AGREEMENT

between the

UNION PACIFIC RAILROAD

and

UNION PACIFIC UNION YARDMASTERS COUNCIL

Governing Wages and Working Conditions of Yardmasters

(EFFECTIVE OCTOBER 1, 1999 ON THE PROPERTIES KNOWN AS MOPAC)

(EFFECTIVE JANUARY 1, 2000 ON ALL OTHER PROPERTIES EXCEPT THE OLD SP)

INDEX

AGREEMENTS PAGE

1975 AGREEMENT…. .…………………………………………………………………….. 1

RULE 1 - SCOPE………………………………………………………………………...…… 2

RULE 2 - HOURS OF SERVICE ………………………………………………….………… 2

RULE 3 - WORK WEEK …………………………………………………………………….. 3

RULE 4 - SENIORITY ………………………………………………………………………. 4

RULE 5 - DISCIPLINE ……………………………………………………………………… 7

RULE 6 - TIME LIMIT ON CLAIMS AND GRIEVANCES …………………………….… 8

RULE 7 - ADVERTISING POSTIONS …………………………………………………….. 9

RULE 8 - FORCE REDUCTION …………………………………………………………….10

RULE 9 - LAYING OFF AND LEAVE OF ABSENCE ……………………….…………… 11

RULE 10 - ATTENDING COURT …………………………………………………………. 11

RULE 11 - REPRESENTATION …………………………………………………………… 11

RULE 12 - VACATIONS …………………………………………………………………… 11

RULE 13 - HOLIDAYS …………………………………………………………………….. 14

RULE 14 - JURY DUTY ……………………………………………………………………. 16

RULE 15 - RATES OF PAY CAN CALCULATION OF RATES ………………………… 17

RULE 16 - NATIONAL AGREEMENTS …………………………………………………... 17

RULE 1 - SCOPE

Revised 1978 Mediation Agreement (See Case No. A-10183)

ARTICLE I - SCOPE AND EMPLOYEES AFFECTED

Existing Scope Rules shall be amended by the addition of the following:

The duties and responsibilities of a Yardmaster include:

(a) Supervision over employees directly engaged in the switching, blocking, classifying and handling of cars, trains and duties directly incidental thereto that are required of the Yardmaster in a territory as designated by the Carrier.

(b) Such other duties as assigned by the Carrier.

* * * * * * * * * * * * * * * * * * * * * * * * * * *

From the 1975 Agreement:

(a) The rules of this agreement are limited in their application to the positions of Assistant Yardmasters, Yardmasters and Assistant General Yardmasters employed at:

St. Louis Atchison McGhee

Little Rock Wichita Alexandria

Monroe Kingsville Kansas City

Harlingen Omaha Brownsville

and shall also apply at other points on the Western and Eastern Districts and Kingsville Division if it is later found necessary to establish a Yardmaster position as defined herein.

(b) The assignment of a General Yardmaster so that he will work a yardmaster trick position will be limited to one (1) General Yardmaster at each of the following points:

McGhee Coffeyville Monroe

Wichita Atchison

(c) The foregoing Paragraph (b) is not intended to limit in any way the number of General Yardmasters or other officers who may be assigned in the yards where this agreement is in effect per Paragraph (a) and imposes no restrictions upon the duties that may be performed by such officers, but they will not work a trick Yardmaster position, thereby causing the abolishment of a Yardmaster position or preventing the establishment of a Yardmaster position.

(d) The term “Yardmaster” as used in the following provisions of this agreement will cover the classes of Assistant General Yardmaster, Yardmaster and Assistant Yardmaster unless otherwise disclosed by the context of the rule.

RULE 2 - HOURS OF SERVICE - Overtime and Assignments

(a) Eight (8) consecutive hours shall constitute a days work unless relieved at the Yardmasters request, in which event actual time worked will be paid for. Time worked in excess of eight (8) hours will be paid for as overtime at a rate of time and one-half on the minute basis. A regularly assigned Yardmaster called to fill a shift or a portion of a shift after he has been relieved from his regular assignment, will be paid a minimum day at a rate of time and one-half. An extra Yardmaster called to fill a shift or a portion of a shift will be paid a minimum day at pro rata rate. Time consumed in making transfer will not be counted as overtime.

(b) Regular assignments shall have a fixed starting time, which shall not be changed without at least forty-eight (48) hours advance notice. Notice will be considered as given upon posting of such notice on bulletin boards. If the starting time of the assignment is changed as much as one (1) hour the Yardmaster regularly assigned may, if he so desires, exercise seniority over junior Yardmasters in accordance with the rules and the position shall be declared vacant and advertised in accordance with the rules.

