Common use of Hours of Service and Overtime Clause in Contracts

Hours of Service and Overtime. The principle of the week is and an average of hours in assigned service shall constitute a basic four-week period. As the nature of the work performed necessitates irregular distribution of employees, hours of work and days of assignment, the principle of averaging will be in accordance with the formula. Employees will be advised the dates of their averaging periods. (a) Regularly assigned employees shall be paid a basic salary for each two-week period. Hours Example Credited Paid four-week period four-week period Guarantee Adjustment Nil Hours worked for each consecutive period will be averaged to determine time worked in excess of the aggregate basic hours and hours in excess of the aggregate shall be paid at time and one-half. 1 four-week period four-week period Adjustment hours 1 ‘Payable 1 pay period after the period involved. Regularly assigned employees who do complete their assignment for whatever reason (excluding vacation with pay) will be entitled to minimum hours as follows: Pay adjustments will be due and payable on the first pay period after the period The make up of guarantee for assigned employees will be prorated on the basis of positions worked in the guarantee period. Spare employees shall be paid for total worked in each pay period at pro rata hourly rates. Hours worked by spare employees for each designed period will be totalled. Hours in excess of the total basic hours of for the periods involved will be paid at time and one-half. 1 four-week period four-week period Basic hours Adjustment hours 1 straight time Previously paid hours at straight time rates. Adjustment due hours at straight time rates. Hours Hours Example Credited Paid four-week period four-week period Basic b-week hours Adjustment Nil For the purpose of computing time worked by an employee during a four-week period, time shall be counted from the first day of the period until midnight on the last the same period. (a) Assigned employees will not be required to perform work on another assignment to make up their guarantee for the basic four-week period. Assigned employees who are removed from their assignment to perform other service will be paid not less than the bulletined hours of their assignment, if they have been prevented from taking out their regular assignment. In such case, all hours worked in excess of the trip missed on their assignment will be paid over and above their guarantee and included in the accumulation of hours under Article if work is performed entirely during layover, except as referred to in Article they shall be credited with actual time worked and time ▇▇▇▇ be paid over and above guarantee and included in the accumulation of hours under Article Assigned employees on a regular run who are held at their away-from-home terminal beyond the established layover period shall be credited with 8 hours for each hour period, computed from expiration of their layover period, and actual time up to 8 hours for less than a hour period. Where the established layover period exceeds hours, the time shall be computed from the expiration of hours after release from duty. Assigned employees held out of service at a point shall be credited with 8 hours for each period or the actual time of up to 8 hours for less than a period. When necessary and reasonable such employees will be provided with lodging accommodation (including transportation to lodging accommodation) by the company. Assigned employees held for service at their home terminal during layover shall be credited with 8 hours for each period so held and actual time of up to 8 hours for less than a period. prevented taking out their regular assignment, Article will apply. Employees may be used off their assignments in cases of emergency, temporary promoted positions or special assignments and they will be returned to their assignment as soon as practicable. Employees laid off or displaced who choose to exercise their seniority rights or return after having exercised seniority rights will not be paid for deadheading but will be provided with free meals and sleeping accommodation. than a period (time to be computed from reporting time to release time). Spare employees will be governed by the bulletin of a run for the they are required to relieve regularly assigned employees. Spare employees performing unassigned service will be paid on a minute basis with a minimum of four hours for each call for terminal duty, and a minimum of four hours for a one-way trip and 8 hours for a round trip. Employees shall be allowed a minimum of 8 calendar days’ layover at their home terminal for each designed four-week period. Spare employees operated In extra service in one direction and returned deadhead to their home terminal will be compensated at the rate for classification of the position worked on the going trip. If spare employees are returned to their home terminal in service in a higher classification than the one worked on the going trip, they will be compensated at the rate of pay for the higher classification. spare employees are returned to their home in service in a classification lower rated than the one worked on the going trip they will be compensated