NATIONAL HOLIDAY PROVISIONS

PAID HOLIDAYS FOR ENGINEERS

THE FOLLOWING REPRESENTS A SYNTHESIS IN ONE DOCUMENT, FOR

THE CONVENIENCE OF THE PARTIES, OF THE CURRENT HOLIDAY PROVISIONS OF THE NATIONAL AGREEMENT OF JUNE 25, 1964, LETTER OF UNDERSTANDING DATED JULY 28, 1967, AND NATIONAL AGREEMENTS

DATED MARCH 10, 1969, MAY 13, 1971 AND MARCH 6, 1975. (*)

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 INTERPRETATIONS OR APPLICATION OF ANY PROVISION, THE TERMS OF THE APPROPRIATE AGREEMENT SHALL GOVERN .

Section 2.

The following provisions shall apply to regularly assigned

engineers ih yard service, and regularly assigned road

service employes paid on a daily basis, represented by the

Organization party hereto:

            (a) Each regularly assigned engineer in yard service

and each regularly assigned road service employee in local

freight service, including road switchers, roustabout runs,

mine runs, or other miscellaneous service employes, who are

confined to runs of 100 miles or less and who are therefore

paid on a daily basis without a mileage component, and who

meet the qualifications set forth in paragraph (c) hereof,

shall receive one basic day’s pay at the rate for the class

and craft of service in which last engaged for each of the

following enumerated holidays:

New Year’s Day

Washington’s Birthday

Good Friday

Decoration Day

Fourth of July

Labor Day

Veterans Day

Thanksgiving Day

The Day before Christmas is observed

Christmas Day

            Only one basic day’s pay shall be paid for the holiday

irrespective of the number of shifts or trips worked.

NOTE-: When any of the above-listed holidays

falls on Sunday, the day observed by

the State or Nation shall be considered

the holiday.

(b) Any of the employes described in paragraph (a) hereof

who works on any of the holidays listed in paragraph (a)

hereof shall be paid at the rate of time and one-half for all

services performed on the holiday with a minimum of one and

one-half times the rate for the basic day. Not more than one

time and one-half payment will be allowed, in addition to the

“one basic day’s pay at the pro rata rate,” for service performed

during a single tour of duty on a holiday.

(c) To qualify for holiday pay, a regularly assigned employe

referred to in paragraph (a) hereof must be available

for or perform service as a regularly assigned employe in the

classes of service referred to on the work days immediately

preceding and following such holiday, and if his assignment

works on the holiday, the employe must fulfill such assignment.

However, a regularly assigned employe whose assignment

is annulled, cancelled or abolished, or a regularly

assigned employe who is displaced from a regular assignment

as a result thereof on (1) the work day immediately preceding

the holiday, (2) the holiday, or (3) on the work day imediately

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 employe’s work week, the first work day following

his “days off” shall be considered the work day immediately

following. If the holiday falls on the first work day on his

work week, the last work day of the preceding work week shall

be considered the work day immediately preceding the holiday.

(d) Weekly or monthly guarantees shall be modified to

provide that where a holiday falls on the work day of the

assignment, payment of a basic day’s pay pursuant to paragraph

(a) hereof, unless the regularly assigned employe fails to

qualify under paragraph (c) 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 paragraph (a)

hereof:

(e) That part of all rules, agreements, practices or

understandings which require that crew assignments or individual

assignments in the classes of service referred to in

paragraph (a) hereof be worked a stipulated number of days

per week or month will not apply to the holidays herein referred

to; but where such an assignment is not worked on a

holiday, the holiday payment to qualified employes provided

by this rule will apply.

(f) As used in this rule, the terms “work day” and

“holiday” refer to the day to which service payments are

credited.

(g) When a regularly assigned employe, holding an assignment

subject to paragraph (a) hereof, performs compensa-ted

service at least one day on his regular assignment in the

week in which the holiday falls, is required to be used off

his assignment to protect other service on one or both qualifying

days and/or on the holiday, performing or being available

for the service he is called to protect will qualify

him to receive the holiday basic day’s pay at the rate of his

regular assignment. He will be paid at the rate of time and

one-half for service performed on the holiday provided he

works on his regular assignment, and only then if he meets

the qualifying requirements, set forth in paragraph (c) herein.

(h) A regularly assigned employe holding an assignment

which is not subject to paragraph (a) hereof, but who is

called to protect other service on an assignment which is subject

to paragraph (a), 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 employe qualifies for holiday pay

on such position. If the assignment works on the holiday,

he will be paid at the rate of time and one-half for service

performed on the holiday.

(i) When one or more designated holidays fall during

the vacation period of the employe, he shall, in addition

to his vacation compensation, receive the holiday pay provided

for herein, provided he meets the qualification

requirements. The qualifying days shall be the work days

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 individual's

run shall not be considered’ to be work days for qualifying

purposes.

Section 3.

(a) Extra yard service engineers who meet the qualifications

provided in paragraph (b) of this Section 3 shall receive

one basic day’s pay at the pro rata rate on each of the

following holidays:

New Year’s Day

Washington’s Birthday

Good Friday

Decoration Day

Fourth of July

Labor Day

Veterans Day

Thanksgiving Day

The Day before Christmas is observed

Christmas Day

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.

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

(b) To qualify, an extra yard service employe must perform

            (1)            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 days immediately preceding

                        and immediately following the holiday and

                        perform yard service on such holiday, or

            (3)       if such employe 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 days immediately

                        preceding and immediately following

                        and the holiday, or perform yard service

                        on any one or more of such days and be so

                        available on the other day or days.

NOTE : For the purpose of Section 3(b) (l), (2)

and (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 accord, or if he is required by the Carrier to perform other

service in accordance with rules and practices on the Carrier.

(c) Deleted

(d) Any of the extra yard service employees described

in paragraph (a) of this Section 3 who works on any of the

holidays listed therein 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.

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.

(e) As used in this Section 3, the terms “calendar day”

and “holiday” on which yard service is performed refer to the

day to which service payments are credited.

NOTE 1: An employe subject to this Section 3

whose service status changes from an extra yard service employe to a regularly

assigned yard service employe 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 forth in paragraph (b) of Section 3

on the day or days he is an extra service employe and (2) he meets the qualifications set forth in paragraph (c) of Section 2 on the day or days he is a regularly assigned yard service employe,

provided further, that a regularly assigned yard service employe who voluntarily

changes his service status to an extra yard service employe on any of

the three (3) qualifying days shall not be entitled to receive the pay provided

for in paragraph (a) of Section 3.

NOTE 2: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.

NOTE 3:The term “extra yard service employee” shall include extra employes on a common extra list protecting both road and yard service, to whom compensation for yard service has been credited on eleven (11) or more of the thirty (30) calendar days immediately preceding the holiday.

(f) When one or more designated holidays fall during

the vacation period of the employe, he shall, in addition to

his vacation compensation, receive the holiday pay provided

for herein, provided he meets the qualification requirements.

The qualifying days shall be the work days immediately preceding

and following the vacation period.

Section 4. Deleted.

(*) This synthesis has been brought up to date and includes

all changes made since its issuance.