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UNITED STATES DEPARTMENT OF LABOR L. B. Schwellenb ach, Secretary BUREAU OF LABOR STATISTICS Ewan Clague, Commissioner COLLECTIVE BARGAINING PROVISIONS Vacations; Holidays and Week-End Work UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1948 For gale by the Superintendent of Documents, U. S. Government Printing Office Washington 25, D. C. - Price 15 cents Letter of Transmittal U nited S tates D epartment of L abor, B ureau of L abor S tatistics , Washington, D. C., November 26, 1947. The S ecretary of L abor : I have the honor to transmit herewith a report on vacation and holiday and week-end provisions in collective-bargaining agreements. The report consists of two chapters: (1) Vacations, and (2) Holidays and Week-End Work, and is based on an examination of collective-bargaining agreements on file in the Bureau. Both chapters were prepared by James C. Nix, under the direction of Harold S. Roberts, Chief of the Collective Bargaining Division, Industrial Relations Branch. E w an Ciag ue , Commissioner. Hon. L. B. S chw ellenbach , Secretary of Labor. ii Preface As early as 1902 the Bureau of Labor Statistics, then the Bureau of Labor in the Department of the Interior, recognized the growing impor tance of collective bargaining, and published verbatim the bituminous coal mining agreement of 1902 between the Associations of Coal Mine Operators of Pennsylvania, Ohio, Indiana, and Illinois and the re spective districts of the United Mine Workers of America. Since 1912 the Bureau has made a systematic effort to collect agreements between labor and management in the leading industries and has from time to time published some of those agreements in full or in summary form in the Monthly Labor Review. The first bulletin entirely devoted to collective-bargaining agree ments was published in 1925 under the title “Trade Agreements in 1923 and 1924.” Similar annual bulletins were published in 1926,1927, and 1928. These bulletins analyzed only outstanding agreements affecting certain industries and certain skilled crafts in which collective bargain ing has followed a more or less established pattern. No bulletins in this field were published by the Bureau between 1928 and 1942—ra period during which collective bargaining first lost ground in the depression and then made rapid strides following the enactment of the National Labor Relations Act in 1935. The growth in tradeunion membership from fewer than 4,000,000 workers in 1935 to more than 10,000,000 in 1942 not only resulted in a large increase in the number of collective agreements covering industries hitherto not in cluded under collective bargaining, but also extended the scope and area of bargaining in individual industries. In recognition of this development, the Bureau’s 1942 report on union agreements (Bulletin No. 686) dealt with provisions and clauses on particular labor-manage ment problems rather than with the agreements on each union or industry separately. The substance and character of collective-bargaining agreements change continuously, and many of the clauses and provisions covered in Bulletin No. 686 underwent significant changes during the war emer gency, as a result not only of the normal processes of collective bargain ing but of the decisions of the National War Labor Board. New problems meant new clauses and new provisions. The Board also gave added impetus to certain forms of union security, and to certain practices, now deeply imbedded in the entire field of labor-management relations. ra IV PREFACE The liquidation of the Board, and the renewal of emphasis on free collective bargaining after VJ-day, led to a tremendous increase in the demand for information on specific current provisions in agree ments. Urgent requests came from employers and unions, from the U. S. Conciliation Service, and from mediators and arbitrators engaged in settling or preventing labor-management disputes. It was largely in response to these requests that the Bureau of Labor Statistics under took to revise and bring up to date the material on union agreements. In this revision two significant departures have been made: (1) Accumulation of data has made possible the use of a larger sample than was possible heretofore. (2) The information will be presented in a series of small bulletins, each stressing a major area of significant problem of collective bargaining. This will permit the material for each major problem to be published as rapidly as finished without waiting until all of the subjects of collective bargaining are analyzed. It will have the advantage of greater flexibility in handling specific requests for material from employers, unions, and the public. Some clauses are more or less stable and undergo relatively minor changes even over a considerable period of time and therefore need only occasional revision, whereas others undergo rather rapid change. Also, as new issues develop, it will be possible to add new bulletins to the series without revising those already published. The clauses used are designed to facilitate, but not to condition, the bargaining process. No special attempt has been made to deter mine the prevailing industry practice or the most frequently used provisions. The clauses are presented, not as models, but as a source of reference for those who participate in collective-bargaining nego tiations, by making available to them a wide variety of provisions on the specific subjects under consideration. CONTLNTS C hapter 1.—V acations Length of vacation in relation to service requirements_________________ Length of vacation same for all eligible employees: Clauses 1 -4 _____ Length of vacation graduated according to duration of employment: Clauses 5-18_________________________________________________ Effect on vacations when holidays occur during vacation periods: Clauses 19-26________________________________________________ Eligibility requirements_____________________________________________ Length of service: Effect of absences in computing length of employment: Clauses 27-33___________________________________________________ Effect of quits, discharges, or transfers in computing length of employment: Clauses 34-37_______________________________ Cut-off dates specified for completion of service requirement: Clauses 38-40____________________________________________ Minimum work requirements: Clauses 41-45--------------------------------Effect of absences on minimum work requirements: Clauses 46-50___________________________________________________ Loss of vacation rights for disciplinary reasons: Clauses 51-55__________ Vacation rights of employees leaving the company: Clauses 56-69_______ Vacation rights of employees entering and returning from military service: Clauses 70-85____________________________________________________ Vacations for part-time and seasonal workers: Clauses 86-93___________ Computation of vacation pay: Specified number of hours7 pay for each week of vacation: Clauses 94-100_________________________________________________________ Vacation pay based on average weekly earnings over specified period: Clauses 101-104________________________________________________ Vacation pay based on percentage of annual earnings: Clauses 105109 __________________________________________________________ Central fund financed by employer and administered by union: Clause 110 ________________________________________________________ Flat sum payment: Clauses 111-113________________________________ Basis of computation different for time and piece workers: Clauses 114115___________________________________________________ Other vacation pay provisions: Clauses 116-122_____________________ Pay in lieu of vacation: Clauses 123-130________________________________ Timing of vacation periods: Vacation schedules: Clauses 131-146________________________________ Cumulation of vacations: Clauses 147-150__________________________ Split vacations: Clauses 151-154___________________________________ Combining vacation with sick leave: Clauses 155-157____________________ v 2 3 3 6 6 7 8 8 9 10 11 12 14 17 20 21 21 22 22 23 23 24 25 27 28 28 VI CONTENTS Chapter 2.—H olidays and Week -E nd Work Page Observance of holidays: Clauses 1-18_________________________________ Limitations on holiday work: Clauses 19-31___________________________ Making up holidays: Clauses 32-37___________________________________ Holidays with pay: Clauses 38-49____________________________________ Computation of pay for holidays not worked: Clauses 50-58________ Eligibility for pay on holidays not worked: Clauses 59-69__________ Premium rates for work on holidays: Clauses 70-82____________________ Premium rates and limitations on week-end work: Clauses 83-104_____ Eligibility for premium pay on week-ends: Clauses 105-109____________ Index of clauses____________________________________________________ 30 32 34 35 37 39 41 44 47 49 Bulletin 7no. 908-2 of the £ United States Bureau of Labor Statistics Collective Bargaining Provisions Vacations; Holidays and Week-End Work Chapter 1.— V acations “The enjoyment of a vacation with pay has long been one of the more important aspirations of American labor. It has been a goal of labor, not only because it makes possible leisure and relief from every day cares and duties, but also because the right to a vacation with pay is a mark of social status and a recognition of the worth and .dignity of the ordinary laboring man.” 1 Paid-vacation clauses are now a standard feature of union agree ments in most industries. Although vacations for white-collar work ers have been common practice for many years, the extension of vaca tions to manual workers has been a relatively recent development. In 1940, only about 25 percent of all workers under union agreement were covered by paid-vacation clauses; by the end of 1944, the latest year for which figures are available, the proportion had increased to 85 percent.2 Paid vacations are least prevalent in seasonal and casual industries, of which the building trades may be regarded as an outstanding ex ample. In these fields, work is irregular and the individual worker may have a number of different employers during a single year. This difficulty is sometimes solved by pooling employers’ contributions into a central fund from which vacation allowances are paid to eligible workers. Arrangements of this type are especially frequent in the clothing trades. The increased acceptance of the principle and practice of paid vaca tions for wage earners was due largely to the influence of the growing trade-union movement, but the recognition by management of the genuine benefits that workers and the industry as a whole derive from vacations and the National War Labor Board’s policy of approving or ordering vacations gave added impetus to the inclusion of vacation clauses in collective-bargaining agreements.* 1 Report of the President’s Emergency Board in the 1941 railroad case. * For inform ation on the prevalence of paid-vacation plans, by industry, and the details of such plans, see Bureau of Labor S tatistics Bulletin No. 811, “Paid Vacations in American Industry, 1943 and 1944,” x 2 COLLECTIVE BARGAINING PROVISIONS Unions base requests for paid vacations on the need to combat fatigue and to maintain good health, and on the beneficial effect of relaxation and recreation upon labor morale, productive efficiency, and the standard of living of the workers concerned. It is also contended that paid vacations reduce labor turn-over because they act as a strong deterrent when an employee thinks of quitting his job. In cases in which vacation privileges vary with seniority, the deterrent grows stronger as seniority accumulates. During the war, the National War Labor Board justified and ap proved paid vacations as a highly effective aid in securing maximum individual and plant production. The general policy of the Board was to approve or order 1 week’s vacation for 1 year of service, and 2 weeks for 5 or more years of service.3 The length of vacation allowed in relation to service requirements is the major issue in collective bargaining pertaining to vacations. In determining the length of service necessary to earn a specified vacation period, a number of related problems arise. The parties may wish to define “service” in order to make clear whether or not breaks in service affect an employee’s vacation rights, and they may spell out justifiable absences from work which have no effect on vaca tion privileges. Special groups of employees, such as veterans, parttime workers, and employees leaving the company, may be considered separately and granted vacation rights different from those of other employees. Problems arise over the computation of vacation pay for different categories of employees, such as pieceworkers, hourly-paid workers, and salaried workers. Other problems to be resolved con cern pay in lieu of vacation, and the time at which vacations are taken. Length of Vacation in Relation to Service Requirements Practically all agreements with vacation provisions require em ployees to have been employed a specified minimum length of time with the company in order to qualify for a paid vacation. In the great majority of union agreements, the eligibility period for a week’s vacation is established at 1 year, although longer or shorter qualifying periods are sometimes specified. Prorated vacation periods of less than 1 week are sometimes allowed employees who have insufficient service for a full week’s vacation. 8 “ * * * However, it is our view that it is w ithin the discretion of the regional boards to order or approve vacation plans providing for 2 weeks after 5 years of service even though it is not shown that such provisions are the prevailing practice in the local area or in the particular industry. We have therefore denied the appeal in this case, despite the fact that there is no finding by the regional board that such a plan is the prevailing prac tice in the industry or the area. We have adopted this policy because of our conviction that the practice of granting 2 weeks’ vacation with pay to employees of 5 years or more service has increasingly become a normal practice in American industry throughout the country.” (Fulton Iron W orks Company, 15 War Labor Reports 231.) VACATIONS 3 In some cases, agreements allow a fixed length of vacation to all eligible employees, regardless of differences in duration of em ployment beyond the qualifying period. More frequently, however, the length of vacation is graduated according to length of service. Length of vacation may be affected by holidays which occur during the vacation period. In some agreements such holidays are added to the length of vacation specified, either as an extra day or an extra day’s pay; in others, the holiday is counted as part of the vacation. LENGTH OF VACATION SAME FOR ALL ELIGIBLE EMPLOYEES 1. One Week's Vacation A fter 6 Months' Service Commencing with the year 1944, all employees covered by this agreement who have been employed by the company for at least 6 months prior to the commencement of the vacation period, and who are employed at the com mencement of the vacation period, shall receive a 1-week vacation with pay annually. 2. One Week A fter 1 Year Employees who have been in the employ of the employer for 1 year or more shall be entitled to 1 week’s vacation with full pay. 3. Two Weeks A fter 1 Year All employees who have been on the pay roll of the employer for a continu ous period of at least one (1) year prior to June 1 shall be entitled to a vacation of two (2) weeks with pay. 4. Two Weeks' Vacation to All Union Members; No Service Requirement Specified The employer agrees to grant all union members covered by this agreement two (2) weeks’ vacation with pay or two (2) weeks’ pay in lieu of vacation. LENGTH OF VACATION GRADUATED ACCORDING TO DURATION OF EMPLOYMENT 5. One Week A fter 6 Months, 2 Weeks A fter 1 Year Employees who have been in service for six (6) months shall be entitled to 1 week’s vacation with full pay. Employees who have been in service for one (1) year or more shall be entitled to an annual vacation of two (2) weeks with full pay. 6. One Week A fter 6 Months Plus 1 Day Extra Per Month Up to 1 Year, 2 Weeks A fter 1 Year, 3 Weeks A fter 5 Years Each employee shall receive two (2) weeks’ vacation after 1 year’s employ ment; three (3) weeks’ vacation after 5 or more years of employment; one (1) week’s vacation after 6 months’ employment and 1 day for each additional month up to twelve (12) months. It is the intention of the above that employees (except those employed five (5) years or longer) shall receive twelve (12) working days of vacation per year. 7. One Week After 1 Year, 2 Weeks A fter 2 Years All employees, upon completion of one (1) year of continuous service, shall be entitled to one (1) week’s vacation with full pay based on full time weekly pay in the 3 months prior to vacation time. After completing two (2) years’ service, employees shall be entitled to two (2) weeks’ vacation with full pa> computed as above. 769415°—48-------2 4 COLLECTIVE BARGAINING PROVISIONS 8. One Week A fter 1 Year, 2 Weeks After 3 Years Any regular employee who has been in the service of an employer continuously for 1 year shall be given an annual vacation of 1 week with pay, and any regular employee who has been in the service of the employer continuously for 3 years shall be given an annual vacation of 2 weeks with pay. 9. One Week After 1 Year, iy2 Weeks After 3 Years, 2 Weeks A fter 5 Years All employees covered by this agreement who shall have been employed con tinuously for the period specified below shall receive the following annual vacations with p ay: 1 year but less than 3 years_____________________________1 week 3 years but less than 5 years_________________________ 1 y2 weeks 5 years or more_____________________________________ 2 weeks 10. One Week A fter 1 Year, 2 Weeks A fter 5 Years Employees having at least one (1) year but less than five (5) years of service shall receive one (1) week’s vacation with pay, computed on the basis of 2 percent of his straight-time earnings for the preceding calendar year. Employees having five (5) years or more of service shall receive two (2) weeks’ vacation with pay computed on the basis of 4 percent of his straight-time earnings for the preceding calendar year. 11. One Week A fter 1 Year, 2 Weeks A fter 5 Years, 3 Weeks A fter 15 Years Each employee who has completed 1 year of continuous employment will receive 1 week’s vacation. Each employee who has completed 5 years’ continuous service will receive 2 weeks’ vacation. Each employee who has completed 15 years of continuous service w ill receive 3 weeks’ vacation. 12. Twenty-one Days A fter 1 Year, 10 Days After 6 Months In view of the nature of operations, the company agrees that after 1 year of continuous service, every member of the crew shall be entitled to an annual vaca tion of twenty-one (21) days with pay. If any employee has 6 months’ continuous service, he may be granted a vaca tion of not more than ten (10) days with pay, but such period will be deducted from the twenty-one (21) days. Norn— -This clause is taken from an agreement covering unlicensed personnel on tankers. 13. Vacation Prorated According to Months and Years of Service (Additional allowances made when plant is on 6-day workweek). Any employee on the pay roll on May 31 of the current vacation year who prior to June 1 of that year has had the length of continuous employment specified in the table below, shall be entitled to the corresponding vacation with pay, at the basic rate of pay. The word “days” means working days of eight (8) hours: 6 months but less than 8 months_________________________ 2 days 8 months but less than 10 months_______________________ 3 days 10 months but less than 12 months--------------------------------- 4 days 1 year but less than 2 years------------------------------------------ 5 days 2 years but less than 3 years___________________________ 6 days 8 years but less than 4 years----------------------------------------7 days 4 years but less than 5 years----------------------------------8 days 5 years but less than 6 years------------------------------------------ 9 days 6 years or over--------------------------------------------------------------10 days So long as 6-day operations prevail, the above schedule shall be modified so that employees with 1 year or over, but less than 6 years of continuous employ ment shall be granted 1 additional day of vacation, and employees with 6 years 5 VACATIONS or over of continuous employment shall be granted 2 additional days of vacation at straight time basic rates. 14. Employees W ith Insufficient Service for 1 Week's Vacation Receive 1 D ay for Each 8 Months' Service (From an agreement which allows 1 week to em ployees with 1 year’s service and 2 weeks after 5 years). Employees with less than one (1) year’s service shall be allowed a vacation of one (1) day for each three (3) months’ service, with vacation pay computed on the basis of one-fifth of one (1) week’s vacation pay for each day of vacation. 15. One Day for Each Year; Maximum of 10 Days' Vacation All employees shall receive 1 day’s vacation with pay for each year’s service, as of July 1st, with 10 days maximum, payable July 15. 16. Extra 2 Weeks' Vacation Granted Every Fifth Anniversary Year After 19 Years' Service Each regular employee who has been in continuous service of the company for 1 year, shall be entitled to 1 week’s vacation with full pay. Each year thereafter he will be entitled to 2 weeks’ vacation until he has completed 19 years’ continuous service with the company, at which time he will be entitled to 4 weeks’ vacation with full pay, and during each succeeding fifth year thereafter he will be entitled to 4 weeks’ vacation with full pay. 17. Sex Differential in Service Requirement for 8 Weeks' Vacation Employees who have received their first vacation are thereafter eligible to receive subsequent annual vacations any time on or after January first. The length of the vacation will depend upon the length of their accumulated service and upon their se x : One-week vacation annually until an employee’s accumulated service equals five (5) years. Two weeks’ vacation annually thereafter until a female employee’s accumulated service equals fifteen (15) years and a male employee’s service equals twenty (20) years. Three weeks’ vacation annually thereafter. 