at the rate of the classification worked on the going trip. Time deductions for rest periods will be as follows: (a) Meal Service Employees a maximum of 8 continuous hours per night between hours and h o u r s . Coach Lounge ‘Employees a maximum of 6 continuous hours per night between hours and hours. If an assigned employee is required to work any part of his/her rest period, such hours will be paid over and above his/her guarantee and included In the accumulation of hours under Article (a) Employees assigned to a special train (or sections thereof) or extra equipment attached to a regular train (or sections thereof) and employees used to augment regular crews shall be considered as employees assigned to a special movement. Employees assigned to special movements will be paid from the time required to report for duty until released from duty, with deductions made for rest periods in accordance with Article Employees assigned to special movements and held at a point will be paid eight hours for each period so held or actual time of up to eight hours for less than a period computed from expiration of eight hours after arrival ‘at such point or after completion of duties related to his/her assignment. Employees assigned to special movements and held at the distant terminal will be paid held time as follows: Employees assigned to a special train (or sections thereof) will be paid eight hours for each period or actual time of up to eight hours or less than (ii) Employees assigned to extra equipment attached to a regular train (or sections thereof) and employees used to augment regular crews who are held beyond regularly scheduled departure time of the first train returning to their home terminal following expiration of eight hours after their release from duty will be paid eight hours for each period so held or actual time of up to eight hours for less than

Hours of Service and Overtime. The principle of the week is and an average of hours in assigned service shall constitute a basic four-week period. As the nature of the work performed necessitates irregular distribution of employees, hours of work and days of assignment, the principle of averaging will be in accordance with the following formula. Employees will be advised the dates of their averaging periods. (a) Regularly assigned employees shall be paid a basic salary for each two-week period. Hours Hours Example Credited Paid four-week period four-week period Credited Paid Guarantee Adjustment Nil Hours worked for each consecutive period will be averaged to determine time worked in excess of the aggregate basic hours and hours in excess of the aggregate shall be paid at time and one-half. 1 Example four-week four-week period four-week period Hours Hours Credited Paid Adjustment hours 1 ‘* Payable 1 involved. pay period after the period involved. Regularly complete their assigned employees who do complete their not assignment for whatever reason (excluding vacation with pay) will be entitled to minimum hours as follows: Pay adjustments will be due and payable on the first pay period after the period involved. The make up of guarantee for assigned employees will be prorated on the basis of positions worked in the guarantee period. Spare employees shall be paid for total hours worked in each pay period at pro rata hourly rates. Hours worked by spare employees for each designed period will be totalled. Hours in excess of the total basic hours of for the periods involved will be paid at time and one-half. 1 Hours Hours four-week period four-week period Credited Paid Basic hours Adjustment hours 1 straight time @ hours. Previously paid hours at straight time rates. Adjustment due hours at straight time rates. Hours Hours Example Credited Paid four-week period four-week period Basic b-week 1 = straight time hours at straight time hours at straight time Hours Hours Credited Paid hours Adjustment Nil Employees desiring to bank overtime may elect to do under the following criteria: * The half time associated to overtime may be banked up to a total of hours per calendar year. This limit may be replenished throughout the year. * Banked time must be taken in full day increments or the employee may elect to receive the pay. Employees must have cleared or be scheduled to clear their hours account by December If the account is not cleared then the employee will be paid the balance in cash. * Payment will be based on the current rate of pay at the time the banked time is used. * Time off must be requested in advance, unless bona fide illness. (Company will monitor) Time off will be subject to Company service requirements and no additional cost to the Company. * Implementation of the Overtime Banking arrangement will be subject to the development of an appropriate computer system. For the purpose of computing time worked by an employee during a four-week period, time shall be counted from hours on the first day of the period until midnight on the last day of the same period. (a) Assigned employees will not be required to perform work on another assignment to make up their guarantee for the basic four-week period. Assigned employees who are removed from their assignment to perform other service will be paid not less than the bulletined hours of their