(c) Where three (3) eight (8) hour assignments of the same classification are worked in continuous service no one of such three assignments shall have a starting time between 12 midnight and 6:00 A.M.

(d) Yardmasters may arrange their meal period of not more than twenty (20) minutes during their tour of duty.

RULE 3 - WORK WEEK

(a) Two (2) regular rest days each week, designated by the Company, shall be assigned to each position. Consistent with requirements of the service, due regard shall be given to the preference of the regular Yardmasters, in seniority order, in fixing the rest days for their positions.

Such assigned rest days shall be the same days each week and shall be consecutive to the fullest extent possible. The Carrier may assign non-consecutive days off to a position whenever consecutive days off would cause or necessitate working a Yardmaster with reasonable regularity in excess of five (5) days per week or, by agreement with the General Chairman, days off may be accumulated over a period not to exceed five (5) consecutive weeks.

(b) Regularly assigned Yardmasters required to perform service on either or both of the rest days assigned to their positions will be paid therefore at rate of time and one-half, except where rest days are being accumulated.

Extra Yardmasters worked as such in excess of five (5) consecutive days shall be paid one and one-half times the basic straight-time rate for work on either or both the sixth or seventh days, except where days off are being accumulated, but shall not have the right to claim work on such sixth or seventh days.

(c) The term “rest days” as used in this agreement means that for a regularly assigned Yardmaster seventh-two (72) hours, and for a regularly assigned relief Yardmaster (who performs five (5) consecutive days Yardmaster service) fifty-six (56) hours, shall elapse between the time he is required to report on the day preceding his rest days and the time he is required to report for duty on the day following his rest days. These definitions of the term “rest days” will not apply in the case of transfers due to Yardmasters exercising seniority.

(d) Where relief requirements regularly consist of five (5) days work per week, relief Yardmaster positions will be established and filled in accordance with the Rule.

Where relief requirements regularly consist of four (4) days work per week, relief Yardmaster positions providing for four (4) days work per week may, by agreement with the General Chairman, be established and filled in accordance with the Rule. Employees assigned to such positions will have preference over extra men for available extra work covered by this agreement to the extent of one (1) day per workweek.

(e) A regularly assigned Yardmaster transferring from one (1) regular position to another regular position assumes the rest days assigned to the latter position and will be paid straight time for days he actually works on such positions between last assigned rest day of former position and first assigned rest day of new position:

EXAMPLE: A Yardmaster transfers from a position having Wednesday and Thursday as rest days to a position having Saturday and Sunday as rest days. First day worked on position to which transferred was Monday. He will be paid on straight time basis from Friday of proceeding week to and including Friday of current week.

(f) Nothing in this agreement shall be construed to require the filling of an assignment on the days off of the regularly assigned Yardmaster where the work can be absorbed by other Yardmasters then on duty.

(g) The days off extra or unassigned Yardmasters need not be consecutive.

(h) Any tour of duty worked by an extra or unassigned Yardmaster in the exercise of his rights in another craft or class will not be considered in any way in connection with the application of the provisions of this agreement.

(i) All existing guarantees shall be reduced to a basis of five (5) days per week. Nothing in this agreement shall be construed to create a guarantee of any number of hours or days of work where none now exists.

(j) Assignments for regular relief positions may on different days include different starting times, duties and work locations for employees in the same seniority district. Where starting time rules do not appear in individual agreements, none is created by this agreement.

RULE 4 - SENIORITY

(a) Seniority of Yardmasters is restricted to the yard or terminal in which employed. St. Louis Terminal Division both on the east and west sides of the river constitute one (1) terminal in the application of this rule subject to the provisions of paragraphs 1, 2 and 3 of Memorandum of Agreement dated March 4, 1969 (See Attachment “A” hereto).

(b) Seniority begins at the time the employees pay starts on the position covered by Rule 1 except as provided in section (c) and (d) of this rule.

(c) The General Yardmaster or other authorized representative of the Carrier shall approve all applicants for positions coming within the scope of this agreement and only such applicants as are thus approved shall establish seniority. This rule is intended to exclude employees who are used as Yardmasters in emergency or because of some unusual circumstances without prior approval of the General Yardmaster when, except for the emergency or unusual circumstances, an approved applicant would have been used.

