ARTICLE X - PERSONAL LEAVE
Section 1. Road Freight Service Allotment. On
the effective date of this Agreement, all train service
employes in road freight service not covered by the National
Paid Holiday Rules will be entitled to personal leave days
on the following graduated basis:
YEARS OF SERVICE PERSONAL LEAVE DAYS
Less than five (5) years 2 days
5 years and less than 10 years 4 days
10 years and less than 15 years 6 days
15 years and less than 20 years 8 days
20 years and more 11 days
Personal leave days may be taken one or more, at
any time upon written notice given 2 hours prior to calling
time to an appropriate Carrier officer or his designated
representative. The employe will be paid one basic day at
the rate of the last service performed for each personal
leave day.
Personal leave days will be awarded on a fiscal
year basis rather than a calendar year basis. The effective
date of this Agreement, August 1, 1984, shall be the first
day of the fiscal year and July 31, 1985 shall be the last
day of the fiscal year and each succeeding fiscal year shall
be August 1 through July 31.
Section 2. An employe off account personal leave
days will advise Carrier when ready to return to duty.
However, any employe who is absent 31 consecutive days or
more, excluding vacation period and personal leave, must be
protected by an authorized leave of absence.
Time off by an employe at the expiration of per-
sonal leave days shall not be treated the same as personal
leave days in filling such vacancy or vacancies.
Section 3. Blanked Vacancy. When a member of a
standard crew is on personal leave day, if the position is
not a must-fill position, the assignment may be operated
with a reduced crew. The remaining two crew members will be
required to work and receive the special allowance and the
productivity fund will be credited.
A personal leave vacancy will be considered as
blanked, unless it is a must-fill position.
Section 4. Non-Covered Service. An employe who
exercises seniority from passenger or yard service to road
freight service and qualifies for personal leave, shall be
entitled to one or more personal leave days after performing
a tour of duty in road freight service.
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Section 5. Holiday Offset. The number of
personal leave days in any calendar year each road freight
service employe is entitled to shall be reduced by the
number of paid holidays received.
Section 6. Personal leave days will be counted as
qualifying days for vacation purposes.
Section 7. Granting Personal Leave. The number
of employes permitted to be off on personal leave will
recognize the requirements of the service and their senior-
ity, assuring that must-fill positions will be filled either
from available extra employes or from the source of employes
on blankable positions. If the personal leave vacancy
involves a must-fill position, such vacancy will be filled
as provided in this Agreement.
Section 8. Carry-Over. Where the requirements of
the service do not permit the taking of personal leave days
in accordance with a request, the appropriate Carrier
representative will refuse in writing to grant the request.
The number of personal leave days so requested and not
granted may be carried over, but must be requested in
writing and granted prior to February 1 of the following
year. In lieu of carrying the requested personal leave days
over to the next fiscal year, an employe may make further
requests to take such personal leave days in the first year.
The following questions and answers apply to this
entire Article X:
Q-l: In the year 1984, an employe with a
seniority date of November 28 J 1969 will
have fifteen years seniority. Will the
employe be eligible for eight days
personal leave in 1984?
A-l: Yes.
Q-2: In reference to the above, if the employe
took one or more personal leave days
prior to Novenber 28, 1984 (anniversary
date) then would the employe be eligible
for only six days in 1984?
A-2: No, except that two additional days could
not be taken until after November 28,
1984.
Q-3: An employe has twenty-three years of
service which includes five years in a
craft other than trainman. Does this
make the employe eligible for eleven
personal leave days?
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A-3: No, the years of service must be in the
craft of conductor, brakeman/yardman.
Q-4: An employe has five years of service as
of July 28, 1985, and is entitled to four
personal leave days, but there are only
three days remaining in the fiscal year.
After taking three personal leave days,
may he then carry the fourth day over
into the next fiscal year?
A-4: No.
Q-5: An employe who will have five years of
service on September 1, 1984 takes two
personal leave days prior to that date.
Is he entitled to an additional two
personal leave days after September 1,
1984?
A-5: Yes.
Q-6: If an employe on a job that qualifies for
holiday pay fails to qualify on one of
the holidays, does this reduce his
personal leave days?
A-6: No.
Example: A 20-year employe is on an
assignment qualifying for holiday pay.
While the employe was on the assignment
there were four holidays. The employe
earned two paid holidays and failed to
qualify for two paid holidays. He then
takes a job that does not qualify for
holiday pay. How many personal leave
days is the employe entitled to?
He would be entitled to 9 personal leave
days but would not be entitled to more
than 11 personal leave/holidays through a
combination of the two.
Q-7: What is the maximum number of personal
leave days/paid holidays which an employe
may receive in a fiscal year?
A-7: In no event may an employe accrue more
than eleven days personal leave and/or
holiday pay.