assignment, if they have been prevented from taking out their regular assignment. In such case, all hours worked in excess of the trip missed on their assignment will be paid over and above their guarantee and included in the accumulation of hours under Article if work is performed entirely during layover, except as referred to in Article they shall be credited with actual time worked and time ▇▇▇▇ be paid over and above guarantee and included in the accumulation of hours under Article Assigned employees on a regular run who are held at their away-from-home terminal beyond the established layover period shall be credited with 8 hours for each hour period, computed from expiration of their layover period, and actual time up to 8 hours for less than a hour period. Where the established layover period exceeds hours, the time shall be computed from the expiration of hours after release from duty. Assigned employees held out of service at a point shall be credited with 8 hours for each period or the actual time of up to 8 hours for less than a period. When necessary and reasonable such employees will be provided with meals and lodging accommodation (including transportation to lodging accommodation) by the company. Assigned employees held for service at their home terminal during layover shall be credited with 8 hours for each period so held and actual time of up to 8 hours for less than a period. If 'prevented from taking out their regular assignment, Article will apply. Employees may be used off their assignments in cases of emergency, temporary promoted positions or special assignments and they will be returned to their assignment as soon as practicable. Employees laid off or displaced who choose to exercise their seniority rights or return after having exercised seniority rights will not be paid for deadheading but will be provided with free meals and sleeping accommodation. than a period (time to be computed from reporting time to release time). Spare employees will be governed by the bulletin of a run for the they are required to relieve regularly assigned employees. Spare employees performing unassigned service will be paid on a minute basis with a minimum of four hours for each call for terminal duty, and a minimum of four hours for a one-way trip and 8 hours for a round trip. Employees shall be allowed a minimum of 8 calendar days’ ' layover at their home terminal for each designed four-week period. Spare employees operated In extra service in one direction and returned deadhead to their home terminal will be compensated at the rate for classification of the position worked on the going trip. If spare employees are returned to their home terminal in service in a higher classification than the one worked on the going trip, they will be compensated at the rate of pay for the higher classification. If spare employees are returned to their home terminal in service in a classification lower rated than the one worked on the going trip they will be compensated at the rate of the classification worked on the going trip. Time deductions for rest periods will be as follows: (a) Meal Service Employees a maximum of 8 continuous hours per night between hours : hours. Club and h o u r s . Coach Lounge ‘Employees a maximum of 6 continuous hours per night between hours and hours. If an assigned employee is required to work any part of his/her rest period, such hours will be paid over and above his/her guarantee and included In in the accumulation of hours under Article (a) Employees assigned to a special train (or sections thereof) or extra equipment attached to a regular train (or sections thereof) and employees used to augment regular crews shall be considered as employees assigned to a special movement. Employees assigned to special movements will be paid from the time required to report for duty until released from duty, with deductions made for rest periods in accordance with Article Employees assigned to special movements and held at a point will be paid eight hours for each period so held or actual time of up to eight hours for less than a period computed from expiration of eight hours after arrival ‘at such point or after completion of duties related to his/her assignment. Employees assigned to special movements and held at the distant terminal will be paid held time as follows: Employees assigned to a special train (or sections thereof) will be paid eight hours for each period or actual time of up to eight hours or less than. (ii) Employees assigned to extra equipment attached to a regular train (or sections thereof) and employees used to augment regular crews who are held beyond the regularly scheduled departure time of the first train returning to their home terminal following expiration of eight hours after their release from duty will be paid eight hours for each period so held or actual time of up to eight hours eight (a) Time credited to employees as provided for less thanin Articles and will be applied against guarantee of the employees' assignments. Assigned employees who obtain another assignment by bulletin as provided for in Articles and will be protected by guarantee provided they take up their new assignment within the cycle of operation commencing with date of assignment.

