Common use of ANNUAL VACATION WITH PAY Clause in Contracts

ANNUAL VACATION WITH PAY. (a) An employee who at the beginning of the calendar year is not qualified for vacation under Xxxxxx (b) Subject to the provisions of clause (c) hereof, an employee who at the beginning of the calendar year, has maintained a continuous employment relationship for at least 3 years and who has rendered compensated service in 30 calendar months calculated from the date of entering service, shall have his/her vacation scheduled on the basis of one calendar day's vacation for each 17 days worked and/or available for service, or major portion of such days, during the preceding calendar year, with a maximum of three weeks. Compensation for such vacation will be 6% of the gross wage of the employee during the preceding calendar year. This basis applies during subsequent years until qualifying for further vacation under Xxxxxx (d) of this Article 54.1 (c) An employee covered by Xxxxxx (b) hereof, will be entitled to vacation on the basis outlined therein if on his/her fourth or subsequent service anniversary date he/she has rendered compensated service in 40 calendar months; otherwise his/her vacation entitlement will be calculated as set out in Clause (a) hereof. Any vacation granted for which the employee does not subsequently qualify will be deducted from the employee's vacation entitlement in the next calendar year. If such employee's employment relationship with the Company is terminated for any reason prior to his/her next vacation, the adjustment will be made at time of leaving. (d) Subject to the provisions of Clause (e) hereof, an employee who, at the beginning of the calendar year, has maintained a continuous employment relationship for at least 7 years and who has rendered compensated service in 70 calendar months calculated from the date of entering service, shall have his/her vacation scheduled on the basis of one calendar day's vacation for each 13 days worked and/or available for service, or major portion of such days, during the preceding calendar year, with a maximum of four weeks. Compensation for such vacation will be 8% of the gross wages of the employee during the preceding calendar year. This basis applies during subsequent years until qualifying for further vacation under Clause (f) of this Article 54.1 (e) An employee covered by Xxxxxx (d) hereof, will be entitled to vacation on the basis outlined therein if on his/her 8th or subsequent service anniversary date he/she has rendered compensated service in 80 calendar months; otherwise his/her vacation entitlement will be calculated as set out in Clause (b) hereof. Any vacation granted for which the employee does not subsequently qualify will be deducted from the employee's vacation entitlement in the next calendar year. If such employee's employment relationship with the Company is terminated for any reason prior to his/her next vacation, the adjustment will be made at time of leaving. (f) Subject to the provisions of Clause (g) hereof, an employee who, at the beginning of the calendar year, has maintained a continuous employment relationship for at least 15 years and who has rendered compensated service in 150 calendar months, calculated from date of entering service, shall have his/her vacation scheduled on the basis of one calendar day's vacation for each 10 days worked and/or available for service, or major portion of such days during the preceding calendar year, with a maximum of five weeks. Compensation for such vacation will be 10% of the gross wages of the employee during the preceding calendar year. This basis applies during subsequent years until qualifying for further vacation under Clause (g) An employee covered by Xxxxxx (f) hereof, will be entitled to vacation on the basis outlined therein if on his/her 16th or subsequent service anniversary date he/she has rendered compensated service in 160 calendar months; otherwise his/her vacation entitlement will be calculated as set out in Clause (d) hereof. Any vacation granted for which the employee does not subsequently qualify will be deducted from the employee's vacation entitlement in the next calendar year. If such employee's employment relationship with the Company is terminated for any reason prior to his/her next vacation, the adjustment will be made at time of leaving. (h) Subject to the provisions of Clauses (i) and (j) hereof, an employee who, at the beginning of the calendar year, has maintained a continuous employment relationship for at least 25 years and who has rendered compensated service in 250 calendar months, calculated from date of entering service, shall have his/her vacation scheduled on the basis of one calendar day's vacation for each 8 2/3 days worked and/or available for service, or major portion of such days, during the preceding calendar year, with maximum of six weeks. Compensation for such vacation will be 12% of the gross wages of the employee during the preceding calendar year. (i) An employee covered by Xxxxxx (h) hereof will be entitled to vacation on the basis outlined therein if on his/her 26th or subsequent service anniversary date he/she has rendered compensated service in 260 calendar months; otherwise his/her vacation entitlement will be calculated as set out in Clause (f) hereof. Any vacation granted for which the employee does not subsequently qualify will be deducted from the employee's vacation entitlement in the next calendar year. If such employee's employment relationship with the Company is terminated for any reason prior to his/her next vacation, the adjustment will be made at time of leaving. (j) In the application of Clause (h), the Company will have the option of: 1. Scheduling an employee for five weeks' vacation with the employee being paid for the sixth week at prorata rates; or 2. Splitting the