OPERATING VACATION AGREEMENTS

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 EASTERN, WESTERN AND SOUTHEASTERN CARRIERS AND THEIR EMPLOYEES REPRESENTED BY THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS, BROTHERHOOD OF LOCOMOTIVE FIREMEN & ENGINEMEN, ORDER OF RAILWAY CONDUCTORS & BRAKEMEN, BROTHERHOOD OF RAILROAD TRAINMEN AND SWITCHMEN ‘S UNION OF NORTH AMERICA, AND THE SEVERAL AGREEMENTS MADE THERETO IN VARIOUS

NATIONAL AGREEMENTS THROUGH MAY 13, 1971.

THIS = 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 OF APPLICATION

OF ANY VACATION PROVISION, THE TERMS OF THE APPROPRIATE

VACATION AGREEMENT SHALL GOVERN.

Section 1. (a) Effective January 1, 1973, 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 one hundred sixty

(160) basic days in miles or hours paid for, as provided in

individual schedules.

In the application of this Section l(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 services

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 road service). (See

NOTE below).

(b) Effective January 1, 1973, 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 one hundred sixty (160) 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 leas than three hundred twenty

(320) basic days in miles or hours paid for as provided in individual

schedules.

In the application of this Section l(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) .

(c) Effective January 1, 1973, each employee, subject to

the scope of schedule agreements held by the organizations

signatory to the April 29, 1949 Vacation Agreement, having ten

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 one hundred sixty (160) basic days in

miles or hours paid for as provided in individual schedules and

during the said ten or more years of continuous service renders

service of not less than sixteen hundred (1600) basic days in

miles or hours paid for as provided in individual schedules.

In the application of this Section l(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 ).

(d) Effective January 1, 1973, each employee, subject to

the scope of schedule agreements held by the organizations

signatory to the April 29, 1949 Vacation Agreement, having

twenty 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 one hundred sixty

(160) basic days in miles or hours paid for as provided in

individual schedules and during the said twenty or more years

of continuous service renders service of not less than thirty

two hundred (3200) basic days in miles or hours paid for as

provided in individual schedules.

In the application of this Section l(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

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).

(e) Effective January 1, 1973, 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

one hundred sixty (160) 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.

In the application of this Section l(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 below).

NOTE: In the

application of Section l(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) Not applicable.

(g) Calendar days on which an employe assigned to an

extra list is available for service and on which days he

performs no service, not exceeding sixty (60) days such days

will be included in the determination of qualification for

vacation; also, calendar days, not in excess of thirty (30),

on which an employe is absent from and unable to perform service

because of injury received on duty will be included.

The 60 and 30 calendar days referred to in this Section

l(g) shall not be subject to the 1.1, 1.2, 1.3, 1.4 and 1.6

computations provided for in Section l(a), (b), (c), (d) and

(e), respectively.

(h) Where an employe 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 employe 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 l(b) and sixteen hundred (1600) basic days under

Section l(c), and thirty-two hundred (3200) basic days under

Section l(d), and four thousand (4000) basic days under Section

l(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 employe 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 employee's 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 employes 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

employes in the Armed 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 employe 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 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 Sections l(a), (b), (c), (d), or (e) and (j) hereof.

(L) In instances where an employe 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 Sections l(a), (b), (c), (d) or (e), and (j),hereof.

Section 2. Employes qualified under Section 1 hereof

shall or their vacations as follows:

                                    GENERAL

(a) An employe 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 employe 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 l(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” between the

parties, dated May 23, 1952, became or becomes effective on

any Carrier, the following shall apply insofar as yard service

employes and employes having interchangeable yard and road

rights covered by said Agreement, who are represented by the

Brotherhood of Locomotive Engineers, are concerned.

                                    YARD SERVICE

(1) An employe 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 employe 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 l(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’ pay at the rate of the last

service rendered.

                        COMBINATION OF YARD AND ROAD SERVICE

(2) An employe 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 employe 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 l(i) during the calendar year pre-ceding

the year in which the vacation is taken; provided that,

if the vacation is taken during the time such employe is

working in road service such pay for each week of vacation

shall be not less than 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 employe is working in yard service,

such pay for each week of vacation shall be not 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 such

schedules.

Section 4. Time off on account of vacation will not be

considered as time off account employe’s own accord under any

guarantee rules and will not be considered as breaking such

guarantees.

Section 5. The absence of an employe 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.

Section 6. Vacations shall be taken between January 1

and December 31; 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 employe in his seniority order in the class of service

in which engaged when granting vacations. Representatives of

the Carriers and of the employes will cooperate in arranging

vacation periods, administering vacations and releasing employes

when requirements of the service will permit. It is

understood and agreed that vacationing employes 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 employe will be paid his vacation

allowance not 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 employe at end of his vacation

period, the number of vacation days at the request of the

employe 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 part of the vacation.

Section 8. The vacation provided for in this Agreement

shall be considered to have been earned when the employe 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 employe has qualified therefor under Section

1. If an employe 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 employe 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. With respect to yard

service employes, and with respect to any yard service employe

having interchangeable yard and road rights who receives a

vacation in yard service, such additional vacation days shall

be reduced by l/6th.

Section 10. my 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 and either the carrier or the organization

desires that the dispute or controversy be handled

further, it shall be referred by either party for decision to

a committee, the carrier members of which shall be five members

of the Carriers’ Conference Committees signatory hereto,

or their successors; and the employe members of which shall

be the chief executives of the five organizations signatory

hereto, or their representatives, or successors. It is agreed

that the Committee herein provided will meet between January

1 and June 30 and July 1 and December 31 of each year if any

disputes or controversies have been filed for consideration.

In event of failure to reach agreement the dispute or controversy

shall be arbitrated in accordance with the Railway

Labor Act, as amended, the arbitration being handled by such

Committee. Interpretation or application agreed upon by such

committee or fixed by such arbitration, shall be final and

binding as an interpretation or application of this agreement.

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, Brotherhood

of Locomotive Firemen and Enginemen, Order of Railway

Conductors, Brotherhood of Railroad Trainmen and Switchmen’s

Union of North America.

An employee who has taken or is scheduled to commence

his vacation during the year 1949 prior to July 1, 1949

shall not be entitled to the increased vacation nor to the

vacation allowance provided for herein during the period

July 1, 1949 - December 31, 1949.

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.