(d) Where two (2) or more applicants are approved on the same date, their relative seniority rank shall be based upon the length of continuous service with the Company, the employee with the greater period of continuous service to rank ahead of the employee with lesser continuous service. Under this rule, where two (2) or more employees have been approved by the General Yardmaster or other authorized representative of the Carrier on the same date, and a junior employee performs service in advance of senior employee account senior employee not being available, the seniority date thus established by the junior employee shall automatically establish a seniority date for all senior employees whose applications have been approved, and their relative rank on the seniority roster shall be in the order of their continuous service with the Company.

(e) Employees whose applications have been approved per section (c) must serve a test period of forty-five (45) shifts as Yardmaster to demonstrate their fitness and ability. Prior to the completion of forty-five (45) shifts the employees may be disqualified as Yardmaster by written notice to that effect from the General Yardmaster or other authorized representative of the Carrier, in which event all established seniority rights as Yardmaster shall be terminated. After completing forty-five (45) shifts as Yardmaster without prior written notice of disqualification, the employees shall be considered as qualified.

(f) Upon establishing a seniority date, each Yardmaster must thereafter protect any and all extra work for which he may stand or forfeit his seniority subject to the exceptions contained in Rule 4.

(g) A seniority roster showing name, position and seniority date of Yardmasters entitled to seniority date in accordance with this agreement will be maintained for each seniority district and made available to the employees covered by this agreement. Seniority rosters will be brought up to date as of January 1 of each year and a copy of each furnished to the local chairman.

(h) Seniority rosters will, prior to posting, be approved by the local chairman and the superintendent. Seniority dates of Yardmasters as shown on seniority rosters so approved will not be subject to further protest except that rosters will be shown for correction of errors for a period of sixty (60) days from date of posting. Upon presentation of proof of error, correction will be made by agreement between the local chairman and superintendent, and seniority dates established by such agreement will not be subject to further protest.

(i) Yardmasters promoted to official positions with the Union Pacific Railroad Company or any of its subsidiary companies, or elected or appointed to official positions with the Union Pacific Union Yardmasters Council, will during the continuance of their incumbency on such positions retain and accumulate seniority.

(j) In filling vacancies on Yardmaster positions, first choice will be made by calling an available Extra or Unassigned Yardmaster who will otherwise not have five (5) days of work in that work week; in all other instances the senior qualified Yardmaster on his rest day will be called. If the vacancy is not filled in this manner, then the senior available qualified Yardmaster on the roster will be called for such overtime work. An Extra-Unassigned Yardmaster who cannot be reached for a call for service on any shift shall be considered as unavailable for other Extra or Unassigned Yardmaster work for a period of twenty-four (24) hours calculated from the beginning of the shift on which he could not be reached for a call. This shall not, however, prevent the use of such Extra-Unassigned Yardmaster in the event no other Extra-Unassigned Yardmaster or Yardmasters are available for service during such twenty-four (24) hour period. This twenty-four (24) hour penalty is not intended to apply to those men who are not available for service account working in another capacity when their services are needed as a yardmaster, or when they are not available for service under the Hours of Service Law. Extra men will not be considered available for service unless they are fully rested under the Hours of Service Law, but may be used in the aggregate at the discretion of the General Yardmaster or other officer in charge of the yard when services are needed and no extra Yardmaster is available.

(k) A Yardmaster may exercise seniority over a regularly assigned junior Yardmaster when qualified to work the position when:

(1) Starting time of his regular assignment has been changed one (1) hour or more as provided for in Rule 2, paragraph (b).

(2) When his regular assignment has been abolished.

(3) When returning to Yardmaster service after having been filling an official position with the Union Pacific Railroad Company or the Union Pacific Union Yardmasters Council as defined in paragraph (i).

(4) On return to service from vacation, sickness or leave of absence only on those positions advertised during such absence.

(5) When he makes application between the 21^st and 31^st of December of any year to be effective the following January 1^st.

(l) A Yardmaster changing position by exercise of seniority will be permitted to work one (1) day from the extra board if a vacancy exists on that date if this is necessary to avoid additional loss of time in making the move, but he will not be permitted to work more than five (5) consecutive days as Yardmaster.

(m) The Carrier shall not be required to pay punitive time or penalties in the exercise of seniority as provided herein.

RULE 5 - DISCIPLINE

(a) Yardmasters will not be disciplines or dismissed without a fair hearing by a designated officer of the Carrier. Suspension pending hearing, which shall be prompt, will not constitute a violation of this rule, but Yardmasters will not be held out of service for minor offenses pending investigation. When Yardmasters are held from service pending investigation, such investigation shall be started within ten (10 days from date held from service unless otherwise mutually agreed.

(b) Dismissal from service without formal hearing is permissible in the event the Yardmaster refuses or fails to appear at hearing and makes no effort to secure postponement.