vacation on the basis of five weeks and one week. (k) In computing service under Clauses (a) to (j) inclusive of this Article 54.1, days worked in any position covered by similar vacation rules will be accumulated for the purpose of qualifying for vacation with pay. (a) Subject to the provisions of Clauses (c), (e), (g) and (i) of Article 54.1, an employee who is retired, leaves the service of his/her own accord, is dismissed for cause, or whose services are dispensed with, shall be paid an amount appropriate to his/her service entitlement calculated as provided in Article 54.1, for any vacation due him up to the time of termination of his/her service. (b) An employee who at the time of termination of his/her service has not qualified for vacation as provided for in Clause (a) of Article 54.1 shall be paid 4% of his/her gross earnings for the calendar year in which his/her service is terminated. (c) An employee who leaves the service of his/her own accord, or is dismissed for cause and not reinstated in the service within two years of date of such dismissal, will if subsequently returned to the service, be required to again qualify for vacation with pay as per Article 54.1. (d) In the event of death of an employee, vacation pay to which he/she is entitled up to the time of his/her death will be paid to the estate of the deceased. (e) An employee who is laid off during the year and who has not been recalled at the beginning of the ensuing calendar year will have the right to request on two weeks' notice vacation pay due at any time during the ensuing calendar year prior to being recalled to service. (f) Time off duty because of lay-off, bona fide illness, injury or attendance to organization business (except on full-time basis), shall be included for qualification purposes in Article 54.1. (a) An employee who has become entitled to vacation with pay shall be granted such vacation within twelve-month period immediately following the completion of the calendar year of employment in respect of which the employee became entitled to the vacation. (b) In so far as practicable, preference shall be given in order of seniority of the applicants where applications for vacation have been filed on or before February 15th. Employees must take their vacation at the time allotted and those who do not apply for it prior to February 15th shall be required to take their vacation at a time prescribed by the Company. Employees will apply for their vacations at the location which is the employee's permanent home terminal. An employee who has been awarded vacation on the basis of this paragraph and subsequently moves permanently to a new home terminal will be permitted to retain his/her vacation dates awarded for that year. (c) An employee, who, while on annual vacation, becomes ill or is injured, shall have the right to terminate (temporarily) his/her vacation and be placed on weekly indemnity. An employee who is again fit for duty shall immediately so inform the Company officer in charge and will continue his/her vacation if within his/her scheduled dates. If the remaining vacation falls outside the employee's scheduled dates, such vacation will be rescheduled as may be mutually agreed between the proper officer of the Company and the local chairman of the Brotherhood. (d) An employee who, due to sickness or injury, is unable to take or complete his/her annual vacation in that year shall, at the option of that employee, have the right to have such vacation carried to the following year. (e) An employee who is entitled to vacation shall take same at the time scheduled. However, if the Company reschedules an employee's scheduled vacation dates other than on request of the employee; by mutual agreement with the employee; or where the vacation is rescheduled under Clauses (c) and (d) of this Article, he/she shall be given at least 3 weeks' advance notice of such rescheduling and will be entitled to the following penalty payment: For each calendar day during his/her originally scheduled vacation period on which he/she performs service or is available for service, one-seventh of one percent of the employee's gross wages during the preceding calendar year; payable during the period of his/her rescheduled vacation dates. The rescheduled vacation with pay to which he/she is entitled will be granted at a mutually agreed upon later date. This Clause (e) does not apply where rescheduling is a result of an employee exercising his/her seniority to a position covered by another vacation schedule. (f) Employees desiring an advance vacation payment must make application for same not later than five weeks prior to commencing their vacation. The advance vacation payment shall be 4% of the employee's previous year's earnings, less an appropriate amount (approximately 30%) to cover standard deductions. 54.4 Employees returning from vacation will be placed on the board at 2200 hours on the last day of their vacation period. Note 1: Provided that at least one period of split vacation is taken in the months of January to May inclusive or September to December inclusive employees entitled to vacation of two weeks or more may, provided proper application is made prior to February 15th, and there is no additional expense to the Railway, take his/her vacation in up to four portions, none of which will be less than Note 2: Seven calendar days to be considered one week. Note 3: Employees will have the option of using ten (10) personal leave days which will be deducted from the employees annual vacation. Employees using personal leave days under this provision must make request to the proper officer at least twenty-four (24) hours in advance and such leave will be granted provided there is no increased cost to the company. Personal leave days will not be granted between December 1 and 31 of each year.

