Common use of Rest Days Clause in Contracts

Rest Days. 7.1 Unless otherwise provided, a workweek of forty (40) hours consisting of five (5) days of eight (8) hours and/or four (4) days of ten (10) hours will be established. 7.2 Except as otherwise provided, employees shall be assigned two rest days in each seven. The rest days shall be consecutive as far as is possible consistent with the establishment of regular relief assignments, and the avoidance of working an employee on an assigned rest day. Preference shall be given to Saturday and Sunday and then to Sunday and Monday. The work weeks may be staggered in accordance with the Company’s operational requirements. 7.3 In any dispute as to the necessity of departing from the pattern of two consecutive rest days or for granting rest days other than Saturday and Sunday or Sunday and Monday to employees covered by Clause 7.2, it shall be incumbent on the Company to show that such departure is necessary to meet operational requirements and that otherwise additional relief or working an employee on an assigned rest day would be involved. 7.4 On positions where it is not reasonably practicable to provide regular relief each week, the rest day or days for which relief is not provided may be accumulated and granted at a later date. Such accumulation shall not exceed five (5) days and rest days so accumulated shall be allowed consecutively when five (5) days have been accumulated. However, the accumulation of a greater number of rest days and their allowance at longer intervals may be arranged by mutual agreement between the officers of the Company and the General Chairman and/or Designate. 7.5 In the event that a situation arises which makes it impracticable to assign consecutive rest days to all employees on a particular territory the following procedures shall be observed: (a) All possible regular relief positions shall be established pursuant to Clauses 7.6,

Rest Days. 7.1 Unless otherwise provided, a workweek of forty (40) hours consisting of five (5) days of eight (8) hours and/or four (4) days of ten (10) hours will be established. 7.2 Except as otherwise provided, employees shall be assigned two rest days in each seven. The rest days shall be consecutive as far as is possible consistent with the establishment of regular relief assignments, and the avoidance of working an employee on an assigned rest day. Preference shall be given to Saturday and Sunday and then to Sunday and Monday. The work weeks may be staggered in accordance with the Company’s operational requirements. 7.3 In any dispute as to the necessity of departing from the pattern of two consecutive rest days or for granting rest days other than Saturday and Sunday or Sunday and Monday to employees covered by Clause 7.2, it shall be incumbent on the Company to show that such departure is necessary to meet operational requirements and that otherwise additional relief or working an employee on an assigned rest day would be involved. 7.4 On positions where it is not reasonably practicable to provide regular relief each week, the rest day or days for which relief is not provided may be accumulated and granted at a later date. Such accumulation shall not exceed five (5) days and rest days so accumulated shall be allowed consecutively when five (5) days have been accumulated. However, the accumulation of a greater number of rest days and their allowance at longer intervals may be arranged by mutual agreement between the officers of the Company and the System General Chairman and/or Designate. 7.5 In the event that a situation arises which makes it impracticable to assign consecutive rest days to all employees on a particular territory the following procedures shall be observed: (a) All possible regular relief positions shall be established pursuant to Clauses 7.6,, 7.7 and 7.8. (b) Possible use of rest days other than Saturday, Sunday and Monday, where these may be required under this Agreement, to be explored by the parties. (c) Accumulation of rest days under Clause 7.4 shall be considered. (d) Other suitable or practicable plans, which may be suggested by either of the parties, shall be considered and efforts made to come to an agreement thereon. (e) If the foregoing does not solve the problem then some of the relief men may be given non-consecutive rest days. (f) If after all the foregoing has been done there still remains service which can only be performed by requiring employees to work in excess of five days per week, the number of regular assignments necessary to avoid this may be made with two non-consecutive days off. (g) The least desirable solution of the problem would be to work some regular employees on the sixth or seventh days at overtime rates and thus withhold work from additional relief men. 7.6 All possible regular relief assignments with five days’ work per week and two consecutive rest days and/or four days' work and three consecutive rest days (subject to Clause 7.5) shall be established to perform necessary relief work or to perform relief work on certain days and such types of other work on other days, as may be assigned under the agreement. 7.7 Where situations exist making it impracticable to establish relief assignments in accordance with the above, the officers of the Company and the System General Chairman and/or Designate may, by mutual agreement, arrange for relief assignments on such other basis as may be suitable. Consent to such proposed arrangements shall not be unreasonably withheld in cases where otherwise employees would be required to work on assigned rest days or unreasonable travel time would be involved. 7.8 Regular relief assignments may on different days have different starting times, duties and work locations provided; such starting times, duties and work locations are those of the employee or employees relieved. 7.9 Employees, if required to work on regularly assigned rest days shall be paid at the rate of time and one-half for which three hours’ service may be required, except where such work is performed by an employee moving from one assignment to another, or to or from a laid-off list, or where rest days are being accumulated under Clause 7.4. 7.10 There shall be no overtime on overtime; neither shall overtime hours paid for, other than hours not in excess of regularly assigned hours paid for on holidays or for changing shifts, be utilized in computing the forty (40) hours per week, nor shall time paid for in the nature of arbitraries or special allowances such as attending court, deadheading, travel time, etc., be utilized for this purpose, except when such payments apply during assigned working hours in lieu of pay for such hours, or where such hours is now included under existing rules in computations leading to overtime. 7.11 The term “work week” for regularly assigned employees shall mean a week beginning on the first day on which the assignment is bulletined to work.