BMWED/Amtrak NEC Agreement

Rule 48 - HOLIDAYS

(a) Subject to the qualifying requirements contained in paragraph (f) hereof, and to the conditions hereinafter provided, each hourly and daily rated employee shall receive eight (8) hours pay at the pro-rata hourly rate for each of the following enumerated holidays:

New Year's Day Labor Day
Washington's Birthday Personal Holiday*
Good Friday Veteran's Day
Memorial Day Thanksgiving Day
Fourth of July Christmas Eve
Christmas Day  

* Such day will be selected by the employee, consistent with the requirement of service, upon 48 hours advance notice to the Corporation. The "personal holiday" request must be made before October 12 of each year. Failing to do so, such "personal holiday" will be assigned by management.

(1)Where employees are working a four-day, ten-hour per day work week and a holiday falls on a work day in that work week, they shall be paid ten (10) hours holiday pay for that holiday.

(b) Holiday pay for regularly assigned employees shall be at the pro rata rate of the position to which assigned.

(c) For other than regularly assigned employees, if the holiday falls on a day on which he would otherwise be assigned to work, he shall, if consistent with the requirements of the service, be given the day off and receive eight (8) hours pay at the pro-rata rate of the position which he otherwise would have worked.
If the holiday falls on a day other than a day on which he otherwise would have worked, he shall receive eight (8) hours pay at the pro-rata hourly rate of the position on which compensation last accrued to him prior to the holiday.

(d) Subject to the applicable qualifying requirements in paragraph (f) hereof, other than regularly assigned employees shall be eligible for the paid holidays or pay in lieu thereof provided for in paragraph (c) above, provided (1) compensation for service paid him by the carrier is credited to 11 or more of the 30 calendar days immediately preceding the holiday and (2) he has had a seniority date for at least 60 calendar days or has 60 calendar days of continuous active service preceding the holiday beginning with the first day of compensated service, provided employment was not terminated prior to the holiday by resignation, for cause, retirement, death, non-compliance with a Union Shop Agreement, or disapproval of application of employment.

(e) Weekly rates that do not include holiday compensation shall receive a corresponding adjustment.

(f) A regularly assigned employee shall qualify for the holiday pay provided in paragraph (a) hereof, if compensation paid him by AMTRAK is credited to the workdays immediately preceding and following such holiday or if the employee is not assigned to work but is available for service on such days. If the holiday falls on the last day of a regularly assigned employee's workweek, the first workday following his rest days shall be considered the workday immediately following. If the holiday falls on the first workday of his workweek, the last workday of the preceding workweek shall be considered the workday immediately preceding holiday.

(g) Except as provided in the following paragraph, all others for whom holiday pay is provided in paragraph

(a) hereof, shall qualify for such holiday pay if on the day preceding and the day following the holiday
they satisfy one or the other of the following conditions:

(i) Compensation for service paid by AMTRAK is credited; or

(ii) Such employee is available for service.

NOTE: "Available as used in sub-section (ii) above, is interpreted by the parties to mean that an employee is available unless he lays off of his own accord or does not respond to a call, pursuant to the rules of the applicable agreement, for service.

(h) For purposes of paragraph (a), other than regularly assigned employees who are relieving regularly assigned employees on the same assignment on both the work day preceding and the work day following the holiday will have the workweek of the incumbent of the assigned position and will be subject to the same qualifying requirements respecting service and availability on the work days preceding and following the holiday as apply to the employee whom he is relieving.

Compensation paid under sick leave rules or practices will not be considered as compensation for purposes of this Rule.

(i) Under no circumstances will an employee be allowed, in addition to his holiday pay, more than one time and one-half payment for service performed by him on a holiday which is also a work day, a rest day, and/or a vacation day.

(j) When any of ten (10) recognized holidays enumerated in paragraph (a) of this Rule, or any day which by agreement, or by law or proclamation of the State or Nation, has been substituted or is observed in place of any such holidays, falls during an hourly or daily rated employees's vacation period, he shall, in addition to his vacation compensation, receive the holiday pay provided for therein, provided he meets the qualification requirements specified. The "workdays" and "days" immediately preceding and following the vacation period shall be considered the "workdays" and "days" preceding and following the holiday for such qualification purposes.

(k) In all States where proclamations of National and State holidays do not coincide, employees covered by our Holiday Agreement will observe holidays designated by the Federal Government. Such holidays as designated by the Federal Government will take precedence over holidays enumerated by the State. Holidays falling on the second or third work day of employees assigned to a four (4) ten (10) hour day work week, may by agreement between the Assistant Chief Engineer Maintenance of Way and Structures and General Chairman, be changed to the first or fourth work day of the work week.

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