ANNUAL VACATION WITH PAY. (a) An employee who at the beginning of the calendar year is not qualified for vacation under Xxxxxx (b) Clause hereof will be allowed one calendar day's vacation for each twenty-six days worked available for service, or major portion of such days during the preceding calendar year with a maximum of two weeks. Compensation for such vacation will be of the gross wages of the employee during the preceding calendar year. This basis applies during subsequent years until qualifying for further vacation under Clause of this Article Subject to the provisions of clause (c) hereof, an employee who at the beginning of the calendar year, has maintained a continuous employment relationship for at least 3 years and who has rendered compensated service in 30 calendar months calculated from the date of entering service, shall have his/her his vacation scheduled on the basis of one calendar day's vacation for each 17 days worked and/or andlor available for service, or major portion of such days, during the preceding calendar year, with a maximum of three weeks. Compensation for such vacation will be 6% of the gross wage of the employee during the preceding calendar year. This basis applies during subsequent years until qualifying for further vacation under Xxxxxx (d) Clause of this Article 54.1 (c) An employee covered by Xxxxxx (b) hereof, will be entitled to vacation on the basis outlined therein if on his/her his fourth or subsequent service anniversary date he/she he has rendered compensated service in 40 calendar months; otherwise his/her his vacation entitlement will be calculated as set out in Clause (a) hereof. Any vacation granted for which the employee does not subsequently qualify will be deducted from the employee's vacation entitlement in the next calendar year. If such employee's employment relationship with the Company is terminated for any reason prior to his/her his next vacation, the adjustment will be made at time of leaving. (d) . Subject to the provisions of Clause (e) hereof, an employee who, at the beginning of the calendar year, has maintained a continuous employment relationship for at least 7 years and who has rendered compensated service in 70 calendar months calculated from the date of entering service, shall have his/her his vacation scheduled on the basis of one calendar day's vacation for each 13 days worked and/or andlor available for service, or major portion of such days, during the preceding calendar year, with a maximum of four weeks. Compensation for such vacation will be 8% of the gross wages of the employee during the preceding calendar year. This basis applies during subsequent years until qualifying for further vacation under Clause (f) of this Article 54.1 (e) An employee covered by Xxxxxx (d) hereof, will be entitled to vacation on the basis outlined therein if on his/her 8th or subsequent service anniversary date he/she has rendered compensated service in 80 calendar months; otherwise his/her vacation entitlement will be calculated as set out in Clause (b) hereof. Any vacation granted for which the employee does not subsequently qualify will be deducted from the employee's vacation entitlement in the next calendar year. If such employee's employment relationship with the Company is terminated for any reason prior to his/her next vacation, the adjustment will be made at time of leaving. (f) Subject to the provisions of Clause (g) hereof, an employee who, at the beginning of the calendar year, has maintained a continuous employment relationship for at least 15 years and who has rendered compensated service in 150 calendar months, calculated from date of entering service, shall have his/her vacation scheduled on the basis of one calendar day's vacation for each 10 days worked and/or available for service, or major portion of such days during the preceding calendar year, with a maximum of five weeks. Compensation for such vacation will be 10% of the gross wages of the employee during the preceding calendar year. This basis applies during subsequent years until qualifying for further vacation under Clause (g) An employee covered by Xxxxxx (f) hereof, will be entitled to vacation on the basis outlined therein if on his/her 16th or subsequent service anniversary date he/she has rendered compensated service in 160 calendar months; otherwise his/her vacation entitlement will be calculated as set out in Clause (d) hereof. Any vacation granted for which the employee does not subsequently qualify will be deducted from the employee's vacation entitlement in the next calendar year. If such employee's employment relationship with the Company is terminated for any reason prior to his/her next vacation, the adjustment will be made at time of leaving. (h) Subject to the provisions of Clauses (i) and (j) hereof, an employee who, at the beginning of the calendar year, has maintained a continuous employment relationship for at least 25 years and who has rendered compensated service in 250 calendar months, calculated from date of entering service, shall have his/her vacation scheduled on the basis of one calendar day's vacation for each 8 2/3 days worked and/or available for service, or major portion of such days, during the preceding calendar year, with maximum of six weeks. Compensation for such vacation will be 12% of the gross wages of the employee during the preceding calendar year. (i) An employee covered by Xxxxxx (h) hereof will be entitled to vacation on the basis outlined therein if on his/her 26th or subsequent service anniversary date he/she has rendered compensated service in 260 calendar months; otherwise his/her vacation entitlement will be calculated as set out in Clause (f) hereof. Any vacation granted for which the employee does not subsequently qualify will be deducted from the employee's vacation entitlement in the next calendar year. If such employee's employment relationship with the Company is terminated for any reason prior to his/her next vacation, the adjustment will be made at time of leaving. (j) In the application of Clause (h), the Company will have the option of: 1. Scheduling an employee for five weeks' vacation with the employee being paid for the sixth week at prorata rates; or 2. Splitting the vacation on the basis of five weeks and one week. (k) In computing service under Clauses (a) to (j) inclusive of this Article 54.1, days worked in any position covered by similar vacation rules will be accumulated for the purpose of qualifying for vacation with pay. (a) Subject to the provisions of Clauses (c), (e), (g) and (i) of