18. Vacation Allowances Different for Hourly Paid and Salaried Foremen All hourly paid supervisory employees shall receive paid vacations in conform ance with the following schedule: L ength of service Duration of vacation Less than 1 month-------------------------------------- None 1 month but less than 2 months_____________ % day 2 months but less than 3 months----------------- 1 day 3 months but less than 4 months_____________ 1% days 4 months but less than 5 months----------------- 2 days 5 months but less than 6 months____________ 2% days 6 months but less than 7 months____________ 3 days 7 months but less than 8 months_____________ 3% days 8 months but less than 9 months-------------- 4 days 9 months but less than 10 months_________ 4% days 10 months but less than 2 years_____________ 5 days 2 years but less than 3 years----------------------- 7 days 3 years but less than 4 years----------------------- 8 days 4 years but less than 5 years________________ 9 days 5 years or longer----------------------------------------- 10 days (4 hours) (8 hours) (12 hours) (16 hours) (20 hours) (24 hours) (28 hours) (32 hours) (36 hours) (40 hours) (56 hours) (64 hours) (72 hours) (80 hours) All salaried employees shall receive paid vacations in conformance with the following schedules: 6 months’ service_____________________________________ 1 week 1 year or longer__^_,._,,______._________________________2 weeks 6 COLLECTIVE BARGAINING PROVISIONS EFFECT ON VACATIONS WHEN HOLIDAYS OCCUR DURING VACATION PERIODS 19. Additional Day's Pay Added to Vacation When a holiday falls during an employee’s paid vacation, such employee shall receive an additional day’* pay for such holiday. 20. Additional D ay of Vacation In the event a holiday, as provided in this contract, falls during the period of an employee’s vacation, such employee shall be granted an extra day vacation. 21. Additional Day Given Only to Those Meeting Minimum Work Requirement If a holiday occurs during that calendar week in which the vacations are taken by any of the employees, one additional vacation day shall be taken because of such holiday by all individuals who are entitled to a complete vacation based on fourteen hundred (1,400) hours worked, but no additional day of vacation shall be granted to those who are taking vacations based on less than fourteen hundred (1,400) hours worked. 22. No Allowance for Holidays Holidays falling within a vacation period are to be counted as vacation days and not additional to the vacation period. 23. No Extra Compensation for Holidays Occurring During Vacation Unless Em ployer Ordered Vacation at That Time In the event an employee should elect to take his vacation during a week in which one of the holidays set forth in this contract falls, then the employee shall receive no extra com]sensation for the holiday. In the event the employer shall order the employee to take his vacation during the week in which one of the holidays set forth in this contract falls, then the employee shall receive the compensation set forth herein for his vaca tion pay plus 1 extra day’s pay at straight time to compensate him for that holiday pay. 24. Employer Has Option of Extending Vacation by 1 D ay or Paying Additional Compensation for the Holiday If one of the legal holidays for which straight time is paid as provided in article IX falls within the vacation period, the company may either extend the vacation by 1 day or may pay the additional compensation for the holiday. 25. Employee Has Option of Extending Vacation by 1 Day or Accepting Additional Compensation for the Holiday If a holiday occurs during an employee’s vacation, the employee shall have the option of taking an extra day after the vacation or an extra day’s pay for the holiday. 26. Holidays May Be Accumulated and Added to Vacation Period Each technician shall receive 1 additional day off for each of the following holidays: New Years Day, Decoration Day, Fourth of July, Labor Day, Thanks giving Day, and Christmas. * * * If the technician so desires, the holidays may be accumulated and added as an extra week’s vacation to the regular vaca tion hereinabov3 provided, if written notice of his desire to do so is given the employer on or before December 15 of the preceding year. Eligibility Requirements LENGTH OF SERVICE Practically all agreements with vacation clauses require workers to be employed a specified length of time before they are eligible for VACATIONS 7 paid vacations. Often, the necessary minimum service must be com pleted by a specified eligibility date or before the end of the fixed vacation period. Many agreements provide that absences from work caused by per sonal reasons or temporary lay-offs do not break continuous service for vacation purposes. On the other hand, absence in excess of a limited period, discharge, or resignation generally causes a break in service, the loss of credit for all previous service, and the forfeiture of all rights based on seniority, including vacation rights. A few agreements, on the other hand, credit part or all of previous service to employees rehired after resignation or discharge. Where agreements provide for the accumulation of seniority dur ing lay-off, time lost because of lay-off is not deducted from the em ployee’s service record, provided the lay-off is not of such length as to constitute a break in service. Where time lost because of lay-off is not credited in computing length of service, employees get credit only for time actually worked in accruing the length of service necessary for a vacation. EFFECT OF ABSENCES IN COMPUTING LENGTH OF EMPLOYMENT 27. Time Lost Because of Lay-off, Sickness, or Leave of Absence Not Deducted From Employee’s Length of Service It is agreed, should anv employee during the course of the year prior to June 30 of the vacation year be laid off because of lack of work or other reasons beyond his control, or absent on leave of absence, or absent because of sickness, [he] shall receive the vacation pay he had accumulated up to June 1st and shall be given full credit of this absence as time worked in computing their time of continuous employment. 28. Time Lost As the Result of an Accident Counts as Part of Continuous Service For purposes of vacation “continuous employ” is defined as employment un interrupted by absence due to discharge, unless re-hired within thirty (30) days, or due to voluntary severance of employment by the employee. Time lost as a result of an accident recognized by the State Industrial Accident Commission of Oregon, or the Department of Labor and Industries of Washing ton, suffered during the course of employment, shall be counted as part of continuous employment. 29. Time Lost Because of Strike Not Deducted in Determining Length of Service The company will permit days lost because of the strike ending June 17, 1946, to be computed as days worked for the purpose of figuring vacations, but it is understood that only those employees who return to work within 15 days from the date they are requested to return to work and who work a minimum of 4 weeks after their return shall be entitled to such credit toward their vacation. 30. Leaves of Absence Up to 6 Months Included in Computing Length of Service For the purpose of this section, time off the pay roll due to requested leaves of absence in excess of six (6) months, shall not be counted in computing time for vacation pay. 31. Lay-off Up to 6 Months Not Included in Computing Length of Service If an employee s’ all be laid off for a period of over 6 .months, the part of such period over 6 months shall not be included as part of his length of service with the company. 8 COLLECTIVE BARGAINING PROVISIONS 32. Absence up to 60 Consecutive Working Days Does Not Break Continuous Service for Vacation (Sixty-day allowance intended to cover only absences due to sickness, lay-off, or other unavoidable causes.) Continuous service in the vacation plan is defined as service of an employee who has not been absent for a period of over 60 consecutive working days. This 60-day break is intended to include absence from duty because of sickness, lay-off, or other unavoidable causes, and is not calculated to include any break in service caused by the employee voluntarily leaving the service, or absenting himself from duty without good cause. 33. Only Time Actually Worked Considered in Determining Length of Service In determining length of service, only the time actually worked shall be con sidered. No credit shall be allowed while on leave of absence (except while in the armed forces of the United States), while on strike, or while laid off. EFFECT OF QUITS, DISCHARGES, OR TRANSFERS IN COMPUTING LENGTH OF EMPLOYMENT 34. Employees Rehired A fter Quit or Discharge Receive No Credit for Service Prior to Such Termination Employees on the company’s roll during the current calendar year are eligible for vacation with pay based on their total service with the company to and including December 31 of the preceding calendar year, excluding any service prior to a quit or discharge. 35. Allowance Made for Previous Service With Employer, Even if Interrupted Employees who, on May 31 have had at least twelve (12) months of continuous employment will be given full credit for all previous employment with the employer, for the purpose of computing their vacation, even if such employment has been interrupted. Employees who, on May 31, have had at least six (6) months’ but less than twelve (12) months’ continuous employment will receive a proportionate credit for all previous employment, up to five (5) years as follow s: If they have been continuously employed six (6) months but less than eight (8) months, they will receive credit for one-half of such previous employment. If they have been continuously employed eight (8) months but less than ten (10) months, they will receive credit for two-thirds of such previous employment. If they have been continuously employed ten (10) months but less than twelve (12) months, they will receive credit for five-sixths of such employment. 36. Employees Rehired After Lay-off Given Credit for Service Prior to Lay-off; No Credit for Previous Service if Rehired A fter Quit or Discharge In calculating length of service, if an employee was discharged for cause or quit without leave and was reemployed at a later date, the length of service will be counted from the date of reemployment. If an employee was laid off for lack of work and later reemployed, credit will be given for the service before the lay-off. 37. Employees Transferred to Another Plant of Same Company Retain Service Accumulated Prior to Transfer An employee transferred from another plant or office of t h e ___________ company to t h e ----------------- plant will be given credit for his length of service elsewhere with the employer for the purpose of computing his vacation rights. CUT-OFF DATES SPECIFIED FOR COMPLETION OF SERVICE REQUIREMENT 38. Length of Service Required for Vacation Must Be Completed by Specified Eligibility Date All employees of the company who are in the employ of the company on June 30 and who have been continuously employed by the company for 1 year or VACATIONS 9 more prior to that date shall be entitled to 1 week’s vacation with pay- All em ployees of the company who are in the employ of the company on June 30 and who have been continuously employed by the company for 5 years or more prior to that date shall be entitled to two (2) weeks’ vacation with pay. N ote : A provision of this type may be a hardship on an employee whose an niversary date of employment occurs shortly after the vacation eligibility date. For example, an employee hired July 15 would not be entitled to a vacation the following year because he would have only 11% months’ service by June 30; he would have to work almost 2 years for his first vacation, although nominally the agreement calls for only 1 year’s service. 39. Service Requirement To Be Completed as of Individual Employee's An niversary Date Vacation period for eligibility will be computed as of anniversary date and if an employee from his anniversary date is in continuous service of the company for 1 year he is entitled to one (1) week vacation during that year. N ote : A clause of this type is preferable to the preceding clause from the em ployee’s viewpoint, in that there is no possibility of his having to work longer than the specified length of service before receiving his vacation as might be the case if there were a vacation eligibility date for all employees. ( See note on preceding clause.) 40. Employee Allowed Vacation if Service Requirement Completed Between Two Specified Eligibility Dates Length of service shall be determined as of May 1 of each year. If an employee shall complete 1 or 5 years of continuous service, as the case may be, on a date between May 1 and November 1 of any year, he shall, after having completed such service, be entitled to a vacation as though he had completed such 1 to 5 years of continuous service, as the case may be, on May 1 of said year. MINIMUM WORK REQUIREMENTS Service requirements for vacation eligibility refer to the length of time the employee has been employed by the company. Some vacation provisions, in addition, require that an employee must actually have worked a specified minimum time during the preceding year in order to qualify for a paid vacation. The minimum work requirement may be expressed as a specified number of hours, days, weeks, months, or pay periods to be worked during the year. Where the minimum time is stated in days, weeks, months, or pay periods, the employees usually receive credit for the entire time unit if they work any part of it. At times, workers may be unable to fulfill the minimum work require ments because of reasons beyond their control, such as l^ -o ff, sickness, and accident, and thereby may be deprived of paid vacations. To cover such situations, many agreements make allowances for such absences, up to a maximum amount, by counting such lost time as time worked. U n io n usually oppose minimum work requirements on the ground that once an employee has accumulated sufficient continuous service to entitle him to a vacation, he should receive that vacation as long as he 10 COLLECTIVE BARGAINING PROVISIONS remains a company employee. Employers, on the other hand, con sider work requirements justified in order to withhold vacation from employees who were absent many times during the year, either volun tarily or because of lay-off. 41. Minimum Work Requirement of 1,200 Hours During Year All employees who on April 1, 1946, have been continuously in the service of the company for one (1) year and less than five (5) years and who have worked at least 1,200 hours during the twelve (12) months prior to April 1, 1946, shall be entitled to a vacation with pay or vacation allowance of one (1) week (40 hours). All employees who on April 1, 1946, have been continuously in the service of the company for five (5) years or more and who have worked at least twelve hundred (1,200) hours during the twelve (12) months prior to April 1, 1946, shall be entitled to a vacation with pay or vacation allowance of two (2) weeks (80 hours). 42. Minimum Work Requirement of 88 Weeks During Year Employees in order to be eligible for vacations must work at least a part of each of thirty-eight (38) weeks in the fifty-two (52) weeks prior to June 1. N ote : A work requirement of this type may be le s s stringent than one stated in hours, since the employee need work only part of the week in order to receive credit toward meeting the minimum requirement. 43. Earnings in 75 Percent of Pay Periods Required, as Well as Minimum Number of Hours Conditions of eligibility. In addition to the periods of continuous service specified above, the following are conditions of elig'bility for a vacation with pay: (a) The employee must have actually worked at least 1,600 hours during the qualifying year. (b) The employee must have earned pay during at least 75 percent of the pay periods during the qualifying year. 44. Alternative of 760 Hours or 95 Reports for Work During Year Any employee who has 1 year of service on July 1, 1946, or who completes 1 year of service prior to January 1, 1947, shall receive 48 hours’ vacation; those completing 5 years of service during the same period, shall receive an additional 48 hours. To qualify for vacation an employee must have worked 760 hours or 95 reports during the 12-month period prior to his anniversary date. 45. Differential in Minimum Work Requirement for 1-Week and 2-Week Vacations Any employee completing 1,350 hours in any one contract year shall be entitled to one (1) week vacation with pay during the first three (3) consecutive years, and two (2) weeks’ vacation with pay thereafter, during any contract year that the employee completes 1,500 hours. EFFECT OF ABSENCES ON MINIMUM WORK REQUIREMENTS 40. Time Lost Through Lay-off up to 90 Days Counted as Time Worked in Determining Vacation Eligibility Each employee shall be considered as having a year’s continuous service and a year’s eligibility for vacation for each completed year, starting from the date of his employment, in which he has worked at least twelve hundred (1,200) straight-time hours for the company. Any employee laid off through reduction of force, or any other reason beyond the employee’s control and reemployed within ninety (90) days, shall be con VACATIONS 11 sidered as having been continuously employed and accumulating Straight-time hours worked at the rate of eight (S) for each working day during such lay-off, as regards vacation rights. 47. Minimum Work Requirement of 10 Months, but Exception Made for Absences Beyond Control of Employee To qualify for vacation pay an employee must have worked ten (10) months of the 12 months immediately preceding July 1 of the vacation year, except in cases beyond the control of the employee, such as sickness or accident. 48. Allowance of 50 Days for Illness or Injury in Meeting Minimum Work Requirement For vacation purposes actual absences from scheduled work due to illness or injury up to fifty (50) days per calendar year shall be counted as days worked provided that employees claiming such credit file with the company’s medical department within ten (10) days after they return to work a written statement signed by their attending physician certifying to the period of such disability. 49. Allowance of 35 Days9 Absence in Addition to Time Lost Because of Lay-offs, Injury, and Illness An employee who is enrolled on the active employment rolls of the company for thirty-two (32) or more weeks in the year period immediately prior to the vacation eligibility date and who has been enrolled on the employment records for 1 year or more and whose absences from his regularly scheduled work, except for lay-offs and time off because of work injury or proven illness in the year immediately prior to the first day of the vacation period, have not aggregated more than thirty five (35) days shall be entitled to a vacation of 1 week. 50. Employees Failing to Work 185 Days During the Year Receive Vacation Pro portionate to Number of Days Worked An employee to be entitled to a full vacation period and having completed 1 year’s continuous service must have worked at least 185 days during the year immediately preceding the vacation period. In the event the employee has not completed 185 days of work during said year, he will and shall be entitled to only such portion of the vacation as the ratio of the actual days worked during the year bear to the required number of days to be worked in order to qualify for the said vacation. Loss of Vacation Rights for Disciplinary Reasons A few agreements penalize employees for infraction of company rules or unexcused absences by canceling their vacation rights, either in whole or in part. 51. P artial Loss of Vacation for Failure To Report Accident If an employee, subject to this agreement, fails to report an accident, charge able or otherwise, he shall forfeit fifty (50) percent of his otherwise earned vaca tion for the whole year period during which such failure to report an accident occurred. 52. Absence Without Permission or Excuse Forfeits Vacation Rights Any employee absent from work without permission or reasonable excuse for seven (7) consecutive working days shall forfeit the vacation rights provided herein. 53. Excessive Tardiness or Absence Without Permission Cancels Vacation Rights Any employee who, during the stated period (1) has been late for work more than 15 times, transportation delay excepted; (2) has been absent for a total of 769415°— 48------3 12 COLLECTIVE BARGAINING PROVISIONS 45 days; (3) has been absent from work more than 3 consecutive days without permission of his foreman; (4) has been absent a total of 15 days without per mission of foreman, will not be entitled to the vacation with pay herein provided for; provided, however, any employee who suffers an accidental injury in the course of his employment, during the stated period, shall not be denied his vaca tion pay because of absence accruing from his injury provided he returns to work at the end of his healing period or period of temporary disability. 54. Refusal To Work During Shut-Down Periods Disqualifies Employee All employees who have been employed for a period of one (1) year dating from the date of their entering the employ of the company shall receive one (1) week’s vacation with pay provided that such employees have not refused to work during shut-down periods. 55. Vacation Reduced One-twelfth for Each 80 Days’ Absence The foregoing vacation allowance shall be reduced one-twelfth (%2 > for each aggregate of thirty (30) days’ absence during the twelve (12) months’ period for which the vacation allowance is granted. Vacation Rights of Employees Leaving the Company Many agreements grant vacation pay to employees who have ac crued vacation rights but are discharged or laid off, or who resign prior to taking their vacation. Other agreements prohibit the grant ing of vacation allowances to employees leaving the company. A compromise arrangement found in some agreements provides prorated vacation pay to employees who leave before completing the require ments for a full vacation. I f an employee has earned a vacation but dies before taking it, agreements sometimes require payment for the unused vacation time to the employee’s next of kin. 56. Employees Leaving the Company Receive Pay for Vacation Earned If any employee who is entitled to a vacation under this article, but who has not taken it, should quit, be discharged, or whose employment is otherwise ter minated, he shall be paid his vacation money at the time of drawing his final payment for services. 57. Pro Rata Vacation Allowance Given Upon Termination of Employment Any employee who has qualified for vacations with pay, who is laid off or discharged or who resigns, shall receive vacation wages prorated on the basis of the period worked at the time of said interruption or termination of em ployment. 58. Pro Ratta Vacation Allowance to Employees With Less Than 1 Year’s Service Any eligible employee who is permanently laid off, discharged, or inducted into the armed forces of the United States, shall be paid for his accrued vacation at the time of such lay-off, discharge or induction. Those employees who have been separated from their employment through no fault of their own and who have had less than one (1) year’s service, but more than six (6) months’ service, and who have averaged at least one hundred (100) straight-time hours per month shall be granted proportional vacations with pay hereunder in the same relation that their number of months of service bears to 1 year of service. 