25 ZONE MILE
TRAINMEN’S AGREEMENT ARTICLE 34, SW HUB AGREEMENT VI.2.
ON THE ARBITRARY SCREEN
1. F12 – AVAILABLE CLAIMS
2. X – 25 MILE ZONE – HRS/MIN (SPENT IN ZONE) – Y – CRAFT
3. F5
DEPT INITIAL TERMINAL – TIME
ARIV. INITIAL TERMINAL – TIME
MILE POST - 000.0 OR CIRC-7 (MP PREFERRED BY TIME KEEPING
4. F5 (RETURNS TO PREVIOUS SCREEN W/ “CLAIM SUBMITTED” AT BOTTOM LEFT CORNER)
5. (ADDITIONAL “AVAILABLE CLAIMS” CAN NOW BE FILLED OUT)
6. F3 “SUBMITTED CLAIMS” (GOES BACK TO 1ST PAGE OF ARBITRARIES ON TIE UP SCREEN)
7. PRINTER NUMBER / F2 (TO PRINT FINAL TIE UP REPORT)
8. F5 “UPDATE” (TO FINISH TIE UP)
EXAMPLE
DEPT INT. TERM. 12:30 MPSP317
ARR AT TRAIN 12:40 MP 989.0
DEPT AT TRAIN 12:50 MP 989.0
ARR INT TERM. 13:00 MP SP317
DEPT INT TERM. 13:30 MP SP317
NOTE: YOUR INITIAL TERMINAL DELAY IS WHEN YOU START MOVING THE TRAIN (IN THIS CASE IT IS 12:50)
NOTE 2: UP IS CURRENTLY DEDUCTING TIME SPENT WITHIN THE 25 MILE ZONE FROM OVERTIME. THERE IS NO LANGUAGE IN THE TUCSON HUB AGREEMENT TO SUPPORT THIS DECUCTION OF OVERTIME. CLAIMS FOR ALL OVERTIME DEDUCTED SHOULD BE PROCESSED AS WELL.
TO CLAIM OVERTIME BACK:
CLAIM THE (TOTAL AMOUNT) OF OVERTIME DEDUCTED FROM PAY FOR WORKING THE (TRAIN ID), WITHIN THE 25 MILE ZONE. CALLED ON DUTY AS (POSITION) FROM (BOARD/POOL, SPACE), THE
(TRAIN ID, WITH ENGINE #) AT (LOCATION, CIRC-7, MP) WITHIN THE LIMITS OF THE 25 MILE ZONE, AT (DATE & TIME) FOR A TOTAL TIME ON DUTY OF (TOTAL) CREW TIED UP IN (TERMINAL, CIRC-7) AT (TIME). THE TIME THE CREW SPENT IN WITHIN THE 25 MILE ZONE, WAS IMPROPERLY DEDUCTED FROM THE OVERTIME FOR THIS DATE. THERE IS NO PROVISION IN THE TUCSON HUB AGREEMENT FOR THIS TYPE OF DEDUCTION.
SUPPORTING DOCUMENTS: CALLSHEET, TIMESLIP SHOWING DENIAL, PAY STUB SHOWING DEDUCTION.
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ANNULL ASSIGNMENT (HOLIDAYS)
TRAINMEN’S AGREEMENT ARTICLE 51
HOLIDAY PAY MAY OCCUR WHEN YOUR ASSIGNED JOB IS ANNULLED DUE TO A HOLIDAY.
EXAMPLE: CLAIMING ONE BASIC DAY (100 MILES) ON ACCOUNT MY JOB WAS ANNULLED ON (DATE), FOR (HOLIDAY) AS OUTLINED IN ARTICLE 51. COMPANY OFFICER (NAMES) AUTHORIZED THE JOB BEING ANNULLED
*NOTE: SHOULD AUTO PAY
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SUPPORTING DOCUMENTS: JOB HISTORY OF JOB ANNULLED.
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JOB ANNULLED (OTHER)
EXAMPLE: CLAIMING ONE BASIC DAY (100 MILES) ON ACCOUNT MY JOB WAS ANNULLED ON (DATE). COMPANY OFFICER (NAMES) AUTHORIZED THE JOB BEING ANNULLED.
SUPPORTING DOCUMENTS: JOB HISTORY OF JOB ANNULLED.