Article 54.1, an employee who is retired, leaves the service of his/her own accord, is dismissed for cause, or whose services are dispensed with, shall be paid an amount appropriate to his/her service entitlement calculated as provided in Article 54.1, for any vacation due him up to the time of termination of his/her service. (b) An employee who at the time of termination of his/her service has not qualified for vacation as provided for in Clause (a) of Article 54.1 shall be paid 4% of his/her gross earnings for the calendar year in which his/her service is terminated. (c) An employee who leaves the service of his/her own accord, or is dismissed for cause and not reinstated in the service within two years of date of such dismissal, will if subsequently returned to the service, be required to again qualify for vacation with pay as per Article 54.1. (d) In the event of death of an employee, vacation pay to which he/she is entitled up to the time of his/her death will be paid to the estate of the deceased. (e) An employee who is laid off during the year and who has not been recalled at the beginning of the ensuing calendar year will have the right to request on two weeks' notice vacation pay due at any time during the ensuing calendar year prior to being recalled to service. (f) Time off duty because of lay-off, bona fide illness, injury or attendance to organization business (except on full-time basis), shall be included for qualification purposes in Article 54.1. (a) An employee who has become entitled to vacation with pay shall be granted such vacation within twelve-month period immediately following the completion of the calendar year of employment in respect of which the employee became entitled to the vacation. (b) In so far as practicable, preference shall be given in order of seniority of the applicants where applications for vacation have been filed on or before February 15th. Employees must take their vacation at the time allotted and those who do not apply for it prior to February 15th shall be required to take their vacation at a time prescribed by the Company. Employees will apply for their vacations at the location which is the employee's permanent home terminal. An employee who has been awarded vacation on the basis of this paragraph and subsequently moves permanently to a new home terminal will be permitted to retain his/her vacation dates awarded for that year. (c) An employee, who, while on annual vacation, becomes ill or is injured, shall have the right to terminate (temporarily) his/her vacation and be placed on weekly indemnity. An employee who is again fit for duty shall immediately so inform the Company officer in charge and will continue his/her vacation if within his/her scheduled dates. If the remaining vacation falls outside the employee's scheduled dates, such vacation will be rescheduled as may be mutually agreed between the proper officer of the Company and the local chairman of the Brotherhood. (d) An employee who, due to sickness or injury, is unable to take or complete his/her annual vacation in that year shall, at the option of that employee, have the right to have such vacation carried to the following year. (e) An employee who is entitled to vacation shall take same at the time scheduled. However, if the Company reschedules an employee's scheduled vacation dates other than on request of the employee; by mutual agreement with the employee; or where the vacation is rescheduled under Clauses (c) and (d) of this Article, he/she shall be given at least 3 weeks' advance notice of such rescheduling and will be entitled to the following penalty payment: For each calendar day during his/her originally scheduled vacation period on which he/she performs service or is available for service, one-seventh of one percent of the employee's gross wages during the preceding calendar year; payable during the period of his/her rescheduled vacation dates. The rescheduled vacation with pay to which he/she is entitled will be granted at a mutually agreed upon later date. This Clause (e) does not apply where rescheduling is a result of an employee exercising his/her seniority to a position covered by another vacation schedule. (f) Employees desiring an advance vacation payment must make application for same not later than five weeks prior to commencing their vacation. The advance vacation payment shall be 4% of the employee's previous year's earnings, less an appropriate amount (approximately 30%) to cover standard deductions. 54.4 Employees returning from vacation will be placed on the board at 2200 hours on the last day of their vacation period. Note 1: Provided that at least one period of split vacation is taken in the months of January to May inclusive or September to December inclusive employees entitled to vacation of two weeks or more may, provided proper application is made prior to February 15th, and there is no additional expense to the Railway, take his/her vacation in up to four portions, none of which will be less than Note 2: Seven calendar days to be considered one week. Note 3: Employees will have the option of using ten (10) personal leave days which will be deducted from the employees annual vacation. Employees using personal leave days under this provision must make request to the proper officer at least twenty-four (24) hours in advance and such leave will be granted provided there is no increased cost to the company. Personal leave days will not be granted between December 1 and 31 of each year.

ANNUAL VACATION WITH PAY. (a) Section 1 17.01 An employee who at the beginning of the calendar year is not qualified for vacation under Xxxxxxclause 17.02 will be allowed 1 calendar day's vacation for each 26 days worked and/or available for service, or major portion of such days during the preceding calendar year with a maximum of 2 weeks. Compensation for such vacation will be 4% of the gross wages of the employee during the preceding calendar year. This basis applies during subsequent years until qualifying for further vacation under Clause 17.02. (b) 17.02 Subject to the provisions provision of clause (c) hereofNote 1 below, an employee who who, at the beginning of the calendar year, has maintained a continuous employment relationship for at least completed 3 years continuous service and who has rendered compensated service in 30 calendar months calculated from the date of entering service, shall have his/her his vacation scheduled on the basis of one 1 calendar day's vacation for each 17 days worked and/or available for service, or major portion of such