Hours of Service and Overtime. The principle of the week is and an average of hours in assigned service shall constitute a basic four-week period. As the nature of the work performed necessitates necessi- tates irregular distribution of employees, hours of work and days says of assignment, the principle of averaging av- eraging will be in accordance with the formulafollowing for- mula. Employees will be advised the dates of their averaging periods. (a) Regularly assigned employees shall be paid a basic salary for each two-week period. Hours Hours Example Credited Paid four-week period four-week period Guarantee Credited Paid Adjustment Nil Hours worked for each consecutive period will be averaged to determine time worked in excess of the aggregate basic hours and hours in excess of the aggregate shall be paid at time and one-half. 1 Example four-week period four-week period Adjustment hours 1 ‘Payable 1 pay period after the period involved. Regularly assigned employees who do not complete their assignment for whatever reason (excluding vacation with pay) will be entitled to minimum hours as follows: No. of Days Worked (including layover days) x No. of Days in period Pay adjustments will be due and payable on the first pay period after the pay period in- volved. The make up makeup of guarantee for assigned employees em- ployees will be prorated on the basis of positions worked in the guarantee period. Spare employees shall be paid for total hours worked in each pay period at pro rata hourly rates. Hours worked by spare employees for each designed des- ignated period will be totalled. Hours in excess ex- cess of the total basic hours of for the periods involved will be paid at time and one-half. 1 , Hours Hours Example four-week period four-week period Credited Paid Basic hours Adjustment hours 1 = straight time hours. Previously paid hours at straight time rates. Adjustment due hours at straight time rates. Hours Hours Example Credited Paid four-week period four-week period Basic b-week hours Adjustment Nil For the purpose of computing time worked by an employee during a four-week period, time shall be counted from hours on the first day of the period until midnight on of the last day of the same period. (a) Assigned employees will not be required to perform work on another assignment to make up their guarantee for the basic four-week period. Assigned employees who are removed from their assignment to perform other service will be paid not less than the bulletined hours of their assignmentassign- ment, if they have been prevented from taking out their regular assignment. In such case, all hours worked in excess of the trip missed on their assignment assign- ment will be paid over and above their guarantee and included in the accumulation of hours under Article if If work is performed entirely during layover, except as referred to in Article they shall be credited with actual time worked and such time ▇▇▇▇ will be paid over and above guarantee and included in the accumulation of hours under Article Assigned employees on a regular run who are held at their away-from-home terminal beyond the established layover period shall be credited with 8 hours for each hour period, computed from expiration expi- ration of their layover period, and actual time up to 8 hours for less than a hour period. Where the established layover period exceeds hours, the time shall be computed from the expiration of hours after release from duty. Assigned employees held out of service at a point shall be credited with 8 hours for each period or the actual time of up to 8 hours for less than a period. When necessary and reasonable such employees will be provided with meals and lodging accommodation (including transportation trans- portation to lodging accommodation) by the company. Assigned employees held for service at their home terminal during layover shall be credited with 8 hours for each period so held and actual time of up to 8 hours for less than a period. If prevented from taking out their regular assignment, Article will apply. Employees may be used off their assignments in cases of emergency, temporary promoted positions posi- tions or special assignments and they will be returned re- turned to their assignment as soon as practicable. Employees laid off or displaced who choose to exercise their seniority rights or return after having exercised seniority rights will not be paid for deadheading but will be provided with free meals and sleeping accommodation. Employees deadheading on a car or on a pass on railway business shall be credited with hours for each period and actual time up to hours for less than a period (time to be computed from reporting time to release time). Spare employees will be governed by the bulletin bul- letin of a run for the period they are required to relieve regularly assigned employees. Spare employees performing unassigned service will be paid on a minute basis with a minimum of four hours for each call for terminal duty, and a minimum of four hours for a one-way trip and 8 hours for a round trip. Employees shall be allowed a minimum of 8 calendar days’ layover at their home terminal for each designed designated four-week period. Spare employees operated In in extra service in one direction and returned deadhead to their home terminal will be compensated at the rate for classification the class- ification of the position worked on the going trip. If spare employees are returned to their home terminal in service in a higher classification than the one worked on the going trip, they will be compensated compen- sated at the rate of pay for the higher classification. If spare employees are returned to their home terminal in service in a classification lower rated than the one worked on the going trip they will be compensated compen- sated at the rate of the classification worked on the going trip. Time deductions for rest periods will be as follows: (a) Meal Service Employees a maximum of 8 continuous hours per night between hours and h o u r s hours. Coach Lounge ‘Employees a maximum of 6 continuous hours per night between hours and hours. If an assigned employee is required to work any part of his/her rest period, such hours