately preceding the holiday.
NOTE 4: The term "yard service" as used herein applies only to yard service paid for on an hourly or daily basis and subject to yard rules
and working conditions.
Section 3
A. Only one basic day's pay shall be paid for the holiday irrespective of the number of shifts worked. If more than one shift is worked on the
holiday the allowance of one basic day's pay shall be at the rate of pay of the first tour of duty worked.
B. All of the employees described herein who work on any of the holidays listed herein 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.
C. 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 which is also a workday or vacation day.
Section 4
A Weekly or monthly guarantees shall be modified to provide that where a holiday falls or the work day of the assignment, payment of a
basic day’s pay pursuant to Section (1) hereof, shall be applied toward such guarantee. Nothing in this Section shall be considered to create
a guarantee where none now exists, or to change or modify rules or practices dealing with the Carrier's right to annul assignments on the
holidays enumerated in Section (1) hereof.
B. That part of all rules, agreements, practices or understandings which require that crew assignments or individual assignments in classes
of service referred to in Section (1) hereof be worked a stipulated number of days per week or month will not apply to the ten holidays herein
referred to; but where such an assignment is now worked on a holiday the holiday payment to qualified employees provided by this article
will apply.
C. As used in this article, the terms "workday" and "holiday" refer to the day to which service payments are credited.
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 or following the vacation
period due to the away-from-home operation of the individuals run shall not be considered to be workdays for qualifying purposes.
E. Nothing herein contained shall be considered to change or modify application of the Vacation Agreement effective July 1, 1949, as
amended, and Article 3 (Five-Day Work Week) of the Agreement of May 25, 1951, as amended.
Section 5
A. It is understood that when a regularly assigned employee, holding an assignment subject to Article 1, Section 2, of the Agreement of June
25, 1964, 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 days 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 Article 1, Section 2(c) as interpreted herein.
B. A regularly assigned employee holding an assignment which is not subject to Article 1, Section 2, but who is called to protect other
service on an assignment which is subject to Article 1, Section 2, will qualify for payment of the basic day for the holiday if he is available for
or performs service on such assignment on the qualifying days and on the holiday, provided no other employee qualified 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.
Article 40
Paid Holidays
The following represents a summary of the various agreements and understandings related to Paid Holidays:
Section 1
Each regularly assigned or extra yard service employee and each regularly assigned road service employee in local freight service, road
switcher, roustabout runs, mine runs, or other miscellaneous service employees, who are confined to runs of 100 miles or less and who are
therefore paid on a daily basis without a mileage component, and meet the qualifications, shall receive one basic day's pay at the rate for
the class and craft of service in which last engaged for each of the following enumerated holidays:
New Year's Day
President's Day
Good Friday
Memorial Day
Fourth of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (the day before Christmas)
Christmas Day
New Year's Eve
NOTE 1: When any of the above listed holidays falls on Sunday, the day observed by the State or Nation shall be considered the holiday.
NOTE 2: Road switchers are compensated without a mileage component.
Section 2
A. To qualify for holiday pay, regularly assigned employees must be available for or perform service as a regularly assigned employee in the
class of service referred to on the workday immediately preceding and following such holiday, and if his assignment works on the holiday he
must fulfill such assignment. If the employee's assignment is annulled, canceled or abolished or he 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 "days off" shall be considered the workday immediately preceding the
holiday.
NOTE 1: A regularly assigned yard service employee who qualifies for holiday pay shall not be deprived thereof by reason of changing from
one regular yard assignment to another regular yard assignment on the workday immediately preceding or following the holiday or on the
holiday.
NOTE 2: A regularly assigned yard service employee whose assignment is annulled, canceled, or abolished, or a regularly assigned yard
service employee who is displaced from a regular assignment as a result thereof, and who reverts to the extra board, will be considered
"available" if he marks himself on the extra board in sufficient time under existing applicable mark-up rules to work a tour of duty at the first
opportunity permitted by such applicable rules.