days, during the preceding calendar year, with a maximum of three 3 weeks. Compensation for such vacation will be 6% of the gross wage wages of the employee during the preceding calendar year. This basis applies during subsequent years until qualifying for further vacation under Xxxxxx (d) of this Article 54.1 (c) Clause 17.03. Note 1: An employee covered by Xxxxxx (b) hereof, 17.02 will be entitled to vacation on the basis outlined therein if on his/her his fourth or subsequent service anniversary date he/she he has rendered compensated service in 40 calendar months; otherwise his/her his vacation entitlement will be calculated as set out in Clause (a) hereof17.01. Any vacation granted for which the employee does not subsequently qualify will be deducted from the employee's vacation entitlement in the next calendar year. If such employee's employment relationship with employee leaves the Company is terminated service for any reason prior to his/her his next vacation, the adjustment will be made at time of leaving. (d) 17.03 Subject to the provisions of Clause (e) hereofNote 2 below, an employee who, at the beginning of the calendar year, year has maintained a completed 10 years continuous employment relationship for at least 7 years service and who has rendered compensated service in 70 100 calendar months calculated from the date of entering service, shall have his/her his vacation scheduled on the basis of one calendar day's vacation for each 13 days worked and/or available for service, or major portion of such days, during the preceding calendar year, with a maximum of four weeks. Compensation for such vacation will be 8% of the gross wages of the employee during the preceding calendar year. This basis applies during subsequent years until qualifying for further vacation under Clause (f) of this Article 54.1 (e) Note 2: An employee covered by Xxxxxx (d) hereof, 17.03 will be entitled to vacation on the basis outlined therein if on his/her 8th his eleventh or subsequent service anniversary date he/she he has rendered compensated service in 80 110 calendar months; otherwise his/her his vacation entitlement will be calculated as set out in Clause (b) hereof17.02. Any vacation granted for which the employee does not subsequently qualify will be deducted from the employee's vacation entitlement in the next calendar year. If such employee's employment relationship with employee leaves the Company is terminated service for any reason prior to his/her his next vacation, the adjustment will be made at time of leaving. (f) 17.04 Subject to the provisions of Clause (g) hereofNote 3 below, an employee who, at the beginning of the calendar year, has maintained a completed 18 years' continuous employment relationship for at least 15 years service and who has rendered compensated service in 150 180 calendar months, months calculated from date of entering service, shall have his/her his vacation scheduled on the basis of one calendar day's vacation for each 10 10- 1/2 days worked and/or available for service, or major portion of such days days, during the preceding calendar year, with a maximum of five weeks. Compensation for such vacation will be 10% of the gross wages of the employee during the preceding calendar year. This basis applies during subsequent years until qualifying for further vacation under Clause (g) Note 3: An employee covered by Xxxxxx (f) hereof, 17.04 will be entitled to vacation on the basis outlined therein if on his/her 16th his nineteenth or subsequent service anniversary date he/she he has rendered compensated service in 160 190 calendar months; otherwise his/her his vacation entitlement will be calculated as set out in Clause (d) hereof17.03. Any vacation granted for which the employee does not subsequently qualify will be deducted from the employee's vacation entitlement in the next calendar year. If such employee's employment relationship with employee leaves the Company is terminated service for any reason prior to his/her his next vacation, the adjustment will be made at time of leaving. (h) 17.05 Subject to the provisions of Clauses (i) and (j) hereofNote 4 below, an employee who, at the beginning of the calendar year, has maintained a completed 28 years' continuous employment relationship for at least 25 years service and who has rendered compensated service in 250 280 calendar months, months calculated from date of entering service, shall have his/her his vacation scheduled on the basis of one 1 calendar day's vacation for each 8 2/3 8-1/2 days worked and/or available for service, or major portion of such days, during the preceding calendar year, with maximum of six weeks. Compensation for such vacation will be 12% of the gross wages of the employee during the preceding calendar year. (i) Note 4: An employee covered by Xxxxxx (h) hereof 17.05 will be entitled to vacation on the basis outlined therein if on his/her 26th his twenty-ninth or subsequent service anniversary date he/she he has rendered compensated service in 260 290 calendar months; otherwise his/her his vacation entitlement will be calculated as set out in Clause (f) hereof. Any vacation granted for which the employee does not subsequently qualify will be deducted from the employee's vacation entitlement in the next calendar year. If such employee's employment relationship with the Company is terminated for any reason prior to his/her next vacation, the adjustment will be made at time of leaving17.04. (j) In the application of Clause (h), the Company will have the option of: 1. Scheduling an employee for five weeks' vacation with the employee being paid for the sixth week at prorata rates; or 2. Splitting the vacation on the basis of five weeks and one week. (k) 17.06 In computing service under Clauses (a) to (j) inclusive of this Article 54.117.01, days 17.02, 17.03, 17.04 and 17.05 time worked in any position covered by similar vacation rules will be accumulated for the purpose of qualifying for vacation with pay. 17.07 An employee who, while on annual vacation, becomes ill or is injured, shall have the right to terminate (atemporarily) Subject his vacation and be placed on weekly indemnity. An employee who is again fit for duty shall immediately so inform the Company Officer in charge and will continue his vacation if within his scheduled dates. If the remaining vacation falls outside the employee's scheduled dates, such vacation will be re-scheduled as may be mutually agreed between the proper officer of the Company and the Local Chairman of the Council. 