(c) Carrier shall be under no obligation to give a Yardmaster a formal hearing where the Yardmasters relationship is terminated by the operation of any of the provisions of the agreement. Neither will he be given a formal hearing under this agreement if he is dismissed from service for an occurrence while working on a position not covered by this agreement.

(d) At a reasonable time prior to the investigation the Yardmaster shall be advised of the specific matter to be investigated and the time, date and place set for the investigation. The Yardmaster shall have a reasonable opportunity by this notice to secure the presence of necessary witnesses and a representative if he so desires. If the Yardmaster desires a representative at the hearing, a duly accredited representative of the Union Pacific Union Yardmasters Council shall represent him. If the Yardmaster does not desire a representative of the Union Pacific Union Yardmasters Council to represent him, the Yardmaster may act as his own representative and will be permitted to examine the witnesses but this will not preclude a representative of the Union Pacific Union Yardmasters Council from being present at the investigation. Investigations may be postponed by mutual consent. The party desiring the postponement shall make timely request on the other party.

(e) In cases where discipline is applied, the Yardmaster will be advised thereof in writing within ten (10) days from the date the investigation is completed. In cases where discipline is applied, transcript of the investigation record will be furnished to the employee and his representative upon request.

(f) If it is found that the charges against the Yardmaster are not sustained, the record of the Yardmaster shall be cleared of the discipline. If suspended or dismissed, the employee shall be reinstated to his former position unless otherwise mutually agreed and shall be compensated for the wage loss if any is suffered by him.

It recognized that where a Yardmaster is dismissed from service for cause and subsequently it is found that such discipline was unwarranted and the employee is restored to service with pay for time lost, it is proper that any earnings in other employment will be used to offset the loss of earnings. This understanding is not intended to change existing rules or practices, which now provide for deduction of other earnings in discipline cases.

(g) The right of appeal either by the Yardmaster himself or by the duly accredited officer of the Union Pacific Union Yardmasters Council in his behalf is recognized, but such appeal or appeals in regular order of succession must be handled in accordance with the provisions of Rule 6 “Time Limit on Claims and Grievances”.

(h) Nothing herein shall abridge the right of the Carrier to reinstate with original seniority status a Yardmaster who may have been dismissed for reason other than prescribed in the Union Shop Agreement dated January 12, 1953. No employee will be reinstated under the paragraph (h) who has been out of service for more than one (1) year without the concurrence of the General Chairman.

RULE 6 - TIME LIMIT ON CLAIMS AND GRIEVANCES

(a) All claims or grievances must be presented in writing by or on behalf of the employee involved, to the officer of the Carrier authorized to receive same, within sixty (60) calendar days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance is disallowed, the Carrier shall, within sixty (60) calendar days from the date it is filed, notify the employee or his representative of the reasons for such disallowance. If not so notified, the claim or grievance shall be considered valid and settled accordingly, but this shall not be considered as a precedent or waiver of the contentions of the Carrier as to other similar claims or grievances.

(b) If a disallowed claim or grievance is to be appealed, such appeal must be taken within sixty (60) calendar from receipt notice of disallowance, and the representative of the Carrier shall be notified within that time of the rejection of his decision. Failing to comply with this provision, the matter shall be considered closed, but this shall not be considered as a precedent or waiver of the contentions of the employees as to other similar claims or grievances. It is understood, however, that the parties may, by agreement, at any stage of the handling of a claim or grievance on the property, extend the sixty (60) calendar day period for either a decision or appeal, up to and including the chief officer of the Carrier designated for that purpose.

(c) The procedure outlined in paragraphs (a) and (b) pertaining to appeal by the employee and decision by the Carrier, shall govern in appeals taken to each succeeding officer except in cases of appeal from the decision of the highest operating officer designated by the Carrier to handle such disputes. All claims or grievances involved in a decision by the highest officer shall be barred, unless within six (6) months from the date of said officers decision proceedings are instituted by the employee or his duly authorized representative before the appropriate division of the National Railroad Adjustment Board or a system, group or regional board of adjustment that has been agreed to by the parties hereto as provided in Section 3 Second of the Railway Labor act. It is understood, however, that the parties may by agreement in any particular case extend the six (6) months period herein referred to.

(d) A claim may be filed at any time for an alleged continuing violation of any agreement and all rights of the claimant or claimants involved thereby shall, under this rule, be fully protected by the filing of one (1) claim or grievance based thereon as long as such alleged violation is found to be such, continues. However, no monetary claim shall be allowed retroactively for more than sixty (60) calendar days prior to the filing thereof. With respect to claims and grievances involving an employee held out of service in discipline cases, the original notice of request for reinstatement with pay for time lost shall be sufficient.