will be paid over and above his/her guarantee and included In in the accumulation of hours under Article (a) Employees assigned to a special train (or sections thereof) or extra equipment attached to a regular train (or sections thereof) and employees used to augment regular crews shall be considered as employees assigned to a special movement. Employees assigned to special movements will be paid from the time required to report for duty until released from duty, with deductions made for rest periods in accordance with Article Employees assigned to special movements and held at a point will be paid eight hours for each period so held or actual time of up to eight hours for less than a period computed com- puted from expiration of eight hours after arrival ‘at such point or after completion of duties related to his/her assignment. Employees assigned to special movements and held at the distant terminal will be paid held time as follows: Employees assigned to a special train (or sections thereof) will be paid eight hours for each period or actual time of up to eight hours or for less thanthan a period, computed from expiration of eight hours after release from duty. (ii) Employees assigned to extra equipment attached at- tached to a regular train (or sections thereof) and employees used to augment regular crews who are held beyond the regularly scheduled departure time of the first train returning to their home terminal following expiration of eight hours after their release from duty will be paid eight hours for each period so held or actual time of up to eight hours for less thanthan period. Time in such cases to start at the expiration of eight hours after release from duty. At turnaround or set-out points, time shall be computed as continuous where of re- lease from duty does not exceed two hours. Employees entitled to sleeping accommoda- tion while deadheading on railway business and not provided with sleeping accommodation shall be credited with up to 8 hours over and above compen- sation in accordance with Article Employees required to remain in service on their assignments beyond the hours or days shown on the bulletin due to late train arrivals at home or distant terminal, or if they are operated beyond the distant terminal of their run, deduction of rest shall be as shown on the bulletin. EXAMPLE OF BULLETIN EXCURSION TRAIN BULLETIN’ Applications will be received up to and including June for the following permanent positions to commence on June Restaurant Car and Coach lounge on Train’s Home terminal: Distant terminal: Required: Report to duty time: Off duty time: Report to duty time: Off duty time: two Steward Waiters two Waiters two Chief Stewardess two Second Cooks two Stewardess Train Car in Service Arrival at Train Car in Service Arrival at Average hours per four week period ⚫ Monthly rates as presently established Applications to be in the Food Services Inspectors off ice in no later than hours June in a separate envelope clearly marked “Appli- cation for bulletined position”. When a regular assignment is temporarily suspended for whatever reason and is not abolished or cancelled as contemplated by Article the employees affected will be protected by guarantee provided they remain available for spare work out of their home terminal. Employees who do not complete their round trip assignments (except for personal or disciplinary reasons) and are returned to their home terminal ahead of time will be compensated for actual time worked, their guarantee will be protected. Assigned employees who complete their round trip assignments but are rerouted due to an emergency or service disruption will be compen- sated for actual time worked (not less than bul- letined), their guarantee will be protected. (a) Time credited to employees as provided for in Articles and will be applied against guarantee of the employees’ assignments. (i) Assigned employees who obtain another assignment by bulletin as provided for in Arti- cles and will be protected by guaran- tee provided they take up their new assign- ment within the cycle of operation commenc- ing with date of assignment. (ii) Spare employees who obtain an assignment by bulletin as provided for in Articles and will be protected by guarantee commenc- (a) Regularly assigned employees notified or called to perform terminal work not continuous with, before or after, their regular assignment shall be paid for time worked at the rate of time and half with a minimum of two hours and forty minutes at the rate of time and one-half for which two hours and forty minutes service may be required. Such time shall be paid over and above guarantee and shall not be included in the accumulation of hours under Article Regularly assigned employees required to per- form work continuous with, before or after, their reg- ular assignment shall be credited with actual time worked and such time will be applied against guaran- tee and included in the accumulation of hours under Article except in instances where regularly assigned employees are required upon arrival to perform transfer work related to another car they shall be paid for actual time worked at the rate of time and one-half and such time shall be paid over and above guarantee and shall not be included in the accumulation of hours under Article (Subject to Article The classifications for positions and basic rates of pay shall be: S t e w a r d . ▇▇▇▇▇▇▇ (Counter Car). S t e w a r d W a i t e r . W a i t e r . . Waiter (Counter Car). Chef . Cook . . Kitchen Assistant. . . Host/Hostess. Effective Jan. Jan. Jan. Employees filling positions covered by this Agreement having less than weeks’ compen- sated cumulative service with the company will be paid as follows : First weeks’ service less than the basic weekly rate Second weeks’ service less than the basic weekly rate Third weeks’ service less than the basic weekly rate A maximum of compensated service hours per four-week period will be allowed in computing ad- vancing rates. On completion of weeks’ compensated cumula- tive service, employees will be paid the full basic rate in accordance with Article In the application of this Article guarantee time will be included as compensated cumulative service.