17.08 An employee who, due to sickness or injury, is unable to take or complete his 17.09 An employee who is entitled to vacation shall take same at the time scheduled. However, if the Company re-schedules an employee's scheduled vacation dates other than on request of the employee; by mutual agreement with the employee; or where the vacation is re-scheduled under Clauses 17.07 and 17.08, he shall be given at least 3 weeks' advance notice of such re-scheduling and will be entitled to the provisions of Clauses (c), (e), (g) and (i) of Article 54.1, an following penalty payment in addition to vacation pay: 17.10 An employee who is retired, leaves the service of his/her his own accord, is dismissed for cause, or whose services are dispensed with, with shall be paid an amount appropriate to his/her service entitlement calculated as provided in Article 54.1, for any vacation due him up to the time of termination of his/her service. (b) An employee who at the time of termination of his/her his service has not qualified for vacation calculated as provided for in Clause (a) of Article 54.1 shall be paid 4% of his/her gross earnings for the calendar year in which his/her service is terminated.Section 1. Any such (c) 17.11 An employee who leaves the service of his/her his own accord, or is dismissed for cause and not reinstated in the service within two years of date of such dismissal, will will, if subsequently returned to the service, be required to again qualify for vacation with pay as per Article 54.1Section 1. (d) 17.12 In the event of death of an employee, vacation pay to which he/she he is entitled up to the time of his/her death his death, will be paid to the estate of the deceased. (e) 17.13 An employee who is laid off during the year and who has not been recalled at the beginning of the ensuing calendar year will have the right to request on two 2 weeks' notice vacation pay due him at any time during the ensuing calendar year prior to being recalled to serviceto 17.14 In filling vacancies created by employees on vacation with pay, as provided in this Article, the schedule rules will apply unless otherwise mutually agreed upon between the General Chairman and the General Manager. (f) 17.15 Time off on account of vacation under the terms of this Article 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. 17.16 The words "continuous service" in Section 1 mean continuous employee relationship; time off duty because of lay-account laid off, bona fide illness, injury injury, or attendance to organization business (except on full-time basis), shall be included for qualification purposes in Article 54.1.Section 1. Section 4 (a) 17.17 An employee who has become entitled to a vacation with pay shall be granted such vacation within twelve-a twelve month period immediately following the completion of the calendar year of employment in respect of which the employee became entitled to the vacation. Engineers not working full-time as such at the time vacations are allotted, will have their Annual Vacation scheduled on the basis of their seniority in the class of service in which they performed a preponderance of work in the preceding year. (b) In so far 17.18 Insofar as practicable, preference shall be given in order of seniority of the applicants where applications for vacation have been filed on or before February January 15th of each year; such preference shall not be granted where applications have been filed after January 15th. Employees must take their vacation at the time allotted and those who do not apply for it prior to February January 15th shall be required to take their vacation at a time prescribed by the Company. Employees will apply for their vacations at the location which is the employee's permanent home terminal. 17.19 Employee entitled to 1 or 2 weeks vacation must take such vacation in a continuous period. An employee who has been awarded entitled to 3 weeks vacation on may, provided proper application is made prior to January 15th, and there is no additional expense to the basis Company, take his vacation in 2 portions, neither of this paragraph and subsequently moves permanently to a new home terminal which will be permitted less than 1 week. Similarly, an employee entitled to retain his/her 4 or more weeks vacation dates awarded for that yearmay take such vacation in weekly increments, provided there is no additional expense to the Company. (c) An employee17.20 Where vacation periods are split, who, while on annual vacation, becomes ill or is injured, shall have only the right to terminate (temporarily) his/her vacation and be placed on weekly indemnity. An employee who is again fit for duty shall immediately so inform portion indicated as the Company officer in charge and will continue his/her vacation if within his/her scheduled dates. If the remaining vacation falls outside the employee's scheduled dates, such vacation first choice will be rescheduled considered as may be mutually agreed between the proper officer preference in order of the Company seniority and the local chairman of the Brotherhood. (d) An employee who, due to sickness or injury, is unable to take or complete his/her annual vacation in that year shall, at the option of that employee, have the right to have such vacation carried to the following year. (e) An employee who is entitled to vacation shall take same at the time scheduled. However, if the Company reschedules an employee's scheduled vacation dates other than on request of the employee; by mutual agreement with the employee; or where the vacation is rescheduled under Clauses (c) and (dremaining portion(s) of this Article, he/she shall be given at least 3 weeks' advance notice of such rescheduling and will be entitled to the following penalty payment: For each calendar day during his/her originally scheduled vacation period on which he/she performs service or is available for service, one-seventh of one percent of the employee's gross wages during the preceding calendar year; payable during the period of his/her rescheduled vacation dates. The rescheduled vacation with pay to which he/she is entitled will be granted at a mutually agreed upon later date. This Clause (e) does not apply where rescheduling is a result of an employee exercising his/her seniority to a position covered by another vacation schedule.Section 5 (f) 17.21 Employees desiring an advance vacation payment must make application for same not later than five 5 weeks prior to commencing their vacation. The advance vacation payment shall be 4% of the employee's previous year's earnings, less an appropriate amount (approximately 30%) to cover standard deductions. 