59. No Pro Rata Allowance for Employees Ineligible for a Full Week’s Vacation Earned vacation shall be allowed upon resignation; provided, however, that a full week’s vacation or 2 weeks’ vacation, whichever the case may be, has been earned. VACATIONS 13 60. Pro Rata Vacation Pay to Laid-off Employees Who Have at Least 6 Months9 Service in Current Year Any employee who has had six (6) months or more of continuous service in the current vacation year shall receive proportionate vacation pay in the event he is laid off for an indefinite period. 61. Laid-off Employee Receives Vacation if Reemployed Within 12 Months Any employee who is eligible for a vacation and who is laid off prior to De cember 31 of that year will receive his vacation if he is reemployed by the com pany within twelve (12) months of the date of his lay-off. 62. Vacation Allowance More Generous for Employees Laid Off Than for Em ployees Quitting or Discharged (Allowance given at the time of lay-off to be deducted from any vacation payment made after recall). Employees who voluntarily quit or are discharged will forfeit accumulated vacations for the current year but will be entitled to vacation allowance earned in the previous year. Employees who are laid off after completing twelve (12) months’ continuous service shall be paid for vacations earned during the previous year plus any vacation earned during the current year. Employees recalled during the same calendar year in which they were laid off shall be credited with the total hours worked during the calendar year and shall receive a vacation based on the above schedules less any allowance made at the time of lay-off. 63. Employees Who Resign or Are Discharged Receive Pay Only for Vacation Which Has Been Postponed An employee who is entitled to a vacation and whose vacation has been postponed at the request of company, union, or the individual, and who resigns or is discharged shall be paid the vacation-pay allowance. This applies only to the vacation which has been postponed and does not apply to any proportional parts of subsequently accrued vacation. 64. Pro Rata Vacation Pay if Employer Disposes of His Establishment In the event any employer, party hereto, should sell, lease, transfer, or assign his plant or establishment, he shall pay to each of his employees upon his pay roll the day of such sale, assignment or lease the pro rata portion of the vacation pay earned by each employee hut not received for the then-current year. 65. In Case of Death, Accrued Vacation Pay Given to Employee's Estate If an employee shall have earned a vacation in accordance with the schedule provided and shall die before taking his vacation, his vacation pay shall be paid to his estate. 66. Accrued Vacation Pay Given Upon Termination of Employment Even Though Employee Does Not Give Notice of Resignation If any employee who has not taken his vacation earned by his service leaves (regardless of whether he gives notice) or is separated for any reason other than dishonesty, or goes into the military service, he will receive his vacation pay at the time of leaving whether he had planned to take pay in lieu of racation or to take his vacation. 67. Employees Discharged for Cause or Who Quit Without Notice Forfeit Vaca tion Pay Employees eligible for vacations who have not received their vacation or vaca tion pay and who voluntarily quit after giving 1 week’s written notice and em ployees entitled to a vacation who are laid off permanently shall receive their vacation pay. Employees who quit without giving 1 week’s written notice or 14 COLLECTIVE BARGAINING PROVISIONS employees who are discharged for stealing, sabotage, or insubordination, shall not be entitled to vacation pay. 68. Termination of Employment Forfeits Vacation Rights An employee whose employment with the company shall be terminated before taking a vacation in any year shall not be entitled to any vacation pay for that year. 69. Employees Discharged for Cause Granted Vacation Pay, Those Quitting Voluntarily Forfeit Vacation Employees who voluntarily leave the service of the employer prior to the designated vacation period, will forfeit all vacation rights and privileges. Employees who enter the armed forces of the United States, or who are dis charged for cause, during the term hereof and prior to their vacation assignment date, shall be granted vacation pay, provided they have otherwise fulfilled the requirements for a vacation with pay. Vacation Rights of Employees Entering and Returning from Military Service During the war, induction into the armed services created a problem concerning the vacation rights of employees who were inducted. Many agreements allow employees leaving for military service vaca tion pay either in full or in proportion to the time worked before induc tion. In some cases, agreements having minimum work requirements waive such requirements for inductees. In a recent study of union agreement provisions relating to veterans’ rights,4 the Bureau of Labor Statistics found that about one-fifth of the agreements examined made certain modifications in vacation eligibility requirements for veterans in the year of their return from military service. Generally, these agreements state that a veteran otherwise eligible shall be given a vacation in the year of his return, even though he has not fulfilled the requirement of having worked a specified minimum number of hours during the year. Agreements often specify that time spent in the armed forces is to be counted as part of the service necessary for vacation eligibility.5 In some cases, such employees must return to the company before a specified eligibility date in order to receive the vacation allowance; employees returning after the eligibility date may receive a partial allowance. Computation of vacation pay for returning veterans raises special problems. Where vacation pay is computed as a percentage of annual earnings, veterans who have worked only a part of the year may receive 4 “Veterans’ Rights Under Union Agreements,’’ Bureau of Labor Statistics, Washington. D. C., October 1946. Mimeographed. 8 The Selective Service Act has no provision covering this point directly, but an inter pretation issued by the Selective Service System states that the veteran’s ri'rht to vacations upon reinstatem ent is determined by the rules relating to employees on leave, in effect when the veteran entered m ilitary service, and “when such rules and practices provided for a consideration of length of service with the employer in determining eligibility for such benefits the veteran is entitled to have the time spent in m ilitary service added to his length of service w ith the employer.” VACATIONS 15 very little pay for tS eir vacation tim e; some agreements meet this prob lem by guaranteeing the veteran a minimum amount of vacation pay. In other agreements the rate of vacation pay is calculated from the average of the department or occupational group to which the employee returns. 70. Two Weeks* Vacation Pay to Inductees with 6 Months9 Service For the duration, any employee who is going into military service shall receive two (2) weeks* base pay in lieu of vacation if he has completed six (6) months of service. 71. Inductees and Veterans Receive Full Vacation Pay All employees with a record of 1 year’s standing (June 1, 1945, to May 13, 1946) shall receive as compensation for the above-mentioned vacation period the sum of one hundred dollars ($100), with the following exception: Employees who entered the armed services and those who returned from the armed services to their jobs during the qualifying period shall receive $100 vacation pay ment. 72. Vacation Allowance Graduated According to Length of Service at Time of Induction It is agreed that full-time employees who have entered the armed services of the United States on or after May 27, 1945, and who at the time of such entry had been continuously in the service of the company for a period of 1 year, shall receive 1 week’s vacation pay. All such employees who had been in such employ for 5 years or more at the time of entry into the armed services shall re ceive 2 weeks’ vacation pay. Payment of vacation to the eligible employees in the armed services shall be made during the week May 12 to 18, inclusive, 1946. 73. Inductee Receives Vacation Due Him or Which Would be Due Him Had He Worked Until the Eligibility Date Any employee who volunteers or is inducted for military service on or after January 1 and before receiving his vacation during the then current calendar year, shall receive, at the time of enlistment or induction, full vacation pay for vacation then due him or which would be due him for that calendar year had he remained in the employ of the employer until June 1 of that calendar year and would then be qualified by the necessary years of continuous service with the employer. 74. Pro Rata Vacation Pay to Inductees Employees entering the armed forces of the United States for military training and service who meet the requirements with respect to 12 months’ cumulative service in the employ of the company shall, on entering such armed forces, be entitled to a vacation proportionate to the time that they have worked in said 12 months* period, with proportionate pay. 75. Minimum Work Requirement Waived for Inductees No employee who has actively worked for the company less than an accumula tive 1,200 hours during the calendar year 1946 shall be entitled to such vacation bonus or any part thereof; provided however, this shall not apply to employees who have, because of compensable accident or occupational disease, contracted while in the employ of the company, or who has been laid off because of lack of work for the company, or because of having entered the armed forces of the United States, been unable to complete 1,200 working hours of work during the calendar year 1946 * * *. 76. Minimum Work Requirement Modified for Inductees and Veterans Employees who enter military service shall be considered as complying with 16 COLLECTIVE BARGAINING PROVISIONS the ruling that they must have worked in sixty (60) percent of the pay periods in the fiscal year beginning July 1 if they have received earnings in sixty (60) percent of the pay periods between July 1 of the concerned fiscal year and the date ordered to report for induction. Employees returning from military service after July 1, 1944, who, because of continuous service, are eligible for vacation or vacation allowance, shall be eligible for vacation during the fiscal year in which they return if they have received earnings in sixty (60) percent of the pay periods between the date of their return to employment and July 1 of that year. 77. Minimum Work Requirement Waived for Veterans Years of service for vacation purposes -shall be computed as of June 1. To be eligible for vacation, an employee must have completed 1,400 hours of work during the year period prior to June 1, 1946. Employees returning to the service of the company from a military leave of absence prior to June 1 shall have the 1,400 hours requirement waived for this year. 78. Minimum Work Requirement Not Waived for Veterans Following reemployment after a military leave, no employees will be given credit for “time lost” during their absence on such leave in satisfying the “hours worked” requirement of the vacation plan. 79. Time Spent in Armed Forces Counts as P art of Continuous Service for Vacation For the purpose of determining future vacation eligibility, war service ol employees returning to employment shall be considered as actual time on pay roll. 80. Returning Veterans Qualify for Vacations 6 Months A fter Their Return and Receive Seniority Credit for Time Spent in Armed Forces Returning veterans who were formerly in the employ of the * * * corpora tion will qualify for vacation as soon as they have completed 6 months’ service with the corporation after their return. They will have their seniority accumu lated as if they have worked continuously with the corporation, and their vacation pay will be calculated with a rate taking into account this total seniority. 81. Date of Return From Military Service Determines Amount of Vacation Pay (Full vacation benefits to employees returning prior to specified date; partial allowance to employees returning after specified date). An employee who by reason of service with the armed forces of the United States is not on the active employment rolls of the company in the year imme diately prior to the vacation eligibility date, but is reinstated on such records as a full-time employee during the vacation period shall be entitled to vacation benefits for the vacation period during which he is reinstated in accordance with the following: (1) If he is reinstated prior to June 1 of such vacation period, he shall be entitled to the full amount of such vacation benefits as he would have been entitled to had he been enrolled as a full-time employee on the eligibility date for such vacation period. (2) If he is reinstated on or after June 1 of such vacation period, he shall be entitled to one-half of the amount of vacation benefits he would have been entitled to had he been enrolled as a full-time employee on the eligibility date for such vacation period. 82. Vacation Pay for Returning Veteran Based on the Average of the Depart ment to Which He Returns A returning service man or woman shall be entitled to the vacation with pay according to their accumulated seniority, if they are on the pay roll of the company on July 1. VACATIONS 17 The vacation pay for returning service man or woman shall be calculated from the average of the department to which he or she returns. 83. Vacation Pay Based on Percentage of Earnings in Year Prior to Induction Any employee returning from military service and reemployed before June 1 shall receive a vacation according to his seniority date prior to entering mili tary service, with pay amounting to the appropriate 2 percent or 4 percent of the employee’s earnings for the calendar year prior to entering military service, including overtime but excluding vacation pay. 84. Computation of Vacation Pay Different for Veterans The amount of vacation pay will be calculated as follows: 2 percent of the money paid each eligible employee during the full period of his employment subsequent to April 1,1945, and prior to April 1, 1946. * * * Former employees returning to work from the armed services prior to July 1,1946, will be considered as continuously enrolled and shall receive vacation pay allowance of not less than forty (40) hours’ pay at their pay roll hourly rate as of July 1,1946, for each week of eligible vacation. 85. Employees in the Armed Forces Owen Vacation Pay as Bonus 1. It is intended that employees inducted into the military, naval, or merchantmarine service of the United States who are eligible at the time of induction for vacation pay as provided in section VII of this agreement, shall continue to receive this vacation pay as a bonus, during each year of such service, until dis charged or until the first opportunity for discharge. 2. Eligibility for this bonus shall be determined in accordance with all the provisions of section VII of this agreement excepting only that the requirement for earnings in 13 of the pay periods during the year preceding payment shall be waived. 3. The basis of calculation of the bonus, governing hours and rate of pay, shall be in accordance with the provisions of section VII. The rate of pay shall, in all cases, be the current job rate of the last job on which the employee worked or the straight-time average hourly rate for the position or group under a tonnage plan for which no occupational rate might exist. Such average rate shall be the average rate used for vacation payment to active employees in that year. 4. Where it is established that an employee on military leave is deceased, pay ment will be made to his estate for that vacation year. Such payment shall finally terminate the company’s obligation under this section of the agreement. 5. Payment of this annual bonus shall cease : (a) With the individual’s discharge from the armed forces, or his first oppor tunity for discharge, or (&) With the signing of an armistice with our enemies in all theatres of war, if such takes place before July 1 of the vacation year. If such armistice takes place after July 1, payment for such year shall finally terminate this plan. (c) It is understood, however, that an individual discharged from service after such armistice year may, 60 days after reemployment, apply for this bonus for each subsequent year of military service upon proof that his final discharge was, in fact, his first opportunity for discharge. Vacations for Part-Time and Seasonal Workers A few agreements provide vacations for part-time or seasonal em ployees. In rare cases such employees may receive the same vacation as full-time employees, but more frequently their vacation is in pro 18 COLLECTIVE BARGAINING PROVISIONS portion to the length of their workweek and the length of their service with the employer. Pay for part-time employees’ vacations is usually calculated in the same manner as for full-time employees, except that it is reduced in proportion to the length of their scheduled workweek. In cases in which vacation pay is based on average weekly earnings with a mini mum amount guaranteed, the guaranty does not apply to part-time employees. 86. Permanent Part-Time Employees Receive Same Vacation as Full-Time Employees All full-time or permanent part-time employees who have completed 6 months’ employment during the months of June, July, August, or September shall be entitled to three continuous days’ vacation with pay in advance. All full-time or permanent part-time employees who have completed 1-year’s employment during such months shall be entitled to 1 week’s vacation with pay in advance. 87. Extra Employees Subject to Minimum Work Requirement for Vacation Eligibility Extra employees working as much as thirteen hundred and forty (1,840) accumulative hours shall be included in the vacation clause. 88. Vacation Allowance Proportionate to Average Number of Hours Worked Per Week Part-time workers regularly employed shall receive proportionate vacation allowances (or accruals as the case may be) on the basis of the average number of hours per week they are employed. 89. Compensation of Part-Time Employees in Proportion To Their Regularity Scheduled Workweek Pay for the vacation of an employee who is a part-time employee as of his vacation eligibility date shall be proportionately reduced. For example, an employee who is regularly scheduled to work six (6) days per week, four (4) hours each day, will be entitled to one (1) week’s vacation with pay for twentyfour (24) hours at the employee’s base rate of pay. 90. Pay for Eligible Part-Time Employees Based on Average Weekly Earnings, Without Minimum Guaranty Part-time employees—Persons who are employed and known as part-time employees, who have received earnings from this company in at least 6 percent of the pay periods during the 12 months’ period immediately preceding May 1 of each year, shall receive a vacation pay allowance in lieu of vacation. Such an allowance shall be an amount equal to his average straight-time weekly earnings for the 12 months’ period immediately preceding May 1 of such year without the application of the minimum guaranty of 40 hours per week. 91. Pay for Part-Time Employees Computed in the Same Manner as for Full-Time Employees Part-time union members shall be granted vacations, in proportion to their weekly schedule of hours, and payment for such vacation shall be computed in the same manner as is employed in regard to full-time members. 92. Two D ays’ Vacation for Eligible Seasonal Employees All employees covered by this agreement who are employed only during the racing season, as defined in article V of this agreement, shall receive two (2) days’ vacation with pay at the straight-time hourly or daily rate if such employees have worked each day of the racing season and have completed the racing season in good standing with the employer and the unions. Absence due to bona fide VACATIONS 19 illness or other good cause, at the discretion of the employer, may be considered as not disqualifying an employee from receiving vacation benefits. If the number of racing days is less than fifty-five (55), this article is void and subject to negotiation. 93. Workers Employed by Two or More Employers During the Year Receive Vaca tion Pay From Each in Proportion to the Time Employed (This agreement covers an employers’ association). The vacation pay of carvers, hand polishers, and tool sharpeners who by the specialized nature of their work are employed by two or more employers in the course of the year shall be paid by each employer in proportion to the time he has employed the specialist. Computation of Vacation Pay Little uniformity exists in the basis on which vacation pay is com puted, although computation is generally made in such a manner that the employee receives an amount approximating that which he would have earned had he worked during the vacation period. Normally the computation of vacation pay involves 2 factors: the number of hours to be paid for and the pay basis, i. e., the regular rate, straight-time hourly earnings, average earnings, etc. For workers paid on an hourly rate, vacation pay is generally com puted on the basis of the regular or straight-time hourly rate in effect at the time vacation begins multiplied by the scheduled weekly hours. I f an employee is employed at the time of vacation at a rate different from the rate at which he worked most of the year, some agreements provide that the predominant rate is to be used. For workers paid on a piecework or other incentive basis, vacation pay is usually computed on the basis of weekly earnings averaged over some specified period prior to the time of vacation. Some agreements which base vacation pay on average weekly earnings provide a safe guard to the effect that no less than 40 hours’ pay and no more than 48 hours’ pay will be given. Where hourly workers and pieceworkers are covered by the same agreement, different methods of computing vacation pay for the two types of workers are usually specified. Another method of computing vacation pay applicable to both time and pieceworkers is to allow each employee a specified percentage of his earnings for the year preceding vacation—generally 2 percent for a week of vacation leave and 4 percent for 2 weeks’ leave. The basis for computation may be either straight-time earnings or total earn ings including overtime and other premiums. Since this method of computing vacation pay might result in very small allowances to employees who worked irregularly during the year, some agreements guarantee a minimum amount of pay for each week of vacation. Vacation pay based on scheduled weekly hours gives workers a full week’s pay and does not necessarily reflect actual hours worked, which 769415°— 48------4 20 COLLECTIVE BARGAINING PROVISIONS may be less than scheduled hours because of shut-down, illness, or voluntary absence. Computation of vacation pay on the basis of earnings, whether average weekly earnings or a percentage of annual earnings, reflects actual hours worked and increases or decreases vaca tion pay accordingly, i. e., vacation pay fluctuates in direct proportion to earnings. Under some association agreements, vacation allowances are drawn from a central fund to which each employer makes weekly contribu tions on the basis of his total pay roll. Under this plan workers who transfer from shop to shop and are seasonally unemployed for short periods still receive their earned vacation credits. A few agreements give a flat sum to all employees, regardless of difference in hourly rate or individual earnings. Most agreements require vacation pay to be given the employee before he takes his vacation. SPECIFIED NUMBER OF HOURS’ PAY FOR EACH WEEK OF VACATION 94. Forty-four Hours’ Pay Per Week at Employee’s Regular Rate Those employees receiving vacations shall be paid forty-four (44) hours per week straight time at their regular wage rate. 95. Forty Hours’ Pay at Hourly Rate Averaged Over 4-Week Period The amount to be paid for one (1) week’s vacation shall be the average hourly rate he received during the four (4) weeks preceding such vacation, multiplied by forty (40), or in the case of the two (2) weeks’ vacation, taken consecutively, the average hourly rate he received during the four (4) weeks preceding such vacation multiplied by eighty (80), except in departments where the employees are on official schedule of more than forty (40) hours per week, then the vacation pay will be governed by the number of hours in the official workweek. * * * 98. Forty Hours’ Pay at Employee’s Present Rate or Rate at Which He Has Worked Most Time During Year, Whichever Is Higher Employees will be paid for the vacation period on the basis of forty (40) hours per week. They will be paid at the rate of pay for the job on which they are working or the rate at which they have worked the greatest number of hours during the preceding twelve (12) months, whichever is higher. 