(e) This rule recognizes the right of representatives of the Organization, party hereto, to file and prosecute claims and grievances for and on behalf of the employees they represent

(f) This rule shall not apply to request for leniency.

RULE 7 - ADVERTISING POSITIONS

(a) When permanent vacancies occur or new positions are established, they shall be advertised in places accessible to all Yardmasters holding seniority in the yard or terminal where the vacancy exists for a period of forty-eight (48) hours. The senior qualified regularly assigned Yardmaster applying for the position within the forty-eight (48) hours of posting will be assigned. If there is no bid received from a qualified regularly assigned Yardmaster, the senior qualified Unassigned Yardmaster will be assigned, and his failure to accept the position will result in forfeiture of his seniority as Yardmaster. The title, rate of pay, starting time, and regular relief day will be shown on the advertisement. If it is a relief position, the title, rate of pay, and starting time will be shown for each position on which relief will be afforded and the relief day of the relief position advertised will also be shown. The Yardmaster assigned will be advised within twenty-four (24) hours after closing of the bids.

(b) Temporary vacancies of five (5) days or more will be filled temporarily by the senior qualified Yardmaster applying for same who will take all of the conditions of the position without expense to the Carrier and when relieved by the regular man returning or assigned in the event the position is advertised as a permanent vacancy the Yardmaster exercising his seniority to the temporary vacancy will return to his last former position unless he has been displaced by a senior man through exercise of seniority.

RULE 8 - FORCE REDUCTION

(a) In the event a Carrier decides to abolish a Yardmaster position covered by the rules of a collective agreement between the Union Pacific Union Yardmasters Council and a Carrier party hereto, such Carrier shall notify the General Chairman thereof by telephone (confirmed in writing) or telegram not less than ten (10) calendar days prior to the effective date of abolishment. If requested by the General Chairman, the representative of the Carrier and the General Chairman or his representative shall meet for the purpose of discussing such abolishment.

Nothing in this Agreement shall affect existing rights of either part in connection with abolishing Yardmaster positions.

(b) Rules, agreements or practices, however established, that require advance notice to employees before abolishing positions or making force reductions are hereby modified to eliminate any requirement for such notices under emergency conditions, such as flood, snow storm, hurricane, tornado, earthquake, fire or labor dispute other than as covered by paragraph (b) below, provided that such conditions result in suspension of a Carriers operations in whole or in part. It is understood and agreed that such force reductions will be confined solely to those work locations directly affected by any suspension of operations. It is further understood and agreed that notwithstanding the foregoing, any employee who is affected by an emergency force reduction and reports for work for his position without having been previously notified not to report, shall receive four (4) hours pay at the applicable rate for his position. If an employee works any portion of the day, he will be paid in accordance with existing rules.

(c) Rules, agreements or practices, however established, that require advance notice before positions are abolished or forces reduced are hereby modified so as not to require advance notice where a suspension of a Carriers operations in whole or in part is due to a labor dispute between said Carrier and any of its employees.

RULE 9 - LAYING OFF AND LEAVE OF ABSENCE

(a) When Yardmasters are permitted to lay off, they must not be absent in excess of thirty (30) days except in case of sickness or injury without having formal leave in writing granted in accordance with the provisions of this agreement.

(b) Leave of absence in excess of ninety (90) days in any twelve (12) month period shall not be granted except by agreement between the Superintendent and the General Chairmen.

(c) When formal leave is granted while a Yardmaster is laying off, the beginning date of the formal leave must date back to the date the Yardmaster laid off.

(d) No Yardmaster will be granted a leave of absence or be permitted to lay off for the purpose of engaging in outside employment or business without first securing formal leave from the Superintendent, but such leave will not be granted until the Superintendent is furnished with a letter over the signature of the General Chairman that the Union Pacific Union Yardmasters Council approve the leave.

(e) Yardmasters who are granted formal leave of absence and who do not report at the termination of their leave will lose their seniority except in case such Yardmaster is able to furnish satisfactory evidence that he was unavoidably delayed.

RULE 10 - ATTENDING COURT

Yardmasters attending court or coroners inquest upon the request of the Carrier will be furnished transportation and paid for time lost and in addition actual living expenses when away from headquarters.

RULE 11 - REPRESENTATION

Where the term “duly accredited representative” appears in this agreement, it shall be understood to mean the regularly constituted committee and/or the officers of the Union Pacific Union Yardmasters Council.