54.4 Employees returning from vacation will be placed on the board at 2200 hours on the last day . Letter # 1 - Flat Lining of their vacation period. Note 1: Provided that at least one period of split vacation is taken in the months of January to May inclusive or September to December inclusive employees entitled to vacation of two weeks or more may, provided proper application is made prior to February 15th, and there is no additional expense to the Railway, take his/her vacation in up to four portions, none of which will be less than Note 2: Seven calendar days to be considered one week. Note 3: Employees will have the option of using ten (10) personal leave days which will be deducted from the employees annual vacation. Employees using personal leave days under this provision must make request to the proper officer at least twenty-four (24) hours in advance and such leave will be granted provided there is no increased cost to the company. Personal leave days will not be granted between December 1 and 31 of each year.Annual Vacation

ANNUAL VACATION WITH PAY. (a) An employee who at the beginning of the calendar year is not qualified for vacation under Xxxxxx (b) Clause hereof will be allowed one calendar day's vacation for each twenty-six days worked available for service, or major portion of such days during the preceding calendar year with a maximum of two weeks. Compensation for such vacation will be of the gross wages of the employee during the preceding calendar year. This basis applies during subsequent years until qualifying for further vacation under Clause of this Article Subject to the provisions of clause (c) hereof, an employee who at the beginning of the calendar year, has maintained a continuous employment relationship for at least 3 years and who has rendered compensated service in 30 calendar months calculated from the date of entering service, shall have his/her his vacation scheduled on the basis of one calendar day's vacation for each 17 days worked and/or available for service, or major portion of such days, during the preceding calendar year, with a maximum of three weeks. Compensation for such vacation will be 6% of the gross wage of the employee during the preceding calendar year. This basis applies during subsequent years until qualifying for further vacation under Xxxxxx (d) Clause of this Article 54.1 (c) An employee covered by Xxxxxx (b) hereof, will be entitled to vacation on the basis outlined therein if on his/her his fourth or subsequent service anniversary date he/she he has rendered compensated service in 40 calendar months; otherwise his/her his vacation entitlement will be calculated as set out in Clause (a) hereof. Any vacation granted for which the employee does not subsequently qualify will be deducted from the employee's vacation entitlement in the next calendar year. If such employee's employment relationship ,with the Company is terminated for any reason prior to his/her his next vacation, the adjustment will be made at time of leaving. (d) . Subject to the provisions of Clause (e) hereof, an employee who, at the beginning of the calendar year, has maintained a continuous employment relationship for at least 7 years and who has rendered compensated service in 70 calendar months calculated from the date of entering service, shall have his/her his vacation scheduled on the basis of one calendar day's vacation for each 13 days worked and/or available for service, or major portion of such days, during the preceding calendar year, with a maximum of four weeks. Compensation for such vacation will be 8% of the gross wages of the employee during the preceding calendar year. This basis applies during subsequent years until qualifying for further vacation under Clause (f) of this Article 54.1 (e) An employee covered by Xxxxxx (d) hereof, will be entitled to vacation on the basis outlined therein if on his/her 8th or subsequent service anniversary date he/she has rendered compensated service in 80 calendar months; otherwise his/her vacation entitlement will be calculated as set out in Clause (b) hereof. Any vacation granted for which the employee does not subsequently qualify will be deducted from the employee's vacation entitlement in the next calendar year. If such employee's employment relationship with the Company is terminated for any reason prior to his/her next vacation, the adjustment will be made at time of leaving. (f) Subject to the provisions of Clause (g) hereof, an employee who, at the beginning of the calendar year, has maintained a continuous employment relationship for at least 15 years and who has rendered compensated service in 150 calendar months, calculated from date of entering service, shall have his/her vacation scheduled on the basis of one calendar day's vacation for each 10 days worked and/or available for service, or major portion of such days during the preceding calendar year, with a maximum of five weeks. Compensation for such vacation will be 10% of the gross wages of the employee during the preceding calendar year. This basis applies during subsequent years until qualifying for further vacation under Clause (g) An employee covered by Xxxxxx (f) hereof, will be entitled to vacation on the basis outlined therein if on his/her 16th or subsequent service anniversary date he/she has rendered compensated service in 160 calendar months; otherwise his/her vacation entitlement will be calculated as set out in Clause (d) hereof. Any vacation granted for which the employee does not subsequently qualify will be deducted from the employee's vacation entitlement in the next calendar year. If such employee's employment relationship with the Company is terminated for any reason prior to his/her next vacation, the adjustment will be made at time of leaving. (h) Subject to the provisions of Clauses (i) and (j) hereof, an employee who, at the beginning of the calendar year, has maintained a continuous employment relationship for at least 25 years and who has rendered compensated service in 250 calendar months, calculated from date of entering service, shall have his/her vacation scheduled on the basis of one calendar day's vacation for each 8 2/3 days worked and/or available for service, or major portion of such days, during the preceding calendar year, with maximum of six weeks. Compensation for such vacation will be 12% of the gross wages of the employee during the preceding calendar year. (i) An employee covered by Xxxxxx (h) hereof will be entitled to vacation on the basis outlined therein if on