BEREAVEMENT LEAVE
1978 NATIONAL, ARTICLE XII, 1993 SP AGREEMENT, ARTICLE VIII, 1997 WEST MODIFIED, ATTACH. B, VII, F.
3 DAYS PAY AT BASIC DAY RATE. APPLIES TO BROTHER, SISTER, PARENT, CHILD, SPOUSE, SPOUSE’S PARENT, HALF-SISTER/BROTHER.
THE THREE CONSECUTIVE DAYS THAT QUALIFY FOR COMPENSATION MUST OCCUR IN ONE OF THE FOLLOWING WAYS:
1. THREE (3) DAYS BEGINNING THE DAY OF THE DEATH;
2. TWO (2) DAYS PRIOR TO THE FUNERAL AND ONE (1) DAY FOR THE FUNERAL.
3. ONE (1) DAY PRIOR TO THE FUNERAL, AND ONE (1) DAY FOR THE FUNERAL, AND ONE (1) DAY AFTER THE FUNERAL.
FAX OBITUARY WITH COPY OF NON-SERVICE CLAIM TO U.P. AT 402-997-3954. LIST YOUR NAME, SOCIAL SECURITY NUMBER AND CLAIM NUMBER. CLAIM 3 DAYS BEREAVEMENT LEAVE. ON THE 3 DATES YOU CLAIM, LIST RELATIONSHIP.
BOARD RUNAROUNDS
TRAINMEN’S AGREEMENT ARTICLE 23
IF NOT CALLED IN TURN, BUT USED WITHIN 4 HOURS CLAIM A 65 MILE RUNAROUND. IF NOT CALLED WITHIN 4 HOURS CLAIM A 130 MILE RUNAROUND. THIS APPLIES WHEN RUNAROUND BY A TRAINMAN WITH THE SAME RELATIVE STATUS.
EXAMPLE 1: I WAS NOT CALLED IN TURN OFF THE (BOARD/POOL, SPACE). I WAS RESTED AND AVAILABLE WHEN (TRAINMAN USED) WAS CALLED TO WORK THE (POSITION) ON THE (TRAIN/JOB ID) ON DUTY AT (DATE/TIME). I WAS SUBSEQUENTLY CALLED AT (DATE/TIME) AS A (POSITION) FOR THE (TRAIN/JOB ID). CLAIM A (65 OR 130) MILE BOARD RUNAROUND, PER 1976 TRAINMEN’S AGREEMENT, ARTICLE 23, SECTION A.
SUPPORTING DOCUMENTS: CALL SHEET AND BOARD HISTORY.
NOTE: IF RUNAROUND BY A TRAINMAN NOT HAVING THE SAME RELATIVE STATUS, I.E. A POOL TURN BEING SHOVED AHEAD WHEN A RESTED EXTRA MAN WAS AVAILABLE, CLAIM IS FOR THE EARNINGS OF “THE SERVICE IN QUESTION” IN ADDITION TO OTHER EARNINGS. (“SAME RELATIVE STATUS” MEANS HAVING THE SAME RIGHT TO THE WORK, I.E. WORKING FROM THE SAME SOURCE OF SUPPLY, SUCH AS THE SAME EXTRA BOARD OR POOL.
EXAMPLE 2: I WAS NOT CALLED IN TURN OFF OF THE (BOARD/POOL, SPACE). I WAS RESTED AND AVAILABLE WHEN (TRAINMAN USED) WAS IMPROPERLY CALLED TO WORK THE (POSITION) ON THE (TRAIN/JOB ID) ON DUTY AT (DATE/TIME). VACANCIES ON THE (POOL/JOB ID) ARE SUPPOSED TO BE FILLED OFF THE (YOUR BOARD OR POOL). CLAIM THE EARNINGS OF (NAME) WHO WORKED THE (TRAIN/JOB ID, DATE TIME), A “TRAINMAN NOT HAVING THE SAME RELATIVE STATUS,” IN ADDITION TO MY EARNINGS ON THIS DATE, PER 1976 TRAINMEN’S AGREEMENT, ARTICLE 23, SECTION F, 6.
SUPPORTING DOCUMENTS: CALL SHEET AND BOARD HISTORY.
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CALLED AND NOT USED
TRAINMEN’S AGREEMENT ARTICLE 37
THERE ARE 2 TYPES OF CALL AND RELEASE CLAIMS. IF YOU ARE NOTIFIED OF THE RELEASE AT YOUR CALLING PLACE (HOME) CLAIM IS FOR ONE (1) HOUR. IF YOU ARE NOTIFIED AT YOUR ON DUTY POINT CLAIM IS FOR 100 MILES. SHOW IN REMARKS ON NON SERVICE CLAIM TRAIN/JOB ID, OD TIME, RELEASE TIME, AND AMOUNT CLAIMED.
EXAMPLE 1: CLAIM 1 HOUR UNDER THE PROVISIONS OF THE 1976 TRAINMEN’S AGREEMENT, ARTICLE 37, SECTION A., DUE TO BE CALLED AS THE (POSITION FOR WHICH CALLED) TO WORK THE (TRAIN/JOB ID) ON DUTY AT (DATE/TIME). I WAS SUBSEQUENTLY NOTIFIED THAT MY SERVICES WOULD NOT BE NEEDED AT (DATE/TIME).
SUPPORTING DOCUMENTS: CALL SHEET, BOARD HISTORY, TIME SLIP.