The Union Pacific Union Yardmasters Council will represent Yardmasters covered by this agreement in the negotiating, interpreting and applying of agreements governing the rate of pay, hours of service and working conditions of such employees, so long as they represent them under the provisions of the amended Railway Labor Act.

RULE 12 - VACATIONS

Revised: 1982 Mediation Agreement (See Case A-10809)

ARTICLE III - VACATIONS

Effective January 1, 1982, Section 1 of the Vacation Agreement contained in Article II of the Agreement of January 29, 1965 is further amended by substituting the following sections for the corresponding sections contained in Article III of the Agreement of October 31, 1978:

On carriers where Agreement “A”, dated November 2, 1950, as amended, or its equivalent is in effect:

Section 1 (a) (2)

An annual vacation of three (3) weeks (15 working days) with pay will be granted, subject to the conditions set forth in Section 2, to each Yardmaster who rendered compensated service as yardmaster on not less than one hundred (100) days during the preceding calendar year and who at the beginning of the vacation year has eight (8) or more years of continuous service with the employing Carrier.

Section 1 (a) (3)

An annual vacation of four (4) weeks (20 working days) with pay will be granted, subject to the conditions set forth in Section 2, to each Yardmaster who rendered compensated service as yardmaster on not less than one hundred (100) days during the preceding calendar year and who at the beginning of the vacation year has seventeen (17) or more years of continuous service with the employing Carrier.

On carriers where Agreement “A”, dated November 2, 1950, as amended, or its equivalent is not in effect:

Section 1 (b) (2)

An annual vacation of three (3) weeks (18 working days) with pay will be granted, subject to the conditions set forth in Section 2, to each Yardmaster who rendered compensated service as yardmaster on not less than one hundred twenty (120) days during the preceding calendar year and who at the beginning of the vacation year has eight (8) or more years of continuous service with the employing Carrier.

Section 1 (b) (3)

An annual vacation of four (4) weeks (24 working days) with pay will be granted, subject to the conditions set forth in Section 2, to each yardmaster who rendered compensated service as yardmaster on not less than one hundred twenty (120) days during the preceding calendar year and who at the beginning of the vacation year has seventeen (17) or more years of continuous service with the employing Carrier.

RULE 12 - Personal Leave Days

A maximum of two (2) days of personal leave will be provided on the following basis:

Section 1

(a) Employees who have met the qualifying requirements under vacation rules in effect on January 1, 1982 for three (3) weeks of vacation shall be entitled to one (1) day of personal leave in 1982 and subsequent calendar years.

(b) Employees who have met the qualifying requirements under vacation rules in effect on January 1, 1982 for four (4) weeks or more of vacation shall be entitled to two (2) days of personal leave in 1982 and subsequent calendar years.

Section 2

(a) Personal leave days provided in Section 1 may be taken upon forty-eight (48) hours advance notice from the employee to the proper Carrier officer provided, however, such days may be taken only when consistent with the requirements of the Carriers service. It is not intended that this condition prevent an eligible employee from receiving personal leave days except where the request for leave is so late in a calendar year that service requirements prevent the employees’ utilization of any personal leave days before the end of that year.

(b) Personal leave days will be paid for at the regular rate of the employees’ position or the protected rate, whichever is higher.

(c) The personal leave days provided in Section 1 shall be forfeited if not taken during each calendar year. Any restrictions against blanking jobs or realigning forces will not be applicable when an employee is absent under these provisions.

Section 3

This Article shall become effective thirty (30) days after the date of this Agreement except on such Carriers where the Organization representative may elect to preserve existing local rules or practices pertaining to personal leave days and so notifies the authorized Carrier representative on or before such effective date. Where such election is not exercised, any existing local rules or practices pertaining to personal leave days are eliminated.

The following is excerpted from Letter of Understanding No. 9 which is attached to the 1987 National Agreement:

“During the negotiations of the Agreement of this date we discussed situations where personal leave days are taken either immediately preceding or following a holiday occurring during a vacation period or on a rest day.

This confirms our understanding that the work day immediately preceding or following a personal leave day in cases where the holiday occurs during a rest day or during the vacation period are considered as the qualifying days for holiday purposes.”

ARTICLE IV - HOLIDAYS

Effective January 1, 1983, the national holiday rule, as amended, insofar as applicable to the employees covered by this Agreement, is hereby further amended in the following respects:

(a) Add the day after Thanksgiving Day and substitute New Years Eve (the day before New Years Day is observed) for Veterans Day.