97. Vacation Pay Based on 40 or 48 Hours, Depending on Length of Prevailing Workweek A week’s vacation pay shall be based on 48 hours if, in the majority of week& during the 3 months prior to the vacation period, the plant has operated 48 hours or more. Vacation pay shall be based on 40 hours if the work schedule of the plant does not qualify employees to receive 48-hours’ pay. 98. Allowance Made for Overtime Employee Would Have Received if He Had Worked During His Vacation Period Vacation pay shall be figured on the basis of forty (40) hours per week at the employee’s regular rate except in the case of those employees who are not sub ject to the 40-hour limitation. These are to be paid on the basis of their normal workweek. Employees who would have earned more pay remaining at work because of overtime pay earned by the rest of the gang during their absence on vacation will be paid upon their return to work the difference between the pay already received and gang time at their hourly rate with overtime. VACATIONS 21 99. Allowance Made for Shift Premium During the summer of 1946, the company will grant to each employee who has twelve (12) months of service with the company as of July 1, 1946, one (1) week’s vacation with pay—forty-five (45) hours at straight time, together with shift allowance. Employees having five (5) or more years of seniority with the company as of July 1, 1946, will receive two (2) weeks’ vacation with pay—ninety (90) hours at straight time, together with shift allowance. 100. Six Days' Pay for Each 7 Days of Vacation Vacation pay shall be for forty-eight (48) hours at straight time for seven (7) days’ vacation and for ninety-six (96) hours at straight time for fourteen (14) days’ vacation; provided, however, that if for any reason, an employee’s workweek should be reduced below forty-eight (48) hours, vacation pay will be reduced proportionately. VACATION PAY BASED ON AVERACE WEEKLY EARNINGS OVER SPECIFIED PERIOD 101. Average Weekly Earnings for 18-Week Period The vacation pay shall be the average weekly earnings for the first thirteen (13) weeks actually worked in each calendar year. 102. Weeks in Which Lost Time Occurs Excluded in Computation of Average Weekly Earnings Pay for employees entitled to 1-week’s vacation shall be computed on the basis of the total money earned from the closing date of the previous calendar year, to the date of the vacation, and divided by the number of weeks worked since the closing date of the previous calendar year, to the date of vacation. In the event an employee has lost time since the closing date of the calendar year, the earnings of such weeks in which lost time occurs, including holiday weeks, and the number of weeks, shall be excluded in the computation. Pay for employees entitled to 2 weeks’ vacation will also be computed on the fore going basis, except the amount will be multiplied by two. Pay for employees entitled to 3 weeks’ vacation will likewise be computed on the foregoing basis, except that the amount will be multiplied by three. 103. Maximum and Minimum Hours' Pay at Average Earnings, Basis of Average Weekly Earnings Each week of vacation pay shall be computed on the basis of an employee’s average straight-time earnings times the average number of hours worked dur ing the 6 months prior to July 1. In no event shall a week’s vacation pay be for more than 48 hours or less than 40 hours. Days lost because of industrial accidents in the employ of the company will be counted as days worked in com puting vacation credits. 104. Average Weekly Hours Worked by All Multiplied by Individual's Average Hourly Earnings The vacation pay for each week of vacation shall be computed by multiplying the average weekly hours worked by all employees in the preceding calendar year by the individual’s average earned rate per hour in the preceding calendar year. VACATION PAY BASED ON PERCENTAGE OF ANNUAL EARNINGS 105. Two Percent of Gross Annual Earnings for Each Week of Vacation The basis of one (1) week’s pay shall be two (2) percent, and of two (2) weeks’ pay shall be four (4) percent of the gross earnings for the previous fiscal year. 22 COLLECTIVE BARGAINING PROVISIONS 106. Minimum Guaranty Specified When Pay Is Based on Percentage of Annual Earnings Vacation pay will be 2 percent of his gross earnings for the preceding calendar year with a minimum of $15. 107. Vacation Pay Computed as 2Ys Percent of Annual Earnings, Excluding Over time Pay Every employee who has been on the pay roll and working 1 year on June 1 next shall be entitled to receive two and one-half (2y2) percent of his annual wage for the preceding twelve (12) months, excluding overtime pay, as vacation pay at the time of taking same. Every employee who has been on the pay roll and working 5 years on June 1 next shall be entitled to receive five (5) percent of his annual wage for the pre ceding twelve (12) months, excluding overtime pay, as vacation pay at the time of taking same. 108. Pay for Week of Vacation Varies From 1 to 8 Percent, According to Length of Service Employees who have 1 or more years seniority at the vacation period shall receive 1 week’s vacation with pay computed as follows: 1 to 2 years’ service, 1 percent of yearly w age; 2 to 5 years’ service, 2 percent of yearly w age; 5 years or over, 3 percent of yearly wage. 109. Two Percent of Previous Year's Earnings or 48 Hours' Pay, Whichever Is Greater Factory employees shall be given one (1) week’s vacation with pay after com pleting one (1) year’s service, providing they have worked six (6) months between May 1, 1945, and April 30, 1946, and are on the pay roll May 1, 1946. (Shall receive vacation pay on forty-eight (48) hour basis or 2 percent of previous year’s earnings, whichever the greater; e. g., for 1946, 48 hours’ straight pay, July 1, 1945, rate, or 2 percent of 1945 earnings.) CENTRAL FUND FINANCED BY EMPLOYER AND ADMINISTERED BY UNION 110. Two Percent of Employer's Weekly Pay Roll (From an agreement covering an employers’ association, illustrating a method of vacation payment useful in industries characterized by a high degree of labor mobility; i. e., where employees may work for several employers in the course of a year). The employer f hall pay weekly to the union a sum of money equivalent to 2 percent of the total we,kly pay roll including overtime (before deductions for taxes) of the employer’s workers covered by this agreement, toward a vacation fund to be established, maintained, and administered by the union for the benefit of its members. FLAT SUM PAYMENT 111. Flat Sum Regardless of Differences in Individual Wage Rates or Earnings, but Graduated According to Service During May 1946, the corporation will make a payment in lieu of vacation wT ith pay* for 1946 of fifty-two dollars and forty cents ($52.40) to all eligible hourlyrate employees who have at least one (1) year’s and less than five (5) years’ seniority on May 1, 1946, and a payment of one hundred four dollars and eighty cents ($104.80) to all eligible hourly-rate employees having five (5) years’ or more seniority on May 1, 1946. * * * 112. Flat Sum Payments to All Employees with 1 year's Service; Pro Rata Pay ment to Employees W ith Less Service All employees with a record of 1 year’s standing (June 1,1945, to May 31,1946) shall receive as compensation for the above-mentioned vacation period the sum VACATIONS 23 of one hundred dollars ($100). * * * Pro rata payments for the months they are on the pay roll shall be provided for those * * * workers who are given employment during the qualifying period and those who leave their employment. 113. Ten Dollars Per Day, Graduated Vacations Operators with a seniority of 1 year or more, but less than five (5) years, shall receive 1-week’s vacation of six (6) consecutive days in each 12-month period with pay, at the rate of $10 per day; operators with seniority of five (5) years or more shall receive 2 weeks’ vacation of 12 consecutive days in each 12-month period with pay, at the rate of $10 per day. BASIS OF COMPUTATION DIFFERENT FOR TIME AND PIECEWORKERS 114. Time Workers Paid at Regular Hourly R ate; Pieceworkers on Basis of Average Hourly Earnings Vacation pay for a time worker shall be 40 times his regular hourly rate of pay. Vacation pay for a pieceworker shall be 40 times his average hourly earnings for the eight busiest consecutive weeks in the season prior to the vacation period, but excluding, however, any and all overtime pay. 115. Regular Weekly Rate for Week Workers; Average Weekly Earnings for Pieceworkers Vacation pay shall be paid in one lump sum prior to the vacation period, and vacation pay for pieceworkers shall be based upon the average weekly earnings of the said pieceworkers for the period from the date of the execution of this agreement to the time of the commencement of the vacation period. The vaca tion pay to be given to week workers shall be at the regular weekly rate of pay. OTHER VACATION PAY PROVISIONS 116. Regular Rate Used in Computation When Temporary R ate is Lower If on the date as of which an employee’s vacation pay is computed, he is tem porarily employed at a wage rate lower than that at which he is regularly em ployed and which he received during the major portion of the preceding year, his basic hourly rate for the computation of his vacation pay shall be the latter rather than the former. Disputes under this paragraph may be considered un der the grievance procedure of the contract. 117. Rate Used in Computation Depends on Percentage of Time Worked at That Rate If an employee from January 24, 1946, to the time he takes his vacation works from 25 to 75 percent of his time on a higher rated job in the promotion sequence, his vacation pay will be 50 percent at the lower rate and 50 percent at the higher rate. If the employee works 75 percent or more on the higher rated job, his vacation will be 100 percent at the higher rate. * * * 118. Commissions Considered in Computing Vacation Pay (This agreement covers sales personnel in a department store). Vacation pay shall be computed on the basis of the union member’s basic salary and the average commission earned during the previous year. 119. Vacation Pay Includes Special Bonus in Addition to Regular Base Pay First pilots shall be paid their regular base pay stipulated in section 3 of this agreement plus an additional amount of $150 for their 2 weeks’ annual vacation period. 120. Employee To Be Given Vacation Pay Prior to Vacation Vacation pay shall be paid to employee ( in addition to his or her regular earn* ings) during the week prior to the beginning of his or her vacation period. 24 COLLECTIVE BARGAINING PROVISIONS 121. Premium Payment If Employee Works Sixth or Seventh Day of Vacation It is agreed that if an employee is called in to work on the sixth or seventh day of his vacation he shall be compensated at the rate of time and one-half in addition to his regular vacation allowance. 122. Vacation Pay Equals Amount Employee Would Have Earned by Working Regularly assigned drivers will be paid same earnings as they would have earned, had they worked their regular assignment, during the period of their vacation. Pay in Lieu of Vacation Although the objectives and principles of provisions for paid vaca tions are predicated upon the beneficial effect of actual time off for rest and relaxation, some agreements permit a vacation bonus to be given to workers in lieu of vacation. In some cases this is done at the option of the employee, in other agreements at the option of the employer, and in still other cases, by mutual consent. During the war, the substitu tion of a bonus for vacation became a prevalent practice in many indus tries because of the need for maximum production, but many current agreements specifically prohibit the practice of giving extra pay instead of time off; and in a few cases, employees are paid premium rates if required to work during their scheduled vacation periods. 123. Payment in Lieu of Vacation Prohibited Employees entitled to vacations will not be allowed to take money in lieu thereof. 124. No Bonus in Lieu of Vacation Except in Emergency by Mutual Consent of Company and Union Vacations shall be mandatory; however, in the event of an emergency, vaca tions may be waived by mutual agreement of the company and the union. In the event vacations are waived, as herein provided, the vacation bonus as above specified shall be paid as of the date said vacations are waived. 125. Payment in Lieu of Vacation if Operating Conditions Do Not Permit ShutDown Should operating conditions not permit a shut-down for vacation, the vacation pay, nevertheless, will be granted and employees continuing to work will be paid at their regular rates. 126. Employee May Not Be Compelled To Accept Pay in Lieu of Vacation (Full week's salary is guaranteed employees recalled to work before their vacation period is over, vacation permitted at a later date). Employees shall not be compelled by the company to forfeit their vacations for additional pay from the company unless they so desire. In case of recall before vacation period is over, the employee is to receive full week’s salary. In either case, the employee is not to forfeit the vacation due him or her. 127. Pay at Premium Rate in Addition to Vacation Pay if Employee Required To Work During First Week of His Vacation If there is a scheduled vacation general shut-down period and staggered vaca tions are not arranged, an employee eligible for a vacation shall be paid in addi tion to his vacation wage, time and one-half for all hours he may be required to work during the first week of such scheduled vacation general shut-down period and shall be paid, in addition to his vacation wage, straight time for all hours he VACATIONS 25 may be required to work on any additional scheduled vacation days. This shall not apply if time off for vacation is taken by an employee prior or subsequent to the employee’s regular vacation period. If there is no scheduled vacation general shut-down period and if staggered vacations are arranged, an employee eligible for a vacation shall be paid, in addition to his vacation wage, time and one-half for all hours he may be required to work during the first five (5) days of his scheduled vacation and shall be paid, in addition to his vacation wage, straight time for all hours he may be required to work on any additional scheduled vacation days. This shall not apply if time off for vacation is taken by an employee prior to or subsequent to the employee’s regular vacation period. 128. Pay in Lieu of Second Week of Vacation Optional With Employee Employees entitled to receive 2 weeks’ vacation pay shall have the privilege of taking 1 week’s vacation with pay and cash to the amount of 1 week’s vacation pay instead of taking the second week of vacation. 129. Pay in Lieu of Second Week of Vacation Mandatory (This agreement allows 1 week’s vacation to employees with 1 year of service). All employees with a record of 5 or more continuous years of service up to and including June 29, 1946, are entitled to receive an additional week of pay, but not an additional vacation week. 130. Pay in Lieu of Vacation if Employee Is Prevented From Taking Vacation Because of Illness If eligible employees are prevented from taking their vacation because of illness they shall be granted pay in lieu thereof within thirty (30) days after they return to work, provided such illness does not extend into the following year. Timing of Vacation Periods Agreements often specify the time when vacations shall be taken, usually during the summer months. Employees may be allowed their choice of vacation time during the specified period, often in order of seniority, but in many cases management reserves the right to schedule vacations so that there is no interruption of production. Some agree ments provide for the shut-down of the plant in order that all em ployees may take their vacations at the same time. Agreements usually specify that the vacation must be taken in the year in which it is earned, although a few permit a limited amount of accumulation of vacation time from year to year, especially when employees postpone their vacations at the request of the company. Splitting of vacations into nonconsecutive periods is sometimes per mitted, particularly when employees are entitled to two or more weeks, although some agreements which mention this subject specify that the entire vacation must be taken at one time. VACATION SCHEDULES 131. Bummer Months Specified; Exception Perm itted at Discretion of Company Normally the vacation period shall be confined to the period between June 1 and October 1, although individual exceptions may be made at the discretion of the company, upon request. 26 COLLECTIVE BARGAINING PROVISIONS 132. Company Has Final Decision in Scheduling Vacations It will be left to the judgment of the corporation as to when the most opportune time will be to grant vacations to individual employees; however, the corpora tion will, so far as operating conditions permit, endeavor to comply with the requests of the employees for the time designated by him as to when he desires to take his vacation. 133. Employer Schedules Vacations but Must Give Employee 1 Week’s Notice The time allotted to such employees for vacations will be established by the company and the vacation periods will be such as will cause a minimum of inter ference with the plant operations. Every eligible employee will be notified of his vacation allowance and period one (1) week in advance, but the company reserves the right to make changes in the vacation periods at any time when such action is considered necessary. 134. Company and Union Jointly Determine Scheduling of Vacations The management and the union jointly will determine the time that each employee is to take his vacation within the vacation period. 135. Company Required to Confer with Union Before Making Up Vacation Schedule Vacations shall be scheduled during the period between June 15 and September 30. The vacation schedule shall be determined by the employer who shall, how ever, confer with the union before making it up. 136. Seniority the Determining Factor in Allotment of Vacation Dates The employee will be allowed to take his vacation at the time he chooses dur ing the vacation period, unless another employee with longer seniority chooses the same period, provided his services are not absolutely essential for the efficient operation of the plant. If his services are essential, he shall be permitted to take his vacation at some other time. In cases where a number of employees choose the same vacation period and all of them cannot be spared for that period, seniority will be the determining factor in the allotment of vacation time. 137. Senior Employees Get First Choice of Vacation Periods but Must Make Selection Before Specified Date Senior employees will have first choice for vacation date, providing that they make their selection before May 1. 138. Vacation To Be Taken at a Time Mutually Agreeable to Employer and Employee Vacation shall be taken at a time mutually agreed upon between the employer and employee individually, but shall, as far as practicable, be taken between May 1 and September 1. 139. Employees Entitled to 2 or More Weeks May Take Vacation at Any Time Employees who are entitled to two or more weeks of vacation may take their vacation at any time during the year in which the required service will pre sumably be completed. 140. Not More Than 10 Percent of Employees in Any Department May Take Vacations at the Same time (Seniority considered in scheduling vacations). In order to curtail production as little as possible, not more than 10 percent of the employees in any department may take vacations at the same time. Any employee entitled to and desiring vacation with pay shall submit to the company written request for vacation, stating when he desires it. The company will prepare a vacation schedule based on the applications and the necessity of maintaining production. In the event that more than 10 percent of the employees in any department request vacations at the same time, the schedule will be VACATIONS 27 prepared having consideration to the seniority of the employees concerned; how ever, the company shall have final determination as to when vacations shall be taken. 141. All Employees Take Vacation at the Same Time During Specified Week It is agreed that the first week in July shall be the vacation week for all plants. 142. Vacation Week To Be Designated by Company Vacations shall be taken during a week designated by the company during either July or August of each year. 143. I f Plant Shuts Down for Any Reason, Company May Designate Such ShutDown as the Vacation Period A shut-down for any reason covering a specific period of a week or longer may be designated as the vacation period, provided the shut-down shall be between July 1 and September 1. 