NOTE 3: An employee will be deemed to have performed service or fulfilled his assignment if he is required by the carrier to perform other
service in accordance with rules and practices on the carrier.
B. To qualify for holiday pay, an extra yard service employee must -
1. Perform 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,
2. Be available for yard service on the full calendar day immediately preceding and immediately following the holiday and perform yard
service on such holiday, or,
3. If such employee cannot qualify under Section 3 (b) (1) or (b) (2), then in order to qualify he must be available for yard service on the full
calendar day immediately preceding and immediately following the holiday, or perform yard service on any one or more of such days and be
so available on the other day or days, and compensation for yard service paid him by the carrier is credited on 11 or more of the 30
calendar days immediately preceding the holiday.
NOTE 1: An employee whose service status changes from an extra yard service employee to a regularly assigned yard service employee or
vice versa on one of the qualifying days shall receive the basic day's pay provided in paragraph (a) of Section 3 provided (1) he meets the
qualifications set forthe in paragraph (b) of Section 3 on the day or days he is an extra yard service employee and (2) he meets the
qualifications set forth in paragraph (b) of Section 2 on the day or days he is a regularly assigned yard service employee, provided further,
that a regularly assigned yard service employee who voluntarily changes his service status to an extra yard service employee on any of the 3
qualifying days shall not be entitled to receive the pay provided for in paragraph (a) of Section 3.
NOTE 2: For the purpose of Section 3, an extra yard service employee will be deemed to be available if he is ready for yard service and
does not lay off of his own record, or if he is required by the carrier to perform other service in accordance with rules and practices on the
carrier.
NOTE 3: The term "extra yard service employee" shall include an extra employee on a common extra list protecting both road and yard
service, except that an employee, while performing road service, shall not be regarded as being available for yard service, unless
compensation for yard service paid him by the carrier is credited on 11 or more of the 30 calendar days immediately preceding the holiday.
NOTE 4: The term "yard service" as used herein applies only to yard service paid for on an hourly or daily basis and subject to yard rules
and working conditions.
Section 3
A. Only one basic day's pay shall be paid for the holiday irrespective of the number of shifts worked. If more than one shift is worked on the
holiday the allowance of one basic day's pay shall be at the rate of pay of the first tour of duty worked.
B. All of the employees described herein who work on any of the holidays listed herein 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.
C. 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 which is also a workday or vacation day.
Section 4
A Weekly or monthly guarantees shall be modified to provide that where a holiday falls or the work day of the assignment, payment of a
basic day’s pay pursuant to Section (1) hereof, shall be applied toward such guarantee. Nothing in this Section shall be considered to create
a guarantee where none now exists, or to change or modify rules or practices dealing with the Carrier's right to annul assignments on the
holidays enumerated in Section (1) hereof.
B. That part of all rules, agreements, practices or understandings which require that crew assignments or individual assignments in classes
of service referred to in Section (1) hereof be worked a stipulated number of days per week or month will not apply to the ten holidays herein
referred to; but where such an assignment is now worked on a holiday the holiday payment to qualified employees provided by this article
will apply.
C. As used in this article, the terms "workday" and "holiday" refer to the day to which service payments are credited.
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 or following the vacation
period due to the away-from-home operation of the individuals run shall not be considered to be workdays for qualifying purposes.
E. Nothing herein contained shall be considered to change or modify application of the Vacation Agreement effective July 1, 1949, as
amended, and Article 3 (Five-Day Work Week) of the Agreement of May 25, 1951, as amended.
Section 5
A. It is understood that when a regularly assigned employee, holding an assignment subject to Article 1, Section 2, of the Agreement of June
25, 1964, 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 days 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 Article 1, Section 2(c) as interpreted herein.
B. A regularly assigned employee holding an assignment which is not subject to Article 1, Section 2, but who is called to protect other
service on an assignment which is subject to Article 1, Section 2, will qualify for payment of the basic day for the holiday if he is available for
or performs service on such assignment on the qualifying days and on the holiday, provided no other employee qualified 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.
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