(b) The holiday pay qualifications for Christmas Eve - Christmas shall also be applicable to the Thanksgiving Day - day after Thanksgiving Day and the New Years Eve - New Years Day holidays.

Vacations with pay will be granted to Yardmasters pursuant to the terms and provisions of the following National Vacation Agreements: August 12, 1954, September 27, 1961, January 9, 1965, November 29, 1967 and April 23, 1971:

(a) An annual vacation of three (3) weeks (15 working days) with pay will be granted, subject to the conditions set forth in Section 2, to each Yardmaster who rendered compensated service as Yardmaster on not less than one hundred ten (110) days during the preceding Calendar year.

Revised

(b) An annual vacation of three (3) weeks (15 working days) with pay will be granted, subject to the conditions set forth in Section 2, to each Yardmaster who rendered compensated service as Yardmaster on not less than one hundred (100) days during the preceding calendar year and who at the beginning of the vacation year has eight (8) or more years of continuous service with the employing Carrier.

(c) An annual vacation of four (4) weeks (20 working days) with pay will be granted, subject to the conditions set forth in Section 2, to each Yardmaster who rendered compensated service as Yardmaster on not less than one hundred (100) days during the preceding calendar year and who at the beginning of the vacation year has seventeen (17) or more years of continuous service with the employing Carrier.

(d) An annual vacation of five (5) weeks (25 working days) with pay will be granted, subject to the conditions set forth in Section 2, to each Yardmaster who rendered compensated service as Yardmaster on not less than one hundred (100) days during the preceding calendar year and who at the beginning of the vacation year has twenty-five (25) or more years of continuous service with the employing Carrier.

(e) Calendar days in each current qualifying year on which a Yardmaster renders no service as such because of his own sickness or because of his own injury shall be included in computing days of compensated service for vacation qualification purposes on the basis of a maximum of ten (10) such days for a Yardmaster with less than three (3) years of continuous service with the employing Carrier, a maximum of twenty (20) such days for a Yardmaster with three (3) but less than fifteen (15) years of continuous service with the employing Carrier and thirty (30) such days for a Yardmaster with fifteen (15) or more years of continuous service with the employing Carrier, provided that no calendar day on which a Yardmaster was credited with any compensation under sick leave rules or practices shall be included under this Paragraph (e). The maximum number of such days that may be claimed by any individual in any calendar year under this and other schedule agreements shall not exceed a total of ten (10), twenty (20) or thirty (30) days, respectively.

(f) 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.

(g) 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 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 Paragraphs (a), (b), (c) or (d) above.

(h) 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 Paragraphs (a), (b), (c) or (d) above.

NOTE: A shift, which extends from one (1) calendar day into another, shall be counted as one (1) day in computing the number of qualifying days referred to above.

(i) Local officers of the Carrier and local committees of the Organization will cooperate in assigning vacation dates, giving due regard to business conditions, availability of a relief employee and to the desires and preferences of the Yardmasters in seniority order.

(j) When vacations are afforded

(i) A Yardmaster having a regular assignment will be paid for each working day of his vacation the daily compensation (excluding casual or unassigned overtime) of such assignment.

(ii) A Yardmaster not having a regular assignment will be paid while on vacation on basis of the average straight-time compensation earned as a Yardmaster in the last payroll period preceding the vacation during which he performed service for the number of vacation days to which entitled.

(k) If a vacation is not afforded, payment in lieu thereof will be made no later than the first payroll period in January of the following year, computed on the following basis:

(i) A Yardmaster having a regular assignment will be paid in lieu of vacation the daily compensation (excluding casual or unassigned overtime) of such assignment for the number of vacation days to which entitled.

(ii) A Yardmaster not having a regular assignment will be paid in lieu of vacation on basis of the average straight-time compensation earned as a Yardmaster in the last payroll period during which he performed service preceding the close of the vacation year for the number of vacation days to which entitled.

(l) A Yardmaster who performs service as Yardmaster on any day of his assigned Yardmaster vacation period will be paid for such service at time and one-half rather than straight time in addition to vacation pay provided in Paragraph (j).

(m) Vacations, or allowances therefore, under two (2) or more schedules held by different organizations on the same Carrier shall not be applied to create a vacation, or allowance therefore, of more than the maximum number of days provided for in either of such schedules.

(n) The vacation provided for in this Agreement shall be considered to have been earned when the Yardmaster has qualified under Paragraph (a), (b), (c) or (d) hereof. If his employment status is terminated for any reason whatsoever including but not limited to retirement, resignation, discharge, non-compliance 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/she 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 Yardmaster has qualified therefore under Rule 12. If a Yardmaster 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.