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Exanple 1: An employe, with more than
five years and less than ten years of
service is on an assignment qualifying
for holiday pay and earns six paid
holidays. Should he take a job that does
not qualify for holiday pay, he would be
entitled to four personal leave days.
Example 2: An employe with more than
five years and less than ten years of
service is on an assignment qualifying
for holiday pay and earns seven paid
holidays. Should he take a job that does
not qualify for holiday pay, he would be
entitled to four personal leave days.
Example 3: An employe with twenty years
cdE service is on an assignment not
qualifying for holiday pay and takes 11
personal leave days. Should he take a
job that qualifies for holiday pay, he
would not be entitled to holiday pay.
Example 4: An employe with twenty years
oiF service is on an assignment not
qualifying for holiday pay and takes six
personal leave days. Should he take a
job that qualifies for holiday pay, he
would be eligible for five holiday pay
opportunities.
Q-8: A qualifying road man is denied five (5)
personal leave days while occupying an
assignment not covered by the National
Holiday Rules. In subsequent months of
that fiscal year, the employe is forced
to move or exercises seniority to an
assignment covered by the National
Holiday Rules and remains in that service.
May this employe carry over the personal
leave days previously denied him to the
following fiscal year?
A-8: Yes, such personal leave days may be
carried over subject to adjustment for
the holidays credited to the employe in
that year and to the limitation set forth
in Q-4 and A-4 of this ARTICLE X.
Q-9: If personal leave days are carried over
into the following fiscal year and the
employe requests in writing the personal
leave days prior to January 1 of the
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following fiscal year,as provided in
Section 8, is it mandatory that his
request be granted?
A-9: Yes.
Q-10: If an enploye carries over personal leave
days as provided in Section 8, will such
employe be permitted to take his personal
leave days even though he is holding, at
the time, an assignment qualifying for
holiday pay?
A-10: No, so long as the employe is holding an
assignment qualifying for holiday pay,
such employe will not be permitted to
take carry-over personal leave days.
However, should the employe be unable to
exercise seniority to return to an
assignment not qualifying for holiday pay
prior to the carry-over deadline date,
the Carrier shall compensate the employe
for the unused personal leave days in
accordance with the terms of this agree-
ment. Should the employe elect not to
exercise seniority to an assignment not
qualifying for holiday pay prior to the
carry-over deadline date, the employe
shall forfeit the carry-over personal
leave days.
Q-ll: Personal leave is granted to an employe
holding a blankable assignment in freight
service. Prior to his assignment being
called the employe is displaced by a
senior employe, may the assignment still
be blanked?
A-ll: If the employe making the displacement is
rested and available he would be permitted
to work and the position would not be
^ blanked and the employe granted the
personal leave would be permitted to take
the entire personal leave that was
requested and granted. However, if the
displacement is made after the assignment
of the employe granted personal leave is
called, the one trip or tour of duty may
be blanked.
Q-12: A trainman holding a regular position in
through freight service requests four
personal leave days. The employe's
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regLilar turn is called ^or 11:00 p.m. on
the 1st. When do the personal leave days
start?
A-12: 12:01 a.m., the 1st.
Q-13: In reference to the above, the employe's
regular assignment is again called on
duty at 8:00 p.m. on the 4th. Does this
mean the employe cannot return to work on
regular assignment because personal leave
days are not up until 12:00 Midnight on
the 4th?
A-13: Yes.
Q-14: May an employe request four personal
leave days and after two days are taken,
request to go back to work and be charged
with only two personal leave days?
A-14: No, once personal leave days are granted,
they cannot be cancelled by either the
employe or the Carrier.
Q-15: Is an employe who starts personal leave
"off" until reports?
A-15: Yes, see Section 2 of Article X.
Q-16: Mould an employe have to obtain a leave
of absence if he laid off 15 days, took 7
days personal leave days, 7 days vacation,
laid off 15 days, vacation 7 days then
laid off an additional 30 days?
A-16: No.
Q-17: Are the personal leave day or days
intended to commence on a day when the
employe would otherwise stand to work?
A-17: Yes.
Q-18: May an extra board employe designate
personal leave day or days desired and
the first day on which he otherwise would
have worked or deadheaded be the first
day charged for commencement of his
personal leave?
A-18: Yes.
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Q-19: In reference to extra, board employes
taking personal leave from filling an
outside vacancy, where the deadhead trip
is taken as a personal leave day, how
will compensable deadhead payments apply?
A-19: If the enploye is required by Schedule
Rules to report to the outside point upon
return from personal leave, the enploye
will not be entitled to deadhead pay for
that trip. However, the returning
deadhead will be governed by applicable
schedule rules.
Q-20: A yardmaster forfeits his yardmaster's
seniority and exercises his brakeman/
yardman seniority into train service.
What would be his entitlement to personal
leave days?
