Synthesis
of
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 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.
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 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 1.6 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.)
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 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.)
2
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.)
(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 below.)
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 below.)
3
(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 below.)
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.)
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 below.)
(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.
4
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.)
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 l(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.)
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.)
(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 below.)
5
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 below.)
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 below.)
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).
6
(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 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 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 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 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 (j) 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 (j) 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.
7
(o) - An employee may make up to two 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.
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.
8
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.
9
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.
10
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
respect 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.
SIGNATURES OMITTED
MEMORANDUM
Chicago, Illinois, April 29, 1949
Referring to agreement, signed this date, between employees
represented by the Brotherhood of Locomotive Engineers, Brotherhood of
Railroad Trainmen, and the Switchmen's Union of North America, and Carriers
represented by the Eastern, Western and Southeastern Carriers' Conference
Committees, with respect to vacations with pay:
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 1/2 basic day.
6. An employee in freight service, called and released
and paid 50 miles for same, will be credited with 1/2 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.
- 2 -
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 1/2 basic day.
14. An employee is paid eight hours under the
held-away-from-home terminal rule, 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.
s/ A. Johnston
Grand Chief Engineer
Brotherhood of Locomotive Engineers
|
s/ D. P. Loomis
Chairman
Western Carriers' Conference Committee
|
s/ C. J. Goff
Asst. President
Brotherhood of Locomotive Firemen
and Enginemen
|
s/ H. A. Enochs by S. M. F.
Chairman
Eastern Carriers' Conference Committee
|
s/ R. O. Hughes by J. P.
Vice President
Order of Railway Conductors
|
s/ T. H. Benton
Chairman
Southeastern Carriers' Conference
Committee
|
s/ A. F. Whitney
President
Brotherhood of Railroad Trainmen
|
|
s/ A. J. Glover
Intl. President
Switchmen's Union of North America
|
ATTACHMENT 1
- 1 -
INTERPRETATION OF CONTINUOUS SERVICE
PROVISIONS OF
SECTION I OF VACATION AGREEMENT
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.
Signed at Chicago, Illinois, this 18th day of January,
1956.
CARRIER MEMBERS
SECTION 10 COMMITTEE |
EMPLOYEE MEMBERS
SECTION 10 COMMITTEE |
s/ Frank J. Goebel |
s/ R. E. Davidson |
s/ L. W. Homing |
s/ S. C. Phillips |
s/ D. P. Loomis |
s/ J. A. Paddock |
s/ E. H. Hallmann |
s/ S. Vander Hei |
s/ F. K. Day, Jr. |
s/ C. E. McDaniels |
ATTACHMENT 2
NATIONAL RAILWAY LABOR CONFERENCE
1225 CONNECTICUT AVENUE, N.W., WASHINGTON, D.C.
20036/AREA CODE: 202-659-9320
WILLIAM H. DEMPSEY, Chairman M. E. PARKS,
Vice Chairman W. S. MACGILL, Assistant to Chairman
JAMES A. WILCOX, General Counsel H. E. GREER, Director of Research J. F.
GRIFFIN, Administrative Secretary
July 19, 1972 T-2
Mr. M. W. Hampton
Assistant President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hampton:
In accordance with our understanding, this is to confirm
that, 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.
Will you please confirm your acceptance of this
understanding by affixing your signature in the space provided therefor below.
Yours very truly,
s/ William H. Dempsey
William H. Dempsey
ACCEPTED:
s/ M. W. Hampton
ATTACHMENT 3
NATIONAL RAILWAY LABOR CONFERENCE
1225 CONNECTICUT AVENUE, N.W., WASHINGTON, D.C.
20036/AREA CODE: 202-659-9320
WILLIAM H. DEMPSEY, Chairman H. E. GREER,
Vice Chairman ROBERT BROWN, Vice Chairman
W. L. BURNER, JR., Director of Research J. F. GRIFFIN, Director of Labor
Relations
D. P. LEE, General Counsel T. F. STRUNCK, Administrator of Disputes Committees
March 6, 1975
Mr. Burrell N. Whitmire
President
Brotherhood of Locomotive Engineers
1365 Ontario Street
Cleveland, Ohio 44114
Dear Mr. Whitmire:
This confirms our understanding that 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.
If you concur would you please sign below.
Yours very truly,
s/ W. H. Dempsey
William H. Dempsey
I concur.
s/ B. N. Whitmire
Burrell N. Whitmire, President
Brotherhood of Locomotive Engineers
ATTACHMENT 4
May 8, 1996
#7
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding regarding Article V -
Benefits Eligibility of Document "A" of the Agreement of this date.
This will confirm our understanding that 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.
Please acknowledge your agreement by signing your name in
the space provided below.
Yours very truly,
Robert F. Allen
I agree:
C. L. Little
ATTACHMENT 5
May 31, 1996
#6
Mr. Ronald P. McLaughlin
President
Brotherhood of Locomotive Engineers
Standard Building
1370 Ontario Street
Cleveland, OH 44113-1702
General Chairman
Gentlemen:
This confirms our understanding regarding Article V -
Benefits Eligibility of the Agreement of this date.
This will confirm our understanding that 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 Board Chairmen
("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.
Please acknowledge your agreement by signing your name in
the space provided below.
Yours very truly,
s/ R. F. Allen
Robert F. Allen
I agree:
s/ R. P. McLaughlin
R. P. McLaughlin |
s/ J. B. Dagnon
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s/ General Chairman
General Chairman |
s/ Dennis A. Arouca |
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s/ J. J. Fleps
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s/ K. R. Peifer
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s/ H. I. Salmons
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s/ R. S. Spenski
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s/ T. L. Watts
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