144. Industry Shut-Down at Specified Time for All Except Maintenance Employees An annual vacation period shall be the rule of the industry. From Saturday, June 29,1946, to Monday, July 8,1946, inclusive, shall be a vacation period during which coal production shall cease. Day men required to work during this period at coke plants and other necessarily continuous operations or on emergency or repair work shall have vacations of the same duration at other agreed periods. 145. Vacations To Be Taken During Slack Season as Far as Possible Vacations, as far as possible, will be assigned during the inventory period. 146. Employee May Request Vacation During Temporary Lay-Off Any employee eligible for a vacation will be entitled to receive it at any time when he may be temporarily laid off, or when he is unable to work and desires to receive his vacation allowance and pay. CUMULATION OF VACATIONS 147. Cumulation of Vacations Prohibited All vacations must be taken before the end of the present calendar year. Vaca tions may not be postponed beyond the end of the present calendar year and any vacation not taken will be forfeited. 148. No Cumulation Unless Vacation Postponed at Employer’s Request Vacations must be taken during the calendar year, unless, due to emergency, the management finds it necessary to request postponement. Vacation pay will be paid in advance. 149. Cumulation of Vacation Periods for 2 Years Permitted An employee may forego his vacation in 1 year and add it to his vacation in the next following year, provided that company gives him its approval thereto. In no event shall an employee defer his vacation longer than 1 year, or be permitted to take more than the total of two (2) vacation periods in any one calendar year, or take a vacation in advance of the year in which it is due. If an employee de fers his vacation under the provisions of this section he shall take it at the con venience of company and at such time as not to interfere with the regular vacation schedules of other employees. 150. Cumulation of Vacation Time up to Maximum of 4 Weeks Permitted Vacations shall be cumulative, if mutually agreed upon, but in any event not in excess of 4 weeks and shall be allowed only at such times as may be convenient to the operating necessities of the service. 28 COLLECTIVE BARGAINING PROVISIONS SPLIT VACATIONS 151. No Split Vacations Unless Mutually Agreeable to Company and Employee All vacation periods shall run consecutively unless it is mutually agreed to split the period by the company and the individual. 152. Two-Week Vacatiovis May Be Split Into Weekly Periods One week’s vacation must be taken in a continuous period, but 2 weeks’ vaca tion may, if the employee and management agree, be divided into two periods of 1 week each. 153. Vacation Split Into Summer and Winter Periods The company will grant 1 week’s vacation in the summer and 1 week’s vacation in the winter to employees who have been continuously with the company 1 year or longer prior to the date of the respective vacation periods. 154. Employee Has Option of Taking Vacation at One Time or Spreading It Over the Year A vacation may be taken all at one time or spread over the year, provided that in either instance it is planned well in advance with the department head and does not interfere with the efficient operation of the department concerned. Combining Vacation With Sick Leave In some agreements employees are given a specified amount of paid leave, with the option of using it either as vacation or sick leave. Other agreements allow employees to add unused sick leave to their vacation time. 155. Employee Has Option of Using 96 Hours9 Paid Leave as Vacation or Sick Leave Each employee who has completed 1 year of service shall be entitled to vacation or sick leave of 2 calendar weeks with 96 hours’ pay at the employee’s regular hourly rate of pay in effect when vacation or sick leave is granted. 156. Unused Paid Sick Leave May Be Added to Vacation Time An employee with less than five (5) years’ seniority on his vacation eligibility date shall be entitled to one (1) week's vacation with pay. In addition thereto each such employee who has not used all of his sick and injury leave during the year of service preceding his vacation eligibility date shall, at his option, be entitled to one additional week’s vacation with pay, for such unused sick and injury leave, or to pay for such unused sick and injury leave without an addi tional week’s vacation. 157. Vacation Time May Be Used as Sick Leave Absences because of illness may be used as vacation, provided employees make application, on forms provided by the company, before the end of the pay period following return to work. Chapter 2.— H olidays and W eek -End W ork The observance of basic religious and patriotic holidays is generally considered desirable as a factor in promoting spiritual growth and good citizenship, as well as affording an opportunity for rest. The importance which the American people attach to their holidays is re flected in the fact that nearly all union agreements have some provi sion relating to the observance of holidays. The number and type of holidays observed is determined by national and local practice, religious and racial considerations, and the relative bargaining strength of unions and employers. The question of pay for holidays not worked is a major issue. Paid holidays have traditionally been granted to white-collar workers, but until relatively recent years, most agreements covering production workers merely allowed time off without pay. However, the extension of paid holidays to production workers is proceeding rapidly and is more and more frequently an objective of unions in the negotiation of new agreements. Regardless of whether pay is allowed for holidays not worked, nearly all agreements provide for the payment of special penalty rates when work is required on holidays, on the theory that work on a holi day implies a sacrifice on the part of the worker and deserves special reward and that the scheduling of work on holidays should be dis couraged. Other important considerations relating to holidays are the com putation of pay and eligibility for pay on holidays not worked, limita tions on holiday work, and making up time lost on holidays. In order to give employees regular days of rest and an opportunity to attend religious services, agreements often have provisions de signed to discourage work over the week end. In some cases Saturday and Sunday work is prohibited altogether; more commonly, week-end work is permitted, but must be paid for at a penalty rate of time and one-half or double time. However, for workers on continuous opera tions, in the service trades, and in employment in which Saturday and Sunday work is essential to the public convenience and safety, such penalty rates usually do not prevail. In most industries, a regular Monday through Friday workweek is prevalent; week-end penalty pay provisions usually apply to work of an emergency, temporary nature. This is substantiated by the fact that many agreements which require week-end penalty rates for pro duction workers exempt such employees as watchmen and maintenance men whose regular schedule includes Saturday and Sunday work. 29 30 COLLECTIVE BARGAINING PROVISIONS During the war, premium pay for Sunday and Saturday work, as such, was prohibited by Executive Order 9240 which, however, per mitted payment at time and one-half for work on the sixth consecutive day in any regularly scheduled workweek and required a double-time rate for work on the seventh consecutive day. Many agreements have retained the sixth- and seventh-day premium pay provisions as well as relative practices and interpretations worked out during the war. Such interpretations define what can and cannot be counted as time worked, for purposes of determining the sixth and seventh day, prohibit the pyramiding of overtime rates, etc. Observance of Holidays The number of holidays observed varies considerably, as few as 3 being specified by some agreements, and as many as 20 by 1 agreement. The number most often specified is 6—New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. Other holidays often mentioned are Armistice Day, Washington’s Birthday, Election Day, Columbus Day, and Lincoln’s Birthday. In rare cases, agreements state that all legal holidays will be observed. Holidays of local importance, such as State Admission Day and Jewish or Catholic religious holidays are often recognized; Emanci pation Day is sometimes designated as a holiday for Negro employees. An increasing number of agreements make some provision for the observance of a holiday celebrating the end of World War II, if such a holiday is officially declared. Since premium rates are usually paid for work on holidays, the question of when the holiday begins and ends is important. To pre vent misunderstandings, agreements sometimes specify the hours which mark the time limits of the holiday. Holidays falling on Sunday are usually observed on the following Monday, although a few agreements require the holiday to be observed on the calendar date on which it falls. When the holiday occurs on the employee’s regularly scheduled day off, he may be given com pensatory time off later. Agreements which allow pay for holidays not worked sometimes specify that no pay will be given an employee whose regular day off coincides with the holiday. 1. Six Holidays To Be Observed Employees covered by this agreement will observe the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 2. Seven General and IS Religious Holidays Observed All employees shall be granted the following holidays with p ay: New Year’s Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, one-half day on Election Day. HOLIDAYS AND W EEK-END WORK 31 Jewish holidays: Passover, 2 days at beginning and 2 days at end; Shevuoth, 2 d ays; Rosh Hashonah, 2 days; Yom Kippur, 1 day; Succoth, 2 days at beginning and 2 days at end. 3. Holiday of Local Importance May Be Substituted for One of National Holidays The following shall be considered as holidays: New Year’s Day, Decoration Day, Fourth of July, Labor Day, Armistice Day, Thanksgiving Day, Christmas, and Washington’s Birthday. By local agreement it will be permissible for a holiday of local importance to be substituted for one of the above-mentioned holidays. N ote.—This clause is taken from an agreement covering plants in several States. 4. Local Practice Determines Whether Certain Additional Holidays W ill Be Observed The following full holidays shall be observed by the employer in Massachusetts: New Year’s Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. In those communities in which the principal competitor of the employer observes April 19, October 12, and November 11 as full holidays when they fall on days other than Saturday, the employer will, in such communities, observe such days as full holidays. N ote.—This clause is taken from an agreement covering a number of cities in one State. 5. All National and State Holidays To Be Observed The following holidays are to be observed: New Year’s Day, Decoration Day, Fourth of July, Labor Day, Thanksgiving Day, Armistice Day, and Christmas Day, or any other day declared a legal holiday by the United States Govern ment, or any holidays observed by the State of Illinois, with no work on Labor Day. When holidays fall on Sunday, the following Monday shall be observed. 6. Racial Interests Considered in Designating Holidays To Be Observed The following days shall be recognized as holidays: New Year’s Day, Independ ence Day, Labor Day, Thanksgiving Day, Christmas Day and San Jacinto Day (for white employees), and Emancipation Day (for Negro employees). 7. Religious Holidays Observed at Employee’s Option Religious holidays may be observed by the union members. Such religious holi days and any other day on which the store is closed, except Sundays and holi days, shall be counted as the union member’s day off. 8. Victory Day To Be Observed if Declared a National Holiday There shall be no work on Sunday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and New Year’s Day. When and if Victory Day is declared a national legal holiday it shall be made a part of this article. 9. World War II Holiday, if Officially Declared, Substituted for Armistice Day In the event that a national legal holiday is officially declared during the contract year, to celebrate the end of World War II, this holiday will be sub stituted for Armistice Day, November 11,1946, and thereafter. 10. Holiday Offering Longer Week End Observed The following holidays shall be declared standard for the company: New Year’s Day, Washington’s or Lincoln’s Birthday, Memorial Day, Independence Day, Labor Day, Armistice Day, Thanksgiving Day, Christmas Day. Washington’s Birthday shall be designated as the holiday in February except when the observance of Lincoln’s Birthday would provide a longer week-end, in which case Lincoln’s Birthday shall be declared the holiday. 32 COLLECTIVE BARGAINING PROVISIONS 11. Time Limits of Holiday Defined There shall be six (6) holidays per year, namely: New Year’s D ay/E aster Monday, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. The arrangement regarding holidays will be as follow s: The holiday will officially begin at 11 p. m. and end twenty-four (24) hours later. 12. Shift Schedule Determines When Holiday Begins and Ends The following holidays shall be recognized: New Year’s Day (from start of evening shift at 3: SO p. m. December 31 and including the evening shift finishing about midnight January 1) ; May 30 (from start of day shift May 30 to start of day shift May 31); July 4 (from start of graveyard shift at 11: SO p. m. July 3 to start of day shift July 5) : Labor Day (from start of day shift Monday to start of day shift Tuesday) ; Thanksgiving (from start of day shift Thursday to start of day shift Friday) ; Christmas (from end of day shift December 24 to start of day shift December 26). 13. Holiday Falling on Sunday Observed the Following Monday If any of such named holidays fall on Sunday, the following Monday shall be considered the holiday. 14. No Premium Rate for Work on Monday When Holiday Falls on Sunday In case any of said holidays falls on a Sunday, that day shall be recognized as the holiday and no holiday rate shall be payable on account of work performed on the Monday following. 15. State or National Practice Determines Day To Be Observed When Holiday Falls on Sunday Should any of the above holidays fall on Sunday, the day observed by the State or the Nation shall be considered as a holiday for the purpose of this section. 16. Holiday Falling on Saturday Observed on Preceding Day When a holiday falls on Saturday, the preceding day shall be the celebrated holiday. 17. Employee Granted Compensatory Time Off When Holiday Falls on His Regular Day Off It is further agreed that if any holiday herein named shall fall upon any employee’s regular days off, he shall be granted an additional day off, which shall be given within the following 3-week period. 18. Holidays Occurring on Day When No Work Is Scheduled Shall Not Be Considered Holidays Should one of the four holidays mentioned in paragraph (b) above fall on a day on which the plant generally is not scheduled to work, such day shall not be considered as a holiday except that where all employees of a department are notified to report for work on such day, it will be considered as a holiday for such employees and they will be paid in accordance with the provisions of this article, and except further that when one of such holidays falls on Sunday (or the seventh day from the beginning of the work schedule of an employee assigned a work schedule in accordance with section 1 (e) above) the following day (but not both days) shall be considered as the holiday. Limitations on Holiday Work In some cases, holiday work is prohibited altogether; in other cases permission of the union must be obtained before the employer can schedule work on holidays. More commonly, however, agreements require only that a reasonable effort be made to avoid scheduling work HOLIDAYS AND W EEK-END WORK 33 on holidays or that only necessary maintenance and repair work be done. Some agreements which have no specific limitations on holiday work do require that employees be given several days’ advance notice if work is scheduled for a holiday. 19. Work Prohibited on Specified Holidays There shall be no work done on the following legal holidays nor on the days on which said holidays are observed: New Year’s Day, Decoration Day, Labor Day, Thanksgiving Day, Washington’s Birthday, Independence Day, Election Day (one-half day), Christmas Day, and Columbus Day. 20. Work Prohibited Except by Agreement Between Company and Union The following shall be considered as holidays on which there will be no produc tive work unless agreed to by the company and the union, namely: Christmas Day, Memorial Day, Fourth of July, Thanksgiving Day, New Year’s Day, and Labor Day. 21. Work Perm itted, with Consent of Union, on Holidays Other Than Labor Day The following shall be recognized as holidays: New Year’s Day, Independence Day, Thanksgiving Day, Labor Day, Memorial Day, and Christmas Day. No work shall be performed on these holidays unless by permission of the union, except on Labor Day, on which no permission shall be requested or granted. 22. Sunday and Holiday Work K ept at Minimum Consistent W ith Satisfactory Service to Public Work on Sundays and holidays shall be kept at such a minimum as is consistent with the proper operation and maintenance of the company’s facilities in efficiently and economically providing continuous and satisfactory service to the public. N ote : This clause is from an agreement covering an electric utility company. 23. Company to Avoid Scheduling Work on Holidays A reasonable effort shall be made by the company to avoid scheduling work on holidays. 24. No Holiday Work Except in Cases of Necessity No work shall be performed on these holidays except in cases of emergency, by mutual agreement, or for the protection of life and property. The exception to the foregoing is as follow s: Any major maintenance or repair work which is necessary to prevent material curtailment of employment of a substantial number of employees. 25. No Employee Required To Work on Holiday Unless a M ajority of Employees in Designated Unit Are Required to Work Any employee required to work upon any holiday mentioned in paragraph (b) above and who does not report to work, shall receive no compensation for such holiday. No production employee or employees will be required to work on any holiday, unless a majority of employees in his department, or within his section of his department are also required to work. 26. Failure To Work on Specified Holidays Not Deemed Violation of Agreement The following legal holidays shall be observed: Decoration Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, New Year’s Day, and one-half of Election Day. All workers shall be paid for such holidays as follows: (a) Pieceworkers shall be paid for the holidays on the basis of their straight-time hourly earnings for that week. Time workers shall be paid for the holidays on flie basis of their actual hourly or weekly earnings for that week. 34 COLLECTIVE BARGAINING PROVISIONS Refraining from work on May 1 and Columbus Day shall not be deemed a viola tion of this rgreement. 27. No Work Performed on Labor Day, Except bp Maintenance Crew There will be no work performed on Labor Day under any circumstances. This paragraph does not apply to firemen and maintenance men whose presence in the plant is necessary to maintain the plant over any holiday. 28. Only Continuous Process Operations May Be Performed on h olidays The following days shall be considered holidays during which days there shall be no regular production work, except in cases of continuous operation, o n : New Year’s Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas, Memorial Day, and Armistice Day. 29. Employees to Receive 8 days9 Notice When Required to Work on Sundays and Holidays Members whose regularly scheduled work does not require them to work on Sunday and holidays will receive at least 3 days’ notice when required to work on such days except in cases of extreme emergency. 30. Employees to Receive 25 Hours' Notice When Required To Work on Saturday, Sunday, or Holidays Except in the case of employees whose regular workweek includes Saturday, Sunday or the holidays hereinafter designated, employees required to work on Saturdays, Sundays, or the holidays hereinafter designated shall, whenever practical, be notified at least 25 hours in advance of such Saturday, Sunday, or holiday. 31. Equal Distribution of Holiday Work Holiday work will be distributed as equally as possible among the employees competent to handle same. Making Up Holidays When holidays without pay are observed, the employee’s earnings are naturally diminished during the week in which the holiday occurs. In order to give employees an opportunity to bring their weekly earn ings up to normal, some agreements have provisions permitting em ployees to make up time lost on the holiday. Usually, make-up time is compensated at regular rates when the holiday is made up at the employee’s option. Since not only wages but also production is lost on holidays, em ployers, in some cases, may require that holiday time be made up on Saturdays at straight-time rates, provided, of course, that employees have not worked the full number of hours in the normal workweek. Other agreements, however, require payment of the premium rate for make-up time, even if less than the normal workweek has been worked. In some cases, agreements specify that employees will not be required to make up time lost due to holidays or that holidays will be made up only by mutual agreement of employer and union. Make-up time, if permitted, is generally worked on Saturdays, which is a regular day off for most employees. 32. Regular Rate Paid if Employee Elects to Make Up Time Lost on Holiday Such employees scheduled to work on any of the above holidays but given the HOLIDAYS AND W EEK-END WORK 35 day off will be permitted to make up this time by working at straight-time rate on a regular day off during the holiday week. 33. Employer May Require Holiday Make-up at Regular Rate Any work performed on Saturday is to be paid at the rate of time and onehalf, except when a holiday falls on any work day during the week. The em ployer shall then have the right to have his employees work on the Saturday of that given week at straight time, to make up the forty (40) hours. 34. Overtime Rate Required for Make-tip Time It is further agreed that the holidays to be considered shall include New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas, and there shall be no work on Labor Day. If any of these holidays come on any day of the working week, the hours lost on said holiday shall not be made up without payment on the basis of overtime as provided herein. 35. Employees Not Required to Make Up Holidays Sundays and the following holidays shall be observed: New Year’s Day, Wash ington’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day and any other weekday holiday recognized by the em ployer upon which the employer closes his store to the public. Employees shall not be required to make up time for the said holidays. 