Common use of Hours of Service and Overtime Clause in Contracts

Hours of Service and Overtime. 8.1 The principle of the forty (40)-hour week is recognized and an average of one hundred and sixty (160) hours shall constitute a basic four-week period. 8.2 As the nature of work performed necessitates irregular distribution of Locomotive engineers, hours of work, and days of assignment, the principle of averaging will be in accordance with the following formula: (a) Locomotive engineers shall be paid a basic salary for each two-week period: Example: Hours Credited Hours paid 1st 2-week period 90 70 2nd 2-week period 55 70 Total 145 160 Guarantee 15 Total 160 Adjustment 0 0 (b) Hours worked in each consecutive four (4) week period will be averaged to determine time worked in excess of the aggregate basic one hundred and sixty (160) hours, and hours in excess of the aggregate shall be paid at time and one-half at the hourly rate provided for in Article 7.2 (b). Example: Hours Credited Hours paid 1st 2-week period 100 80 2nd 2-week period 75 80 Total 175 160 *Adjustment 15 22.5 Total 160 Adjustment 0 0 15 hours at 1 ½ 22.5 Total (straight time rates) 182.5 * Payable 1st pay period after the four (4) week period involved. (c) Unless otherwise arranged, runs extending over more than one seniority district will be manned by Locomotive engineers from each of the Seniority Districts involved, proportionately as nearly as possible. Locomotive engineers on those assignments that presently receive payments as compensation for equalization of miles will not suffer any loss in equalization compensation. This compensation payment will not be included in the calculation of the locomotive engineers’ guarantee but will be included in maintenance of earnings. (a) Locomotive engineers missing their assignments for the following reasons, as defined in the Collective Agreement, will have their guarantees protected: (b) Payments for the following, if incurred during layover, will be made in accordance with the provisions of the Collective Agreement. They shall be over and above the guarantee and shall not be included in the accumulation towards one hundred and sixty (160) hours: < Periodic rules. < Periodic Medical. < Investigations. < Corporation - initiated meetings. (c) General Holiday pay will be eight (8) hours paid at straight time, over and above the guarantee and is not calculated in the accumulation towards one hundred and sixty (160) hours. In addition, time worked on the actual General Holiday is paid at time and one-half, and those hours worked are calculated in the accumulation towards one hundred and sixty (160) hours. (a) For the purpose of computing time worked by a locomotive engineer during a four

Hours of Service and Overtime. 8.1 The principle of the forty (40)-hour week is recognized and an average of one hundred and sixty (160) hours in passenger service shall constitute a basic four-week period. 8.2 As the nature of work performed necessitates irregular distribution of Locomotive engineers, hours of work, and days of assignment, the principle of averaging will be in accordance with the following formula: (a) Locomotive engineers shall be paid a basic salary for each two-week period: Example: Hours Credited Hours paid 1st 2-week period 90 70 2nd 2-week period 55 70 Total 145 160 Guarantee 15 Total 160 Adjustment 0 0160 (b) Hours worked in each consecutive four (4) week period will be averaged to determine time worked in excess of the aggregate basic one hundred and sixty (160) hours, and hours in excess of the aggregate shall be paid at time and one-half at the hourly rate provided for in Article 7.2 (b). Example: Hours Credited Hours paid 1st 2-week period 100 80 2nd 2-week period 75 80 Total 175 160 *Adjustment 15 22.5 Total 160 Adjustment 0 0 15 hours at 1 ½ 22.5 Total (straight time rates) 182.5 * Payable 1st pay period after the four (4) week period involved. (c) Unless otherwise arranged, runs in road service extending over more than one seniority district will be manned by Locomotive engineers from each of the Seniority Districts involved, proportionately as nearly as possible. Locomotive engineers on those assignments that presently receive payments as compensation for equalization of miles will not suffer any loss in equalization compensation. This compensation payment will not be included in the calculation of the locomotive engineers’ guarantee but will be included in maintenance of earnings. (a) Locomotive engineers missing their assignments for the following reasons, as defined in the Collective Agreement, will have their guarantees protected: (b) Payments for the following, if incurred during layover, will be made in accordance with the provisions of the Collective Agreement. They shall be over and above the guarantee and shall not be included in the accumulation towards one hundred and sixty (160) hours: < Periodic rules. < Periodic Medical. < Investigations. < Corporation - initiated meetings. (c) General Holiday pay will be eight (8) hours paid at straight time, over and above the guarantee and is not calculated in the accumulation towards one hundred and sixty (160) hours. In addition, time worked on the actual General Holiday is paid at time and one-half, and those hours worked are calculated in the accumulation towards one hundred and sixty (160) hours. (a) For the purpose of computing time worked by a locomotive engineer during a four