(o) Vacations shall not be accumulated or carried over from one vacation year to another.

RULE 13 - HOLIDAYS

Revised

(a) Yardmasters shall be paid at the rate of time and one-half for working on any of the following enumerated holidays, in addition to their regular pay:

New Years Day Labor Day

Presidents day Thanksgiving Day

Good Friday Day after Thanksgiving

Memorial Day Christmas Day

Fourth of July Christmas Eve (the day before Christmas)

New Years Eve (the day before New Years Day)

NOTE: This rule does not disturb agreements or practices now in effect, under which any other day is substituted or observed in place of any of the above-numerated holidays.

(b) If an employees birthday falls on one (1) of the seven (7) holidays named above, he may, by giving reasonable notice to his supervisor, have the following day or the day immediately preceding the first day during which he is not scheduled to work following such holiday considered as his birthday for the purposes of this Section.

(c) Under no circumstances will a Yardmaster be allowed more than one time and one-half payment for service performed by him on any day, whether it is a workday, a rest day, or a vacation day, which also is a holiday. It is understood that this provision will not modify or cancel any existing rules, which provide for payment at the rate of time and one-half for service over eight (8) hours.

(d) In instances when a recognized holiday, or the day such holiday is observed by the State or Nation, falls on an assigned work day of a regular Yardmaster assignment, the Carrier shall have the right to blank such position on that day and the Yardmaster then holding such assignment shall be paid for that day on the basis of his regular straight time rate of pay, provided he does not render other compensated service for the railroad during the hours of such Yardmaster assignment. If any work of such position is performed by other than the incumbent on the shift on which it is blanked, it shall be performed in accordance with existing schedule rules.

(e) When any of the holidays enumerated in Paragraph (a), hereof falls on a rest day of a regularly assigned Yardmaster, he shall receive, in addition to his regular pay, one (1) days pay at the straight time rate of his regular position, provided he fills his regular position on the last workday immediately preceding and on the first workday immediately following the holiday falling on a rest day. A regularly assigned relief Yardmaster who qualifies for pay for a holiday falling on a rest day in accordance with the foregoing shall be paid at the straight time rate of the position he filled on the last workday immediately preceding the holiday falling on a rest day. In addition to the one (1) days pay at the straight time rate for the rest day holiday herein provided, if a regular Yardmaster works as a Yardmaster on his rest day he shall be entitled to one time and one-half payment for service performed by him pursuant to Paragraph (c) hereof.

(f) When any of the holidays enumerated in Paragraph (a) hereof falls during a regularly assigned Yardmasters vacation period, he shall receive, in addition to his regular pay, one (1) days pay at the straight time rate of his regular position, provided he fills his regular position on the last workday immediately preceding and on the first workday immediately following his vacation period. A regularly assigned relief Yardmaster who qualifies for pay for a holiday falling during his vacation period in accordance with the foregoing shall be paid at the straight time rate of the position he filled on the last workday immediately preceding his vacation period.

(g) The rest day holiday and vacation holiday pay provided herein shall not apply to extra Yardmasters, or to regularly assigned Yardmasters who may be eligible for holiday pay falling on a rest day or during a vacation period pursuant to other schedule agreements.

RULE 14 - JURY DUTY

When a regularly assigned Yardmaster is summoned for jury duty and is required to lose time from his assignment as a result thereof, he shall be paid for actual time lost with a maximum of a basic days pay at the straight time rate of his position for each day lost less the amount allowed him for jury service for each such day, excepting allowances paid by the court for meals, lodging or transportation, subject to the following qualification requirements and limitations:

(1) A Yardmaster must exercise any right to secure exemption from the summons and/or jury service under federal, state or municipal statute and will be excused from duty when necessary without loss of pay to apply for the exemption.

(2) A Yardmaster must furnish the Carrier with a statement from the court of jury allowances paid and the days on which jury duty was performed.

(3) The number of days for which jury duty pay shall be paid is limited to a maximum of sixty (60) days in any calendar year.

(4) No jury duty pay will be allowed for any day as to which the employee is entitled to vacation or holiday pay.

(5) When a Yardmaster is excused from railroad service account of jury duty the Carrier shall have the option of determining whether or not the Yardmasters regular position shall be blanked, notwithstanding the provisions of any other rules.

This rule shall become effective January 1, 1973, except that existing rules on individual properties may be retained by the Organization in lieu of this rule by the General Chairman or General Chairman giving written notice to the Carrier or Carriers involved at any time within ninety (90) days after the date of this Agreement.

RULE 15 - RATES OF PAY AND CALCULATION OF RATES