36. Holidays May Be Made Up by Mutual Agreement In the event such a holiday falls on a regular workday, the company may operate on the following Saturday by the mutual agreement of the parties hereto. 37. Employer May Request Employees to Make Up Time Lost Owing to Observvance of Religious Holidays In view of the practice of the employer of closing its factories on the three Jewish holidays of the year, namely, 2 days of the Jewish New Year and the Day of Atonement, the parties agree that the employer may request the employees to make up the time thus lost by working on 3 Saturdays and to so work at straight time. The union agrees that it will not attempt to discourage any work ers from complying with such request. If, however, immediately preceding such Saturdays and for three (3) or more consecutive Saturdays the plant has been operating, in such event, the employer shall pay time and a half for such exchange Saturdays. Holidays With Pay In the past, the prevailing practice regarding holidays for produc tion workers was to allow time off without pay on such days; but in recent years the trend has been toward granting pay for holidays not worked. A compromise arrangement found in a considerable number of agreements grants pay for some of the major holidays and allows the observance of additional holidays without pay. Unions justify paid holidays on the grounds that the observance of patriotic and religious holidays without the loss of earnings is an important element of the American standard of living; that paid holi days improve worker’s morale with resulting increases in work effi ciency and continuity of employment; and that the granting of paid holidays to salaried employees and withholding them from wage earn ers is an unjustified discrimination, 36 COLLECTIVE BARGAINING PROVISIONS Employers, on the other hand, contend that they should not be required to pay for time not worked and that paid holidays lead to excessive absenteeism on the days immediately preceding and follow ing the holiday and result in an unwarranted loss of production. In some cases, agreements list holidays to be observed without spec ifying whether employees not working on these holidays will or will not be paid. Regardless of whether the holiday is to be paid or unpaid, the agreement should be clearly drafted to cover the issue, thereby avoiding any disputes on this question. A relatively few agreements allow paid holidays to part-time and seasonal employees, while other agreements exclude such workers. 38. Pay for Six Holidays Not Worked Regular employees shall be paid for and shall not be required to work on the following legal holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 39. No Pay for Holidays Not Worked The following holidays shall be observed: New Year’s Day, Decoration Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. However, employees shall not be paid for loss of time resulting from the observance of said holidays. 40. All Legal Holidays May Be Observed but Only Four Paid Holidays Union workers may refrain from working on May 1 and all legal holidays with out pay. However, union workers shall be paid for the following legal holidays, without working, provided, however, that they must have worked during any day of the respective week in which these holidays shall f a ll: New Year’s Day, Decoration Day, Labor Day, and Thanksgiving Day. 41. Employees Allowed Six and One-half Paid Holidays With Option of One Additional Unpaid Holiday All employees in the cutting department shall be paid for the following legal holidays, which shall be observed, to w it: New Year’s Day, Decoration Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and Election Day (one-half). Workers may refrain from working on Columbus Day or May 1, but without pay. 42. Eight Holidays With Pay and Two Holidays Without Pay No employees shall be permitted to work on the following legal holidays, namely: New Year’s D ly, Lincoln’s Birthday, Washington’s Birthday, Decoration Day, Independence Day, Labor Day, Columbus Day, Election Day, Thanksgiving Day, and Christmas. Employees shall receive pay for the above-mentioned legal holidays, except that Lincoln’s Birthday and Washington’s Birthday shall not be paid for. 43. Two Paid Holidays and Five Unpaid Holidays All workers shall receive pay without work for the following legal holidays: Labor Day and Christmas Day. Work done on the following remaining legal holidays: Washington’s Birthday, Decoration Day, Fourth of July, Thanksgiving Day, and New Year’s, Saturday or Sunday, shall be paid for at the rate of time and one-half. 44. Employer To Designate Any Two Holidays as Paid Holidays Any work performed by employees covered by the terms hereof upon any of the following holidays shall be paid for at the rate of time and one-half: Sundays, HOLIDAYS AND W EEK-END WORK 37 New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, and any additional or other holiday the employer observes. The employer shall designate any two (2) of the above days on which the plant shall be closed and they shall be observed as a holiday and the employees shall be paid at straight time for eight (8) hours when not worked. 45. Pay for Holidays Which Fall on Saturday Should any of the foregoing legal holidays fall on a Saturday, the workers shall nevertheless receive holiday pay computed on the foregoing basis. 46. No Pay for Holidays Observed on Saturday All employees, regardless of their work schedules, shall be paid a holiday allow ance equal to 8 hours’ pay at straight time for the day of observance of each of the following 8 holidays that are observed on Monday through Friday, except as stated in section 2 below: (1) New Year’s Day, (2) Washington’s Birthday, (3) Memorial Day, (4) Independence Day, (5) Labor Day, (6) Armistice Day, (7) Thanksgiving Day, and (8) Christmas. In the event that the United States Congress proclaims a national holiday to commemorate the end of World War II, such date shall automatically be included as a holiday for the purpose of this agreement and will, take the place of Armistice Day. No holiday allowance shall be paid for any holiday observed on Saturday. 47. Pay for Holidays Occurring During Leave of Absence An employee shall receive holiday pay for any holiday celebrated during the first 30 consecutive calendar days of absence for any reason other than maternity leave of absence or military leave of absence. 48. Paid Holidays for Part-Time Employees Who Work 20 Hours or More Per Week A part-time union member, who is scheduled to work 20 hours or more per week, is to be paid an additional average day’s pay in any week in which the store is closed because of a legal holiday, regardless of whether or not the legal holiday falls on a union member’s regularly scheduled workday. 49. No Paid Holidays for Seasonal or Part-Time Employees However, it is agreed that regular employees (this shall not include temporary seasonal or employees working on a part-time basis) who are not required to work, shall receive eight (8) hours’ pay at their regular straight-time rate for each of the said holidays. COMPUTATION OF PAY FOR HOLIDAYS NOT WORKED In the case of salaried workers paid by the week or month, the determination of holiday pay presents no problem, and there is no need to have the agreement mention the method of computation. In the case of hourly or piece-rate workers, however, it may be desirable to spell out the computation of holiday pay. A great many agree ments fail to do so, thus providing an area of potential difficulty. For hourly workers, holiday pay is most commonly calculated at the employee’s regular hourly rate, multiplied by the number of hours in his normal workday, usually eight. Pay for pieceworkers is most often based on the employee’s average hourly earnings calculated over a specified period prior to the holiday and multiplied by his normal daily working hours; in a few cases, agreements specify the piece worker’s guaranteed hourly rate as the basis of payment. 38 COLLECTIVE BARGAINING PROVISIONS Another method of computing holiday pay is to allow a percentage of the employee’s total earnings in some specific period preceding the holiday, iy2 percent of the earnings over a 3-month period being most common^ specified. The use of a percent of total earnings, just as in vacation pay, has the advantage of reflecting both the hourly rate and the total number of hours worked in the base period. Just as 2 percent of total yearty earnings is approximately equivalent to 1 week’s pay, so the iy2 percent of total quarterly earnings is approxi mately equivalent to 1 day’s pay, depending, of course, upon the num ber of days worked during the base period. Where this method of computation is used, there is generally a provision for a minimum guarantee. A few agreements provide for the payment of a flat sum to each employee, regardless of differences in individual wage rates. 50. Eight Hours* Holiday Pay at Regular Rate for Time Workers and a t Average Hourly Earnings for Pieceworkers Time workers shall receive eight (8) hours’ pay at regular time, and piecework ers shall receive eight (8) hours’ pay at their average piecework regular hourly earnings as established in the quarter immediately preceding the holiday. 51. Holiday Pay Determined by Number of Hours in Employee*s Regular Daily Schedule Holiday pay is to be eight times the individual employee’s hourly rate. How ever, if the employee would have been regularly and permanently scheduled to work more or less than 8 hours on the day on which the holiday occurs, the em ployee is to receive as holiday pay whatever pay he would have received for work ing regularly scheduled hours on that day, had the day not been a holiday. 52. Eight Hours* Pay Regardless of Normal Scheduled Daily Hours All hourly employees, regardless of the length of their normal working day, who are off duty on a specified holiday, shall receive eight (8) hours’ straight pay. 53. Pay for Holiday Based on Percentage of Quarterly Earnings Pay for the paid holidays shall be computed as follow s: Each employee em ployed for 30 days prior to a paid holiday shall receive as and for his pay on the paid holiday, a sum equal to one and one-half (1 y2) percent of his total earnings for the 3 months preceding the paid holiday. 54. Minimum Guaranty Made Where Pay Is Based on Percentage of Quarterly Earnings Each employee of the firm shall receive pay for each of the following holidays; January 1, February 22, May 30, Labor Day, Thanksgiving, and Christmas pre ceding which he shall have been employed by the firm for not less than 30 days, his pay for each of said holidays to be a sum equal to one and one-half (1 y2) percent of his total earnings during the social-security quarter prior to the holi day for which he is to receive pay and the same to be paid to him on the regular pay day of the week within which the holiday falls. If an employee has been on the pay roll of the firm for three (3) months or over he shall receive not less than $4 for each paid holiday not worked. 55. Holiday Pay for Pieceworkers Computed at Guaranteed Minimum Rate The following legal holidays shall be observed with pay: New Year’s Day, Decoration Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. For the purpose of computing holiday pay for pieceworkers the minimum HOLIDAYS AND W EEK-END WORK 39 pay of sixty (60) cents stipulated in the minimum-wage clause shall be the method of computing holiday pay. 56. Flat Sum Payment to Each Employee The following holidays shall be observed and employees shall be paid $8 for each of said holidays: New Year’s Day, Decoration Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. 57. Pay or Compensatory Time Oft at Employer's Option When Holiday Falls on Employee's Regular Day Off Any regular (full-time) employee whose regular day off falls on a holiday shall receive an additional day’s pay therefor, or at the option of the employer shall receive an extra day off within the holiday week. 58. No Pay for Holiday Not Worked if It Falls on Employee's Regular Day Off All such employees not required to work on the above-enumerated holidays shall be paid straight time for the holiday unless the holiday falls on the employee’s regularly scheduled day off. ELIGIBILITY FOR PAY ON HOLIDAYS NOT WORKED In order to minimize absenteeism during the week in which a paid holiday occurs and to insure that only employees on the active pay roll receive pay for such holidays, many agreements require that employees work on the days immediately before and after a holiday. Other agreements require only that the employee work some part of the holi day week, while some require perfect attendance during the holiday week. In a few cases, holiday pay is prorated according to the pro portion of the week worked. Employees who do not work during the holiday week because of sickness or other excusable reasons are usually not deprived of their paid holiday. Another type of eligibility qualification is that which requires a minimum length of service with the company prior to the holiday; usually no more than 6 months’ service is required although a year’s service is specified in a few cases. Under the terms of some agreements, refusal to work on a holiday when requested to do so forfeits the employee’s right to a paid holiday. 59. Holiday Pay Eligibility Based on Seniority, Work Schedules, Attendance During Holiday Week, and Other Specified Conditions Hereafter, hourly rated employees shall be paid for New Year’s Day, Memorial Day (or one other such holiday of greater local importance which must be designated in advance by mutual agreement locally in writing), Fourth of July, Labor Day, Thanksgiving Day, Christmas Day holidays providing they meet all of the following eligibility rules, unless otherwise provided herein: 1. The employee has seniority as of the date of the holiday, and 2. The employee would otherwise have been scheduled to work on such day if it had not been observed as a holiday, and 3. The employee must have worked the last scheduled workday prior to and the next scheduled workday after such holiday within the employee’s scheduled workweek. Employees with the necessary seniority who have been laid off in a reduction of force, or have gone on sick leave during the workweek prior to or during the week in which the holiday falls shall receive pay for such holiday. 40 COLLECTIVE BARGAINING PROVISIONS When a holiday falls on Saturday, eligible employees shall receive holiday pay provided they have worked the last preceding scheduled workday within the week in which that holiday falls. When one of the above holidays falls within an eligible employee’s approved vacation period, and he is absent from work during his regularly scheduled work week because of such vacation, he shall be paid for such holiday. When an eligible employee is on an approved leave of absence and returns to work following the holiday but during the week in which the holiday fell, he shall be eligible for pay for that holiday. Employees whose work is in necessary continuous 7 day operations, as covered by paragraph (87) of the national agreement, shall receive holiday pay in the event the holiday falls on one of their regularly scheduled days off, and they meet the other eligibility requirements of this procedure for paid holiday tim e; provided, however, that if the employee works a holiday which falls on his scheduled day off or when such employees are scheduled to work on a holiday and do work, they shall not receive holiday pay under this procedure but shall be paid for time worked in accordance with the working hours section of the national agreement for that type of operation. If they are scheduled to work, they shall not receive holiday pay as provided herein if they absent themselves from scheduled work on such holiday without reasonable cause acceptable to management. Employees who have accepted * * * holiday work assignment and then fail to report for and perform such work, without reasonable cause acceptable to management, shall not receive pay for the holiday. 60. No Holiday Pay Unless Employee Works Day Before and Day A fter the Holiday Straight time shall be paid to the employees if there is no work to be per formed on said holidays, provided the employees work the working day before, and the working day after each such holiday. 61. Employee Qualifies for Holiday Pay by Working 1 D ay During Holiday Week To be eligible for payment for a holiday, the employee must have worked at least one full day during the pay-roll week. 62. Perfect Attendance During Holiday Week Required for Holiday Pay Eligi bility All regular employees who do not absent themselves during the calendar week in which a holiday occurs shall receive 8 hours’ straight-time pay. 63. Employees on Leave of Absence Eligible for Holiday Compensation The company will normally grant time off on the following holidays: Christmas, New Year’s, Fourth of July, and Labor Day. Employees to whom such holidays are granted shall receive 1 day’s pay at straight time (not to exceed eight (8) hours) provided they have worked at least the equivalent of one full regular shift during the workweek in which the holiday occurs. It shall be considered, however, that employee on a previously authorized scheduled vacation and/or sick leave for 1 day or more during the workweek in which a holiday occurs shall be considered to have worked one full regular shift during that workweek. 64. Excusable Absence Does Not Deprive Employee of Holiday Pay To be entitled to the holiday pay as aforesaid, an employee must be employed and report for work for the full day on the day preceding and the day subsequent to the holiday in question, except in the case of sickness, death in family, or other good cause. HOLIDAYS AND WEEK-END WORK 41 65. Six Months’ Service an Eligibility Requirement for Holiday Pay All employees who have been in the continuous employ of the company for at least six (6) months shall be paid for the following holidays at their regular rate of pay. Said holidays are: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. €6. Combined Service and Attendance Eligibility Requirement Any employee covered by this agreement who has been engaged for at least ninety (90) days prior to one of the holidays hereinafter specified and who has worked three (3) days during the workweek in which any of the specified holidays occur, but does not work on such holidays, shall he paid for eight (8) hours at his regular wage rate for such holiday. 67. Eligibility Requirement Less Severe for Veterans Than for Other Employees No employee shall be entitled to a paid holiday unless he shall have been on the active pay roll of the company for at least 1 year preceding the particular holiday. Veterans holding at least 1 year’s seniority and who are on the active pay roll on a paid holiday shall be entitled to be paid for such holiday. 68. Holiday Pay Prorated According to Proportion of Week Worked During the week in which a legal holiday occurs, employees working less than a full week shall be paid for the holiday pro rata for the hours worked. 69. Holiday Pay Forfeited by Failure To Work on Holiday When Requested To Do So Employees who do not work on Independence Day, Thanksgiving Day, and Christmas Day shall be paid for eight (8) hours at their regular straight-time hourly rate, provided, however, such employees shall forfeit their right to such compensation if they are scheduled or needed in an emergency to work and do not do so. Premium Rates for Work on Holidays To provide special rewards for holiday work and at the same time to discourage the scheduling of work on holidays, most agreements re quire the payment of premium rates for work performed on holidays. Time and one-half is the rate most commonly specified, although a considerable number of agreements require double time. In agreements which allow pay for holidays not worked, the pre mium rate for holiday work is usually higher than that specified by agreements providing holidays without pay. Most agreements which allow pay for holidays not worked specify the payment of at least double time when employees are required to work on holidays, and in a considerable number of agreements, the rate of payment is two and one-half or three times the regular rate. Unions justify this on the grounds that if an employee receives his regular rate for holidays not worked, the payment of anything less than double time, if he is re quired to work, would result in a rate of pay for holidays of less than straight time for regular hours of work. Moreover, the payment of anything less than double time would not be an effective deterrent against the scheduling of holiday work, since the employer must pay the regular rate for the holiday, in any event. 42 COLLECTIVE BARGAINING PROVISIONS Some agreements designate one premium rate for the first 8 hours worked on a.holiday and a higher rate for additional hours worked. In a few cases, work on major holidays is paid for at double time, while only time and a half is allowed for work on less important holi days. Also, in rare cases, the employer is given the option of paying a premium rate or granting compensatory time off within a specified period after the holiday. In addition to premium rates for work on holidays, a minimum amount of pay is sometimes guaranteed, such as half or a full day’s pay, even though only a few hours are worked on the holiday. Since company property must be guarded and a certain amount of maintenance work performed, even on holidays, agreements often specify that watchmen, firemen, engineers, and other maintenance workers may be required to work on holidays without extra compensa tion. In some cases, however, these workers are paid a specified premium rate for holiday work. 70. Time and One-half Paid for Work on Holidays The following days shall be observed as holidays: New Year’s Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day, and Labor Day. All employees required to work on these holidays shall be paid at the rate of time and one-half. 71. Double Time for Holiday Work Work performed on the following holidays falling within the normal workweek will be paid at a rate of double time: January 1, May BO July 4, Labor Day, , November 11, Thanksgiving Day, December 25, and a day which may be proclaimed by the President as VJ-day, pertaining to World War II. 72. Regular Rate Plus Double Time for Work on Paid Holiday It is further agreed that the employees shall be paid for and not required to work on the following holidays: New Year’s Day, Thanksgiving Day, and Christmas Day. In the event of an emergency and the employer required the services of an employee on any of the afore-mentioned holidays, the employee would, nevertheless, receive payment for the holiday as though he had not worked, plus double time for all work performed. 