his/her 26th or subsequent service anniversary date he/she has rendered compensated service in 260 calendar months; otherwise his/her vacation entitlement will be calculated as set out in Clause (f) hereof. Any vacation granted for which the employee does not subsequently qualify will be deducted from the employee's vacation entitlement in the next calendar year. If such employee's employment relationship with the Company is terminated for any reason prior to his/her next vacation, the adjustment will be made at time of leaving. (j) In the application of Clause (h), the Company will have the option of: 1. Scheduling an employee for five weeks' vacation with the employee being paid for the sixth week at prorata rates; or 2. Splitting the vacation on the basis of five weeks and one week. (k) In computing service under Clauses (a) to (j) inclusive of this Article 54.1, days worked in any position covered by similar vacation rules will be accumulated for the purpose of qualifying for vacation with pay. (a) Subject to the provisions of Clauses (c), (e), (g) and (i) of Article 54.1, an employee who is retired, leaves the service of his/her own accord, is dismissed for cause, or whose services are dispensed with, shall be paid an amount appropriate to his/her service entitlement calculated as provided in Article 54.1, for any vacation due him up to the time of termination of his/her service. (b) An employee who at the time of termination of his/her service has not qualified for vacation as provided for in Clause (a) of Article 54.1 shall be paid 4% of his/her gross earnings for the calendar year in which his/her service is terminated. (c) An employee who leaves the service of his/her own accord, or is dismissed for cause and not reinstated in the service within two years of date of such dismissal, will if subsequently returned to the service, be required to again qualify for vacation with pay as per Article 54.1. (d) In the event of death of an employee, vacation pay to which he/she is entitled up to the time of his/her death will be paid to the estate of the deceased. (e) An employee who is laid off during the year and who has not been recalled at the beginning of the ensuing calendar year will have the right to request on two weeks' notice vacation pay due at any time during the ensuing calendar year prior to being recalled to service. (f) Time off duty because of lay-off, bona fide illness, injury or attendance to organization business (except on full-time basis), shall be included for qualification purposes in Article 54.1. (a) An employee who has become entitled to vacation with pay shall be granted such vacation within twelve-month period immediately following the completion of the calendar year of employment in respect of which the employee became entitled to the vacation. (b) In so far as practicable, preference shall be given in order of seniority of the applicants where applications for vacation have been filed on or before February 15th. Employees must take their vacation at the time allotted and those who do not apply for it prior to February 15th shall be required to take their vacation at a time prescribed by the Company. Employees will apply for their vacations at the location which is the employee's permanent home terminal. An employee who has been awarded vacation on the basis of this paragraph and subsequently moves permanently to a new home terminal will be permitted to retain his/her vacation dates awarded for that year. (c) An employee, who, while on annual vacation, becomes ill or is injured, shall have the right to terminate (temporarily) his/her vacation and be placed on weekly indemnity. An employee who is again fit for duty shall immediately so inform the Company officer in charge and will continue his/her vacation if within his/her scheduled dates. If the remaining vacation falls outside the employee's scheduled dates, such vacation will be rescheduled as may be mutually agreed between the proper officer of the Company and the local chairman of the Brotherhood. (d) An employee who, due to sickness or injury, is unable to take or complete his/her annual vacation in that year shall, at the option of that employee, have the right to have such vacation carried to the following year. (e) An employee who is entitled to vacation shall take same at the time scheduled. However, if the Company reschedules an employee's scheduled vacation dates other than on request of the employee; by mutual agreement with the employee; or where the vacation is rescheduled under Clauses (c) and (d) of this Article, he/she shall be given at least 3 weeks' advance notice of such rescheduling and will be entitled to the following penalty payment: For each calendar day during his/her originally scheduled vacation period on which he/she performs service or is available for service, one-seventh of one percent of the employee's gross wages during the preceding calendar year; payable during the period of his/her rescheduled vacation dates. The rescheduled vacation with pay to which he/she is entitled will be granted at a mutually agreed upon later date. This Clause (e) does not apply where rescheduling is a result of an employee exercising his/her seniority to a position covered by another vacation schedule. (f) Employees desiring an advance vacation payment must make application for same not later than five weeks prior to commencing their vacation. The advance vacation payment shall be 4% of the employee's previous year's earnings, less an appropriate amount (approximately 30%) to cover standard deductions. 54.4 Employees returning from vacation will be placed on the board at 2200 hours on the last day of their vacation period. Note 1: Provided that at least one period of split vacation is taken in the months of January to May inclusive or September to December inclusive employees entitled to vacation of two weeks or more may, provided proper application is made prior to February 15th, and there is no additional expense to the Railway, take his/her vacation in up to four portions, none of which will be less than Note 2: Seven calendar days to be considered one week. Note 3: Employees will have the option of using ten (10) personal leave days which will be deducted from the employees annual vacation. Employees using personal leave days under this provision must make request to the proper officer at least twenty-four (24) hours in advance and such leave will be granted provided there is no increased cost to the company. Personal leave days will not be granted between December 1 and 31 of each year.