Hours of Service and Overtime. 8.1 3.1 The principle of the forty (40)-hour 40-hour week is recognized and an average of one hundred and sixty (160) 160 hours in road service shall constitute a basic four-week period. 8.2 3.2 As the nature of work performed necessitates irregular distribution of Locomotive engineers, hours of work, and days of assignment, the principle of averaging will be in accordance with the following formula: (a) Locomotive engineers shall be paid a basic salary for each two-week period: Example: Hours Credited Hours paid 1st 2-week period Hours Credited 90 70 Hours paid 80 2nd 2-week period 55 70 80 Total 145 160 Guarantee 15 Total 160 Adjustment 0 0 (b) Hours worked in each consecutive four (4) -week period will be averaged to determine time worked in excess of the aggregate basic one hundred and sixty (160) 160 hours, and hours in excess of the aggregate shall be paid at time and one-one- half at the hourly rate provided for in Article 7.2 article 2.2 (b). Example: Hours Credited Hours paid 1st 2-week period 100 80 2nd 2-week period 75 80 Total 175 160 *Adjustment 15 22.5 Total 160 Adjustment 0 0 15 hours 22.5 at 1 ½ 22.5 Total 1/2 (straight time rates) 182.5 * Payable 1st pay period after the four (4) week period involved.) (c) Unless otherwise arranged, runs in road service extending over more than one seniority district will be manned by Locomotive engineers from each of the Seniority Districts involved, proportionately as nearly as possible. Locomotive engineers on those assignments that presently receive payments as compensation for equalization of miles will not suffer any loss in equalization compensation. This compensation payment will not be included in the calculation of the locomotive engineers’ guarantee but will be included in maintenance of earnings. (a) Locomotive engineers missing their assignments for the following reasons, as defined in the Collective Agreement, will have their guarantees protected:: < Attending court. < Bereavement leave. < Jury duty. < Periodic Rules - when scheduled by the Corporation. < Periodic Medical - when scheduled by the Corporation. < Investigations. < Inquests. < Corporation-initiated meetings. (b) Payments for the following, if incurred during layover, will be made in accordance with the provisions of the Collective Agreement. They shall be over and above the guarantee and shall not be included in the accumulation towards one hundred and sixty (160) 160 hours: < Periodic rules. < Periodic Medical. < Investigations. < Corporation - initiated meetings. (c) General Holiday pay will be eight (8) 8 hours paid at straight time, over and above the guarantee and is not calculated in the accumulation towards one hundred and sixty (160) 160 hours. In addition, time worked on the actual General Holiday is paid at time and one-half, and those hours worked are calculated in the accumulation towards one hundred and sixty (160) 160 hours. (a) For the purpose of computing time worked by a locomotive engineer during a four-week period, time shall be counted from 0001 hours on the first day of the period, until midnight of the last day of the same four-week period. (b) One calendar year shall be deemed to consist of 52 weeks. (a) Regularly assigned locomotive engineers will not be required to perform work on another assignment to make up their guarantee for the basic four-week period. (b) Work performed by an assigned locomotive engineer during layover, on other than his own assignment, shall be paid over and above the guarantee and included towards the accumulation of 160 hours for overtime purposes. 3.6 Locomotive engineers shall be allowed a minimum of eight calendar days off at their home terminal for each designated four-week period. Of the eight calendar days off, they shall be entitled to one calendar day off in each designated week, and 4 calendar days off in each two-week period. In the event that a locomotive engineer is not allowed 4 days off in each designated two-week period, the Corporation shall pay a one hour penalty to that locomotive engineer for each third and fourth day missed, without affecting the obligation of the corporation to provide 8 calendar days off in the four-week period (the obligation to provide one calendar day off in each week remains mandatory). 3.7 Locomotive engineers who do not complete their round trip assignments (except for personal or disciplinary reasons) and are returned to their home terminal ahead of time will be compensated for actual time worked, but not to be less than four hours, and their guarantee will be protected. 3.8 Regularly assigned locomotive engineers who complete their round trip assignments but are re-routed due to an emergency or service disruption will be compensated for actual time worked but not to be less than 4 hours, and their guarantee will be protected. (a) A locomotive engineer, arriving at his home terminal, and who has been awarded an assignment, which is due to operate within 10 hours of his arrival, will not have his guarantee reduced if he books rest past that assignment. (b) A locomotive engineer who is displaced will have his guarantee protected if he displaces within eight hours and fills the assignment on the first trip out. (Mackenzie) 3.10 Locomotive engineers performing service will be paid on a minute by minute basis, with a minimum of four hours in straight away service, or a minimum of eight hours when returned to their home terminal on the same calendar day. 3.11 Regularly assigned locomotive engineers who booked rest at their home terminal, which results in their missing their assignment, will have their guarantee reduced by the hours of the assignment missed, unless the relieving locomotive engineer was required to report for duty within 10 hours from the time the regularly assigned locomotive engineer booked rest. 3.12 Locomotive engineers who booked rest at an away-from-home terminal will have their guarantee reduced by all the hours of the tour of duty missed, unless the train was delayed by two or more hours which results in the regular layover now being less than six hours. 3.13 Locomotive engineers who miss work opportunities for the following reasons: (a) Leave of absence because of sickness, injury or personal reasons;