73. Double Time for Scheduled Holiday W ork; Two and One-half Times Regular Rate for Unscheduled Holiday Work (30 days’ notice to employees scheduled to work holidays). Employees who are scheduled to work on such holidays shall be compensated for hours actually worked at straight time in addition to the holiday allowance provided for in section 1 of this article (8 hours’ pay at straight time). Em ployees who are not scheduled to work on such holidays and who are called in to work shall be compensated for the hours actually worked as emergency overtime at time and one-half in addition to the holiday allowance provided for in section 1 of this article. A list of employees scheduled to work on a holiday shall be posted at least thirty (30) days in advance of such holiday. 74. Double Time for Work on Six National Holidays; Time and One-half on Other Holidays The company will pay time and one-half for all work performed on legal and State holidays. HOLIDAYS AND W EEK-END WORK 43 The company will pay double time for all work performed on the following na tional holidays: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. 75. jDouble Time for Work on Paid Holidays; Time and One-half for Work on Unpaid Holidays There shall be four (4) paid holidays which shall be Fourth of July, Labor Day, Thanksgiving Day, and Christmas. Employees required to work on these holidays shall be paid as their total compensation at the rate of double time. Should any of the above holidays fall on Sunday, the day observed by the State or Nation shall be considered the holiday and paid for as such. There shall also be two unpaid holidays which shall be New Year’s Day and Memorial Day. Employees required to work on these holidays shall be paid at the rate of time and one-half for seven (7) hours and double time thereafter. 76. Double-Time Rate for Work on H oliday; Triple-Time Rate for Work on Holiday Falling on Saturday Work on any of the holidays enumerated in paragraph VIII hereof shall be paid for at the rate of single time in addition to the regular day’s pay when said holi day occurs during a workweek, and at the rate of double time when such holiday occurs on a Saturday. 77. Time and One-half for First 8 Hours on Holiday and Double Time There after All work performed on the above holidays shall be considered overtime work, and the compensation therefor, for all work performed up to and including the eighth (8th) hour of work shall be one and one-half times the regular rate, and the compensation for all work performed on the above holidays in excess of eight (8) hours shall be double the regular pay rate. 78. Employee Working on Holiday Has Option of Extra D ay’s Pay or Compensa tory Day Off No pay-roll deductions shall be made for employees who do not work on the following legal holidays: New Year’s Day, Decoration Day, Independence Day, Labor Day, and Christmas. Employees who work on said holidays shall receive an extra day’s pay at the regular straight-time rate or a day off, whichever the employee may prefer. 79. Eight Hours’ Pay Guaranteed When Workers Called Out on Sundays or Holidays Employees required to work on a Sunday or holiday shall be paid double time. No worker shall be paid for less than eight (8) hours when called out on Sundays or holidays. 80. One-half Day’s Pay Guaranteed on Sundays and Holidays Any regular employee may be required by the employer in its discretion to work on any holiday or on Sunday of any week, which is not part of such employee’s regular working schedule, and shall be compensated for services performed on any such day at the rate of time and one-half for the hours of service so performed, but in no event less than one-half day’s pay. 81. No Holiday Premium Rate for Maintenance and Plant Protection Employees Any employees other than maintenance men, engineers, firemen, watchmen, and others performing similar service, shall receive time and one-half for work per formed on the following legal holidays only: Sundays, Decoration Day, July Fourth, Labor Day, Thanksgiving, Christmas, and New Year’s Day. 82. Premium Rate Required for Maintenance Woi k on Holidays The following days shall be recognized as holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day; 44 COLLECTIVE BARGAINING PROVISIONS and no employee shall be permitted or required to work any of such days, except ing, however maintenance workers, machine fixers and changers, who in cases of necessity or emergency may work on such holidays, but shall be paid one and one-half times their regular rates of pay for such work. Premium Rates and Limitations on Week-End Work Provisions designed to discourage the extension of work over the week end are often found in union agreements. These usually stipulate a premium rate for week-end work. However, some agreements pro hibit Saturday and Sunday work altogether. Others require the em ployer to avoid scheduling week-end work as much as possible, and in some cases no work can be done on Saturdays and Sundays except with the permission of the union. During the war the payment of premium rates for week-end work was governed by the provisions of Executive Order 92406 which allowed no premium pay for Saturday and Sunday work, as such, but permitted the payment of time and one-half for work on the sixth consecutive day of the workweek and required double time for the seventh day. Since the cancellation of Executive Order 9240 on August 21, 1945, many agreements have reinstated provisions requir ing premium rates for work performed on Saturday and Sunday. Time and one-half is usually specified as the Saturday rate and double time as the Sunday rate. Other agreements make no reference to Sat urday and Sunday work as such, but require time and one-half and double time for the sixth and seventh days, respectively, of the em ployee’s workweek. Certain types of employees, such as plant-protection and mainte nance employees, who regularly work on week ends, ordinarily receive no extra compensation for such work. Few agreements have special provisions regarding continuous-process workers whose regular sched ule includes week ends, but rotation of shifts is common in such in dustries and Saturdays and Sundays are thereby distributed with more or less regularity among all employees. Occasionally, the question arises as to what constitutes regularly scheduled Sunday work for which no premium rate is to be paid, and a few agreements have provisions defining such work. 83. Time and One-half for Saturday, Sunday, and Holiday Work For work performed on Saturdays, Sundays, or holidays, employees shall be paid at the rate of time and one-half time. 84. Double Time for Saturday, Sunday, and Holiday Work All work performed on Saturdays, Sundays, and legal holidays shall be paid for at the rate of double time. A permit shall be obtained from the officer• • For a more detailed discussion of Executive Order 9240, see article by I. Robert Feinberg and Arthur H. Dadian, in Monthly Labor Review, August 1944, also reprinted as Serial No. R. 1676. HOLIDAYS AND W EEK-END WORK 45 of the local union when members are required to work on Saturdays, Sundays, and legal holidays. 85. Time and One-half far Saturday W ork; Double Time for Sunday Employees regularly scheduled to work Monday through Friday shall be paid time and one-half for work performed on Saturday and double time for work performed on Sunday. 86. Time and One-half for First 4 Hours of Saturday W ork; Double Time Thereafter All work performed on Saturday shall be paid for at the rate of time and onehalf for the first four (4) hours and double time thereafter. 87. Time and One-half for 8 Hours of Work on Saturday; Double Time There after All work done on Saturdays by any employee during such employee’s normal working hours shall be paid for at one and one-half times the regular straighttime rate. Any work in excess of 8 hours on Saturday or before or after the employee’s normal working hours shall be paid for at double the regular straight-time rate. 88. Time and One-half for Sixth Consecutive Day of Workweek; Double Time for Seventh Day An employee shall be paid at one and one-half times his regular basic rate for all work performed by him on the sixth consecutive day worked by him in a workweek, and at double his regular basic rate for all work performed by him on the seventh consecutive day worked by him in a workweek. For purposes of this section “day” shall be interpreted to mean a calendar day. 89. Premium Rate for Work on Saturday Only When I t Is the Sixth D ay of the Workweek Overtime for Saturday work will be paid only when Saturday constitutes the sixth day in the regularly scheduled workweek on which any work was performed by the individual concerned, in which event all hours worked will be paid for at the rate of time and one-half. 90. Premium Rate for Saturday Waived if Absent During Week Time and one-half shall be paid for work on Saturday, unless an employee has been absent during the preceding five (5) days without approval of the super intendent. 91. Time and One-half for Sunday; Double Time if Sunday Is the Seventh Consecutive Day The company shall pay time and one-half for work performed on Sunday, unless it is the seventh consecutive day worked by an employee, in which event the com pany shall pay double time. 92. Time and One-half for First 8 Hours on Seventh Consecutive D a y; Double Time Thereafter The seventh (7th) consecutive day worked shall be paid for at time and onehalf the straight-time rate for the first eight (8) hours and double the straighttime rate after eight (8) hours. 93. Time and One-half for Sunday Work, Except for Regularly Scheduled Shifts AH work performed on Sundays shall be paid for at the rate of time and onehalf, except in the case of powerhouse employees and watchmen, and except in the case of such employees engaged in continuous operation whose shifts shall include a Sunday as part of a 5-day shift. 46 COLLECTIVE BARGAINING PROVISIONS 94. Premium Pay of 10 Gents Per Hour for Regularly Scheduled Saturday and Sunday Work Maintenance employees will be paid a bonus of ten (10) cents per hour on Saturday and Sunday when these days are part of their regularly scheduled forty(40) hour workweek. Overtime will be paid only on the sixth or seventh day worked in their regu larly scheduled workweek. When overtime is paid, the ten- (10) cent bonus will not be paid. 95. Premium Pay of 10 Cents Per Hour for Regularly Scheduled Sunday Work Premium pay of 10 cents per hour shall be paid to all employees who work on Sundays as their regularly scheduled workdays. 96. No Sunday Premium Pay for Watchmen and Maintenance Men Sunday being universally considered a day of rest, shall be observed as a holiday and all work performed on that day shall be at double time excepting watchmen, firemen, engine room, boiler room, fuel pile, and dry kiln attendants, including transfer operators necessary to charge and discharge kilns and such other work as union and company may agree upon. 97. Week-End Premium-Pay Provisions Do Not Apply to Watchmen and Boilerhouse Attendants. Time and one-half shall be paid for any time after four (4) hours of work on Saturdays, and double time on Sundays, provided, however, this will not apply to watchmen and boilerhouse attendants. 98. No Premium Pay to Continuous-Process Workers for Saturday and Sunday Work as Such Employees working in process occupations who are scheduled to work on Satur days and Sundays shall work these days at straight time, provided these days are not the sixth or seventh workdays in the workweek, in which case prescribed overtime rates shall be paid. 99. No Sunday Premium Pay to Employees Whose Regular Shift Schedule In cludes Sunday Employees whose regular shift assignment requires them to work on Sunday shall receive straight-time pay for their regular Sunday hours and another day shall be assigned as their regular day off and double time shall be paid for all time worked on that day. 100. Definition of Regularly Scheduled Sunday Work Regularly scheduled Sunday jobs are not subject to time and one-half ( l 1 /^) payment. When work is scheduled for four (4) or more consecutive Sundays, it will be considered a regularly scheduled Sunday job. Employees will receive one and one-half (1%) times their regular rate for Sunday work which is not regularly scheduled. 101. Saturday and Sunday Work Prohibited Under no condition shall work be done on Saturday or Sunday. 102. Only Necessary Work To Be Performed on Saturdays No work shall be performed on Saturday except in the case of necessity. 103. No Week-End or Holiday Work Except with Permission of Union Work on Saturdays, Sundays, or holidays shall not be permitted except in the case of emergency and with the permission of the union. The union shall be sole judge of the existence of an emergency. 104. Sunday and Holiday Work To Be Distributed Among All Employees Schedules shall be arranged so that all employees shall rotate on Sunday and holiday wrork so far as is fair and practical. N ote. This clau se is from an agreement covering building-service employees. HOLIDAYS AND WEEK-END WORK 47 Eligibility for Premium Pay on Week Ends I f premium rates are paid for the sixth and seventh consecutive days of the regularly scheduled workweek, the problem of determin ing what constitutes the sixth and seventh day often causes confusion. To prevent misunderstanding, the agreement might specify what ab sences, if any, shall be counted as time worked for the purpose of determining the sixth and seventh day. Unexcused and unjustified absences are usually specifically excluded in computing the sixth and seventh days, and agreements which pro vide premium rates for Saturday work, as such, sometimes specify that the employer may require unjustified absences to be made up on Saturdays without payment of the penalty rate. Certain excused absences are sometimes considered days worked in determining the sixth and seventh consecutive days of work. Such excused absences may include holidays on which no work is done, days on which em ployees report but are sent home for lack of work, absences owing to illness, jury duty, and leave for union business. 105. Absences for Specified Reasons Counted as Time Worked in Determining Sixth and Seventh Day of Workweek Time and one-half the straight-time base rate on a regular workday shall be paid for all hours worked on the sixth and seventh consecutive days, respec tively, worked in a workweek. Days or parts of days not worked due to any of the causes specified below shall be counted as whole days worked for the purpose of determining when the sixth or seventh consecutive days have been worked in a workweek. 1. Jury duty responsive to a summons. 2. Holidays enumerated in this article. 3. R gularly designated vacation days. 4. Preinduction physical examination at a draft board. 5. A day for which call-in pay has been paid. 6. Death and funeral in the immediate family (wife and children, and mother, father, brothers, and sisters). 7. A day on which an employee is sent home because of illness or an accident in the plant. 8. Quarantine at the employee’s home. 9. Acting as pallbearer at funeral of another employee. 10. Time spent on grievances and arbitration. 11. Time spent in answering a subpena as a witness but not if the employee is a party to the proceeding. 12. A regularly scheduled workday on which management provides no work ing opportunity. 106. Part Day Worked Considered Full Day Worked in Computing Eligibility for Sixth and Seventh Workday Premium Pay For the purpose of computing overtime pay on the sixth and seventh consecu tive days worked in the workweek a part of a day worked shall be considered as a full day worked. 48 COLLECTIVE BARGAINING PROVISIONS 107. Maximum Allowance of 2 D ays9 Absence in Determining Sixth and Seventh Days of Workweek For the purpose of computing days of work in determining the sixth and seventh consecutive day of work in any regularly scheduled workweek, days of total or partial absence for the following reasons shall be considered justifiable absences and shall be counted as days of w ork: 1. Absence due to illness or industrial accident which is reported immediately to the personnel department and necessity therefor has been certified by the company doctor or nurse; 2. Absence to attend draft board proceedings where the board requires the employee to report during his regular working hour; 3. Absence because of serious illness, injury or death in the employee’s im mediate family which is defined to consist of the family group living together in one house, and also the employee’s children, father, mother, brothers, and sisters; 4. Days absent when the company has no work available for the employee. No more than 2 days of total or partial absence in any 1 week for any one or more of the above reasons shall be counted as days of work for any single employee. 108. Unexcused Absence During Week Cancels Right to Premium Pay on Sixth Day Time and one-half for the sixth day, as such, shall not be paid to any employee who is absent from work during the week for an unjustifiable personal reason. 109. Employer May Require Unexcused Absence To Be Made Up on Saturday Without Payment of Premium Rates Any work done on Saturday or Sunday shall also be paid for at the rate of time and one-half. All workers who lose time on their own accord and who are unable to give a valid and justified reason for same, the employer shall have the right to have such workers make up time on Saturday at their regular rate of pay. Index v a c a t io n s Page CO CO CO CO ^ T jH ^ tftiQ IQ IQ tO COCO coco 49 CO CO CO Clauses Length of vacation same for all eligible employees: 1. One week's vacation after 6 months' service_________________ __ 2. One week after 1 year_______________________________________ 3. Two weeks after 1 year______________________________________ 4. Two weeks' vacation to all union members; no service requirement specified_________________________________________________ Length of vacation graduated according to duration of employment: 5. One week after 6 months, 2 weeks after 1 year___________ ______ 6. One week after 6 months plus 1 day extra per month up to 1 year, 2 weeks after 1 year, 3 weeks after 5 years__________________ 7. One week after 1 year, 2 weeks after 2 years_______ ___________ 8. One week after 1 year, 2 weeks after 3 years___________________ 9. One week after 1 year, 1}i weeks after 3 years, 2 weeks after 5 years. 10. One week after 1 year, 2 weeks after 5 years___________________ 11. One week after 1 year, 2 weeks after 5 years, 3 weeks after 15 years____________________________________________________ 12. Twenty-one days after 1 year, 10 days after 6 months__________ 13. Vacation prorated according to months and years of service___ 14. Employees with insufficient service for 1-week's vacation receive 1 day for each 3 months' service___________________________ 15. One day for each year; maximum of 10 days' vacation__________ 16. Extra 2 weeks' vacation granted every fifth anniversary year after 19 years' service_____________________________________ 17. Sex differential in service requirement for 3 weeks' vacation____ 18. Vacation allowances different for hourly paid and salaried foremen . Effect on vacations when holidays occur during vacation periods: 19. Additional day's pay added to vacation_______________________ 20. Additional day of vacation___________________________________ 21. Additional day given only to those meeting minimum work re quirement________________________________________________ 22. No allowance for holidays____________________________________ 23. No extra compensation for holidays occurring during vacation unless employer ordered vacation at that tim e--------------------24. Employer has option of extending vacation by 1 day or paying ad ditional compensation for the holiday_______________________ 25. Employee has option of extending vacation by 1 day or accepting additional compensation for the holiday_____________________ 26. Holidays may be accumulated and added to vacation period___ Effect of absences in computing length of employment: 27. Time lost because of lay-off, sickness, or leave of absence not de ducted from employee's length of service..-------- ------------------28. Time lost as the result of an accident counts as part of continuous service___________________________________________________ 50 INDEX Effect of absence in computing length of employment—Continued Page 29. Time lost because of strike not deducted in determining length of service___________________________________________________ 7 30. Leaves of absence up to 6 months included in computing length of service-----------------------------7 31. Lay-off up to 6 months not included in computing length of service. 7 32. Absence up to 60 consecutive working days does not break con tinuous service for vacation________________________________ 8 33. Only time actually worked considered in determining length of service___________________________________________________ 8 Effect of quits, discharges, or transfers in computing length of employment: 34. Employees rehired after quit or discharge receive no credit for serv ice prior to such termination_______________________________ 8 35. Allowance made for previous service with employer, even if in te r r u p te d ...___________________________________________ 8 36. Employees rehired after lay-off given credit for service prior to lay-off; no credit for previous service if rehired after quit or dis charge___________________________________________________ 8 37. Employees transferred to another plant of same company retain service accumulated prior to transfer_______________________ 8 Cut-off dates specified for completion of service requirement: 38. Length of service required for vacation must be completed by specified eligibility date----- -----------------------------------------------8 39. Service requirement to be completed as of individual employee’s anniversary date__________________________________________ 9 40. Employee allowed vacation if service requirement completed between two specified eligibility dates---------------------------------9 Minimum work requirements: 41. Minimum work requirement of 1,200 hoursduring year_________ 10 42. Minimum work requirement of 38 weeks during year---------------10 43. Earnings in 75 percent of pay periods required, as well as mini mum number of hours_____________________________________ 10 44. Alternative of 760 hours or 95 reports for workduring year_____ 10 45. Differential in minimum work requirement for 1-week and 2-week vacations________________________________________________ 10 Effect of absences on minimum work requirements: 46. Time lost through lay-off up to 90 days counted as time worked in determining vacation eligibility____________________________ 10 47. Minimum work requirement of 10 months, but exception made for absences beyond control of employee---------------------------------11 48. Allowance of 50 days for illness or injury in meeting minimum work requirement_________________________________________ U 49. Allowance of 35 days’ absence in addition to time lost because of lay-offs, injury, and illness___________________________ 11 50. Employees failing to work 185 days during the year receive vacation proportionate to number of days worked___________ 11 Loss of vacation rights for disciplinary reasons: 51. Partial loss of vacation for failure to report accident. ........... .......... 