A-20: If the employe goes directly into road
service, he shall have the number of
personal leave days to which entitled
according to his seniority. If the
enploye goes first to yard service and
then to road service, the number of
personal leave days shall be reduced by
the number of paid holidays received.
0-21: In reference to the above, would the same
conditions apply to an officer of the
Company who relinquishes his officer
position and exercises his retained UTU
trainman's seniority, an enploye exercis-
ing retained UTU trainman's seniority
returning after an extended leave of
absence or an enploye exercising UTU
trainmen's seniority in accordance with
Section 3 of Article VIII of the August
25, 1978 UTU National Agreement?
A-21: Yes.
Q-22: If an enploye holding a regular assign-
ment working Monday through Friday with
designated rest days of Saturday and
Sunday, requests four (4) personal leave
days commencing with Friday, would the
four (4) personal leave days granted
include the enploye's Saturday and Sunday
rest days?
A-22: Yes, they must be taken consecutively.
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Q-23: May two or more members ,of the same crew
be granted personal leave at one time?
A-23: Yes, however, requirements of service and
seniority will prevail.
Q-24: While on personal leave, may an employe
be granted an extension?
A-24: Yes, provided request is made prior to
the expiration of existing leave.
Q-25: A personal leave vacancy is a blanked
vacancy. Does this mean such vacancy is
not to be filled?
A-25: The vacancy need not be filled unless it
is a must-fill vacancy.
Q-26: When protected men are on furlough, must
personal leave vacancies be filled?
A-26: No, unless it is a must-fill vacancy.
Q-27: On what basis will the employe taking
personal leave be compensated?
A-27: The employe taking personal leave will be
paid one basic day's pay at the rate of
the last service performed for each
personal leave day taken.
Q-28: Does the car increment rate apply when an
employe is being paid a basic day for
personal leave if the last service was
through freight at the 126-car rate?
A-28: No, payment will be made at the basic
rate of the last service performed for
each personal leave day or days.
Q-29: How will the initial vacancy or subse-
quent vacancies created by the extra
board/ combination extra board employe's
personal leave be treated?
A-29: The initial vacancy for which such
employe stood may be blanked for the
personal leave vacancy if same meets the
necessary criteria. The employe at the
conclusion of his personal leave days and
upon proper notice to the Carrier, will
be placed at the bottom of the extra
board.
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Q-30: If an employe, regular,or extra, is on
personal leave when assigned to a bul-
letined vacancy, may the position to
which assigned be blanked?
A-30: Yes, provided the vacancy to which
assigned is blankable. However, the
Company may blank assignments only on a
one-for-one basis.
Q-31: An employe holding regular assignment in
local freight service requests and is
granted three days personal leave. His
assignment operates A to B the first day,
B to A the second day, and A to B the
third day. The employe's personal leave
expires after the third day while his
assignment is at the far terminal which
does not return until the fourth day.
How will the employe be treated for
markup on his regular assignment?
A-31: The employe's return to service will be
in accordance with Section 2 of Article X
(See Article X, Q/A-15) and Rule 46 of
the current Agreement (May 1, 1983).
Q-32: Will the vacancy of a regularly assigned
brakeman who is stepped-up or used off
his blankable position as brakeman to
fill the vacancy of a conductor i/Aio is
taking personal leave be filled?
A-32: Yes, provided there are protected train-
men available to fill the vacancy.
Q-33: Hew will a train service employe (regular
or extra) in road freight service, not
covered by the National Paid Holiday
Rules, qualify for entitlement of
personal leave days upon entering such
service f ran any other class of service?
A-33: All train service employes in road
freight service not covered by the
National Paid Holiday Rules will qualify
for their entitlement of personal leave
days as follows:
(a) A road service employe (assigned or
Pool Freight) must make one trip or
perform one tour of duty to establish
qualification for his personal leave
days.
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(b) A road extra board or combination
extra board employe must make one trip or
perform one tour of duty in any class of
service protected by his respective board
to establish qualification for his
personal leave days.
Q-34: If a passenger service employe, where no
holiday pay applies, goes into freight
service where the personal leave days
apply, is he eligible for such days when
in freight service?
A-34: Yes, subject to the one tour of duty
requirement set forth in 0-33 and A-33.
Q-35: Would an employe in yard service or road
service covered by Holiday Pay Rules be
entitled to personal leave days?
A-35: No, as long as such employe remains in
yard service or on a road assignment
qualifying for holiday pay.
Q-36: An employe takes personal leave days
(either all or part of his entitlement)
and then returns to yard service. For
how many paid holiday days is he eligible?
A-36: The employe is eligible for that number
of paid holiday days which, when combined
with his personal leave days taken, will
not exceed a total of 11.
Q-37: An employe takes 11 personal leave days,
returns to yard service and his assignment
does not work on a holiday. Is he
entitled to any compensation for not
working the holiday?
A-37: No.
Q-38: Are personal leave days inflated for
vacation purposes?
A-38: Yes.
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