11 52. Absence without permission or excuse forfeits vacation rights----11 53. Excessive tardiness or absence without permission cancels vaca tion rights________________________________ 11 54. Refusal to work during shut-down periods disqualifies employee— 12 55. Vacation reduced one-twelfth for each 30 days’ absence________ 12 INDEX Vacation rights of employees leaving the company: 56. Employees leaving the company receive pay for vacation earned. _ 57. Pro rata vacation allowance given upon termination of employ ment____________________________________________________ 58. Pro rata vacation allowance to employees with less than 1 year's service___________________________________________________ 59. No pro rata allowance for employees ineligible for a full week's vacation_________________________________________________ 60. Pro rata vacation pay to laid-off employees who have at least 6 months' service in current year____________________________ 61. Laid-off employee receives vacation if reemployed within 12 months__________________________________________________ 62. Vacation allowance more generous for employees laid off than for employees quitting or discharged___________________________ 63. Employees who resign or are discharged receive pay only for vacation which has been postponed_________________________ 64. Pro rata vacation pay if employer disposes of his establishment__ 65. In case of death, accrued vacation pay given to employee's estate. _ 66. Accrued vacation pay given upon termination of employment even though employee does not give notice of resignation_____ 67. Employees discharged for cause or who quit without notice forfeit vacation pay_____________________________________________ 68. Termination ofemployment forfeits vacation rights____________ 69. Employees discharged for cause granted vacation pay, those quitting voluntarily forfeit vacation------------------------------------Vacation rights of employees entering and returning from military service: 70. Two weeks' vacation pay to inductees with 6months' service____ 71. Inductees and veterans receive full vacation pay_______________ 72. Vacation allowance graduated according to length of service at time of induction_________________________________________ 73. Inductee receives vacation due him or which would be due him had he worked until the eligibility date_____________________ 74. Pro rata vacation pay to inductees______________ 75. Minimum work requirement waived for inductees-------------------76. Minimum work requirement modified for inducteesand veterans.. 77. Minimum work requirement waived for veterans______________ 78. Minimum work requirement not waived for veterans__________ 79. Time spent in armed forces counts as part of continuous service for vacation______________________________________________ 80. Returning veterans qualify for vacations 6 months after their return and receive seniority credit for time spent in armed forces______________________________ 81. Date of return from military service determines amount of vaca tion pay_________________________________________________ 82. Vacation pay for returning veteran based on the average of the department to which he returns____________________________ 83. Vacation pay based on percentage of earnings in year prior to induction________________________________________________ 84. Computation of vacation pay different for veterans____________ 85. Employees in the armed forces given vacation pay as bonus-------- 51 Page 12 12 12 12 13 13 13 13 13 13 13 13 14 15 15 15 15 15 15 15 15 16 16 16 16 16 16 17 17 17 52 INDEX Vacations for part-time and seasonal workers: 86. Permanent part-time employees receive same vacation as full time employees___________________________________________ 87. Extra employees subject to minimum work requirement for vaca tion eligibility____________________________________________ 88. Vacation allowance proportionate to average number of hours worked per week__________________________________________ 89. Compensation of part-time employees in proportion to their regu larly scheduled workweek__________________________________ 90. Pay for eligible part-time employees based on average weekly earnings, without minimum guaranty________________ 91. Pay for part-time employees computed in the same manner as for full-time employees. _______________________________________ 92. Two days’ vacation for eligible seasonal employees_____________ 93. Workers employed by two or more employers during the year re ceive vacation pay from each in proportion to the time em ployed--------------------Specified number of hours' pay for each week of vacation: 94. Forty-four hours' pay per week at employee's regular rate______ 95. Forty hours' pay at hourly rate averaged over 4-week period___ 96. Forty hours' pay at employee's present rate or rate at which he has worked most time during year, whichever is higher___ . . . 97. Vacation pay based on 40 or 48 hours, depending on length of prevailing workweek______________________________________ 98. Allowance made for overtime employee would have received if he had worked during his vacation period______________ 99. Allowance made for shift premium________ 100. Six days' pay for each 7 days of vacation____________________ Vacation pay based on average weekly earnings over specified period: 101. Average weekly earnings for 13-weekperiod---------------------------102. Weeks in which lost time occurs excluded in computation of average weekly earnings_________________________________ 103. Maximum and minimum hours' pay at average earnings, basis of average weekly earnings__________________________________ 104. Average weekly hours worked by all multiplied by individual's average hourly earnings__________________________________ Vacation pay based on percentage of annual earnings: 105. Two percent of gross annual earnings for each week of vacation. 106. Minimum guaranty specified when pay is based on percentage of annual earnings-----------------------------------------------------------107. Vacation pay computed as 2% percent of annual earnings, ex cluding overtime pay_____________________________________ 108. Pay for week of vacation varies from 1 to 3 percent, according to length of service_______________________________________ 109. Two percent of previous year's earnings or 48 hours’ pay, which ever is greater___________________________________________ Central fund financed by employer and administered by union: 110. Two percent of employer's weekly pay roll----------------------------Flat-sum payment: 111. Flat sum regardless of differences in individual wage rates or earnings, but graduated according to service_______________ 112. Flat-sum payments to all employees with 1 year's service; pro rata payment to employees with less service_____ __________ Page 18 18 18 18 18 18 18 19 20 20 20 20 20 21 21 21 21 21 21 21 22 22 22 22 22 22 22 INDEX Flat-sum payment—Continued 113. Ten dollars per day, graduated vacations_____________________ Basis of computation different for time and piece workers: 114. Time workers paid at regular hourly rate; pieceworkers on basis of average hourly earnings________________________________ 115. Regular weekly rate for week workers; average weekly earnings for pieceworkers_________________________________________ Other vacation pay provisions: 116. Regular rate used in computation when temporary rate is lower. 117. Rate used in computation depends on percentage of time worked at that rate____________________________ _________________ 118. Commissions considered in computing vacation pay___________ 119. Vacation pay includes special bonus in addition to regular base pay----------------------------------------------------------------------120. Employee to be given vacation pay prior to vacation.________ 121. Premium payment if employee works sixth or seventh day of vacation________________________________________________ 122. Vacation pay equals amount employee would have earned by working_________________________________________________ Pay in lieu of vacation: 123. Payment in lieu of vacation prohibited______________________ 124. No bonus in lieu of vacation except in emergency by mutual consent of company and union__________________________ 125. Payment in lieu of vacation if operating conditions do not permit shut-down------------------------------------------------------------126. Employee may not be compelled to accept pay in lieu of vacation. 127. Pay at premium rate in addition to vacation pay if employee re quired to work during first week of his vacation____________ 128. Pay in lieu of second week of vacation optional with employee. 129. Pay in lieu of second week of vacation mandatory___________ 130. Pay in lieu of vacation if employee is prevented from taking vacation because of illness________________________ Vacation schedules: 131. Summer months specified; exception permitted at discretion of company________________________________________________ 132. Company has final decision in schedulingvacations____________ 133. Employer schedules vacations but must give employee 1 week's notice__________________________________________________ 134. Company and union jointly determine scheduling of vacations. 135. Company required to confer with union before making up vaca tion schedule____________________________________________ 136. Seniority the determining factor in allotment of vacation dates. 137. Senior employees get first choice of vacation periods but must make selection before specified date______________________ 138. Vacations to be taken at a time mutually agreeable to employer and employee_________________________________________ 139. Employees entitled to 2 or more weeks may take vacation at any time____________________________________________________ 140. Not more than 10 percent of employees in any department may take vacations at the same t im e ..- _______________________ 141. All employees take vacation at the same time during specified week___________________________________________________ 142. Vacation week to be designated by company________________ 53 Page 23 23 23 23 23 23 23 23 24 24 24 24 24 24 24 25 25 25 25 26 26 26 26 26 26 26 26 26 27 27 54 INDEX Vacation schedules—Continued 143. If plant shuts down for any reason, company may designate such shut-down as the vacation period_____________________ 144. Industry shut-down at specified time for all except maintenance employees_______________________________________________ 145. Vacations to be taken during slack season as far as possible___ 146. Employee may request vacation during temporary lay-off_____ Cumulation of vacations: 147. Cumulation of vacations prohibited________________________ 148. No cumulation unless vacation postponed at employer's request. 149. Cumulation of vacation periods for 2 years permitted___ ____ 150. Cumulation of vacation time up to maximum of 4 weeks per mitted__________________________________________________ Split vacations: 151. No split vacations unless mutually agreeable to company and employee_______________________________________________ 152. Two-week vacations may be split into weekly periods__________ 153. Vacation split into summer and winter periods________________ 154. Employee has option of taking vacation at one time or spread ing it over the year____________________________________ Combining vacation with sick leave: 155. Employee has option of using 96 hours' paid leave as vacation or sick leave_____________________________________________ 156. Unused paid sick leave may be added to vacation time_____ 157. Vacation time may be used as sick leave__________________ 27 27 27 27 27 27 27 27 28 28 28 28 28 28 28 HOLIDAYS AND W EE K -E N D WORK Observance of holidays: 1. Six holidays to be observed__________________________________ 2. Seven general and 13 religious holidays observed_______________ 3. Holiday of local importance may be substituted for one of national holidays_________________________________________________ 4. Local practice determines whether certain additional holidays will be observed__________________________________________ 5. All National and State holidays to be observed________________ 6. Racial interests considered in designating holidaysto be observed. 7. Religious holidays observed at employee's option______________ 8. Victory day to be observed if declared a national holiday_______ 9. World War II holiday, if officially declared, substituted for Armistice D ay____________________________________________ 10. Holiday offering longer week end observed____________________ 11. Time limits of holiday defined_______ 12. Shift schedule determines when holiday begins and ends________ 13. Holiday falling on Sunday observed the followingMonday______ 14. No premium rate for work on Monday when holiday falls on Sunday__________________________________________________ 15. State or National practice determines day to be observed when holiday falls on Sunday____________________________________ 16. Holiday falling on Saturday observed on preceding day_________ 17. Employee granted compensatory time off when holiday falls on his regular day off____________________________________________ 18. Holidays occurring on day when no work is scheduled shall not be considered holidays_______________________________________ 30 30 31 31 31 31 31 31 31 31 32 32 32 32 32 32 32 32 INDEX Limitations on holiday work: 19. Work prohibited on specified holidays________________________ 20. Work prohibited except by agreement between company and union____________________________________________________ 21. Work permitted, with consent of union, on holidays other than Labor Day_______________________________________________ 22. Sunday and holiday work kept at minimum consistent with satisfactory service to public_______________________________ 23. Company to avoid scheduling work on holidays________________ 24. No holiday work except in cases of necessity__________________ 25. No employee required to work on holiday unless a majority of employees in designated unit are required to work______ *____ 26. Failure to work on specified holidays not deemed violation of agreement ______________________________________________ 27. No work performed on Labor Day, except by maintenance crew28. Only continuous process operations may be performed on holidays. 29. Employees to receive 3 days’ notice when required to work on Sundays and holidays_____________________________________ 30. Employees to receive 25 hours’ notice when required to work on Saturday, Sunday, or holidays_____________________________ 31. Equal distribution of holiday work___________________________ Making up holidays: 32. Regular rate paid if employee elects to make up time lost on holiday__________________________________________________ 33. Employer may require holiday make-up at regular rate_________ 34. Overtime rate required for make-up time______________________ 35. Employees not required to make up holidays__________________ 36. Holidays may be made up by mutual agreement_______________ 37. Employer may request employees to make up time lost owing to observance of religious holidays____________________________ Holidays with pay: 38. Pay for six holidays not worked______________________________ 39. No pay for holidays not worked______________________________ 40. All legal holidays may be observed but only four paid holidays. _ 41. Employees allowed six and one-half paid holidays with option of one additional unpaid holiday_____________________________ 42. Eight holidays with pay and two holidays without pay_________ 43. Two paid holidays and five unpaid holidays___________________ 44. Employer to designate any two holidays as paid holidays_______ 45. Pay for holidays which fall on Saturday_______________________ 46. No pay for holidays observed on Saturday____________________ 47. Pay for holidays occurring during leave of absence_____________ 48. Paid holidays for part-time employees who work 20 hours or more per week_________________________________________________ 49. No paid holidays for seasonal or part-time employees__________ Computation of pay for holidays not worked: 50. Eight hours’ holiday pay at regular rate for time workers and at average hourly earningsfor pieceworkers____________________ 51. Holiday pay determined by number of hours in employee’s regu lar daily schedule_________________________________________ 52. Eight hours’ pay regardless of normal scheduled daily hours-----53. Pay for holiday based on percentage of quarterly earnings--------54. Minimum guaranty made where pay is based on percentage of quarterly earnings------------------------------------------------------------ 55 Page 33 33 33 33 33 33 33 33 34 34 34 34 34 34 35 35 35 35 35 36 36 36 36 36 36 36 37 37 37 37 37 38 38 38 38 38 56 INDEX Computation of pay for holidays not worked— Continued Pag« 55. Holiday pay for pieceworkers computed at guaranteed minimum rate---------------------38 56. Flat sum payment to each employee__________________________ 39 57. Pay or compensatory time off at employer's option when holiday falls on employee's regular day off__________________________ 39 58. No pay for holiday not worked if it falls on employee's regular day off___________________________________________________ 39 Eligibility for pay on holidays not worked: 59. Holiday pay eligibility based on seniority, work schedules, at tendance during holiday week, and other specified conditions-39 60. Nc* holiday pay unless employee works day before and day after the holiday______________________________________________ 40 61. Employee qualifies for holiday pay by working 1 day during holiday week_____________________________________________ 40 62. Perfect attendance during holiday week required for holiday pay eligibility________________________________________________ 40 63. Employees on leave of absence eligible for holiday compensation. 40 64. Excusable absence does not deprive employee of holiday pay___ 40 65. Six months' service an eligibility requirement for holiday pay___ 41 66. Combined service and attendance eligibility requirement_______ 41 67. Eligibility requirement less severe for veterans than for other employees________________________________________________ 41 68. Holiday pay prorated according to proportion of week worked___ 41 69. Holiday pay forfeited by failure to work on holiday when requested to do so__________________________________________________ 41 Premium rates for work on holidays: 70. Time and one-half paid for work on holidays--------------------------42 71. Double time for holiday work________________________________ 42 72. Regular rate plus double time for work on paid holiday_________ 42 73. Double time for scheduled holiday work; two and one-half times 42 regular rate for unscheduled holiday work___________________ 74. Double time for work on six national holidays; time and one-half on other holidays_________________________________________ 42 75. Double time for work on paid holidays; time and one-half for work on unpaid holidays________________________________________ 43 76. Double-time rate for work on holiday; triple-time rate for work on holiday falling on Saturday.________________________________ 43 77. Time and one-half for first 8 hours on holiday and double time thereafter___________ 43 78. Employee working on holiday has option of extra day's pay or compensatory day off_____________________ 43 79. Eight hours' pay guaranteed when workers called out on Sundays or holidays_________________________________________ 43 80. One-half day's pay guaranteed on Sundays and h o lid a y s-._____ 43 81. No holiday premium rate for maintenance and plant protection employees________________________________________________ 43 82. Premium rate required for maintenance work on holidays_______ 43 Premium rates and limitations on week-end work: 83. Time and one-half for Saturday, Sunday, and holiday work____ 44 84. Double time for Saturday, Sunday, and holiday work__________ 44 85. Time and one-half for Saturday work; double time forSunday— 45 86. Time and one-half for first 4 hours of Saturday work; double time thereafter_________________________________________________ 45 INDEX Premium rates and limitations onweek-end work— Continued 87. Time and one-half for 8 hours of work on Saturday; double time thereafter________________________________________________ 88. Time and one-half for sixth consecutive day of workweek; double time for seventh day______________________________________ 89. Premium rate for work on Saturday only when it is the sixth day of the workweek__________________________________________ 90. Premium rate for Saturday waived if absent during week_______ 91. Time and one-half for Sunday; double time if Sunday is the seventh consecutive day________________ 92. Time and one-half for first 8 hours on seventh consecutive day; double time thereafter_____________________________________ 93. Time and one-half for Sunday work, except for regularly scheduled shifts____________________________________________________ 94. Premium pay of 10 cents per hour for regularly scheduled Saturday and Sunday work_________________________________________ 95. Premium pay of 10 cents per hour for regularly scheduled Sunday work_____________________________________________________ 96. No Sunday premium-pay for watchmen and maintenance men__ 97. Week-end premium-pay provisions do not apply to watchmen and boilerhouse attendants_____________________________________ 98. No premium pay to continuous-process workers for Saturday and Sunday work as such______________________________________ 99. No Sunday premium pay to employe 3S whose regular shift sched ule includes Sunday_______________________________________ 100. Definition of regularly scheduled Sunday work_________________ 101. Saturday and Sunday work prohibited________________________ 102. Only necessary work to be performed on Saturdays____________ 103. No week-end or holiday work except with permission of union_ 104. Sunday and holiday work to be distributed among all employees__ Eligibility for premium pay on week ends: 105. Absences for specified reasons counted as time worked in deter mining sixth and seventh day of workweek__________________ 106. Part day worked considered full day worked in computing eligi bility for sixth and seventh workday premium p a y __________ 107. Maximum allowance of 2 days’ absence in determining sixth and seventh days of workweek_________________________________ 108. Unexcused absence during week cancels right to premium pay on sixth day_________________________________________________ 109. Employer may require unexcused absence to be made up on Saturday without payment of premium rates________________ 57 Page 45 45 45 45 45 45 45 46 46 46 46 46 46 46 46 46 46 46 47 47 48 48 48