EXAMPLE 2: CLAIM A 100 MILE DAY DUE TO BEING CALLED ON DUTY AS A (POSITION) FROM (BOARD/POOL, SPACE) AT (INITIAL TERMINAL, DATE/TIME). I REPORTED AS INSTRUCTED, BUT WAS SUBSEQUENTLY NOTIFIED THAT MY SERVICES WOULD NOT BE NEEDED AT (DATE/TIME). **CLAIM IS MADE UNDER THE PROVISIONS OF THE 1976 TRAINMEN’S AGREEMENT, ARTICLE 37, SECTION B.
**IF APPROPRIATE INCLUDE THE FOLLOWING SENTENCE AT THIS POINT: I PERFORMED SERVICE BY (WORK PERFORMED) PRIOR TO THE CALL BEING CANCELED.
SUPPORTING DOCUMENTS: CALL SHEET, BOARD HISTORY, TIMESLIP.
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CRITICAL INCIDENT CLAIM
COMPANY POLICY
*NON SERVICE CLAIM
*COMPANY BUSINESS
IF YOU HAVE BEEN INVOLVED IN A CRITICAL INCIDENT YOU ARE ENTITLED TO ALL WAGES LOST DUE TO TIME BEING OFF FOR THE INCIDENT.
EXAMPLE: CLAIM ANY AND ALL LOST EARNINGS INCLUDING ALL ARBITRARIES DUE TO BEING LAID OFF OS CI FROM (DATE) TO (DATE).
DROPPED TURN CLAIM FROM SHOVE (NEXT CALENDAR DAY)
TRAINMEN’S AGREEMENT ARTICLE 53
EXAMPLE: CLAIMING THE FULL EARNINGS OF (CON) ACCOUNT MY TURN (TURN #) WAS DROPPED TO THE BOTTOM OF MY POOL. THIS IS A VILOLATION OF OUR AGREEMENT. PLEASE PAY FULL EARNINGS OF (CON NAME), (TURN #), (POOL) WHO WAS IN RELATIVE STATUS HAD MY TURN BEEN CORRECTLY CALLED OUT IN TURN. HE WAS CALLED ON (DATE/TIME) ON THE NEXT CALENDAR DAY AT SP317 ON (TRAIN ID) AND RETURNED ON (DATE/TIME) FROM (OUT OF TOWN CIRC7) ON (TRAIN ID). PLEASE PAY PER RED BOOK, ARTILCLE 53.
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DROPPED TURN CLAIM FROM SHOVE (SAME CALENDAR DAY)
TRAINMEN’S AGREEMENT ARTICLE 53
EXAMPLE: CLAIMING THE DIFFERENCE OF EARNINGS OF (CON) ACCOUNT MY TURN (TURN #) WAS DROPPED TO THE BOTTOM OF MY POOL. THIS IS A VILOLATION OF OUR AGREEMENT. PLEASE PAY DIFFERENCE IN EARNINGS OF (CON NAME), (TURN #), (POOL) WHO WAS IN RELATIVE STATUS HAD MY TURN BEEN CORRECTLY CALLED OUT IN TURN. HE WAS CALLED ON (DATE/TIME) ON THE SAME CALENDAR DAY AT SP317 ON (TRAIN ID) AND RETURNED ON (DATE/TIME) FROM (OUT OF TOWN CIRC7) ON (TRAIN ID). PLEASE PAY PER RED BOOK, ARTILCLE 53.
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EOT HANDLING
PLB 5487 CASE 6, AWARD 6
DOCUMENTATION:
· CALL SHEET
· THE EOT #
· YOUR TRAIN LIST
· ORIGINAL REAR CAR #
· NEW REAR CAR # IF INSTRUCTED TO RE-HANG
· YARDMASTER OR MANAGER’S NAME
· TIME INSTRUCTED, BEGAN WORK, AND FINISHED WORK
· CARMAN ON DUTY NAME OR LICENSE PLATE # IF READILY AVAILABLE
· KEEP TRACK OF YARD TRACK/MAIN LINE MILE POSTS
YOUR CLAIMS:
· ANY TIME YOU ARE INSTRUCTED TO HANDLE (REMOVE OR HANG) AN EOT AT A LOCATION WHERE CARMEN ARE ON DUTY.
· PUT IN AS A NON-SERVICE CLAIM
· MUST HAVE EOT #, INSTRUCTING YM/MNGR. NAME, REAR CAR #, TRACKS/MP’S AND TIMES
· NAME OF CARMAN ON DUTY OR VEHICLE LICENSE PLATE # HELPS, BUT IS NOT REQUIRED
EXAMPLE: CLAIMING 2 HOURS PAY FOR HANDLING AN EOT AT A CLASS A TERMINAL WHERE CARMEN ARE EMPLOYED AROUND THE CLOCK. WAS CALLED TO WORK THE (AMLNGR 19) ON (04/19/2007) AT SP317, TUCSON AT (0840) HRS, INSIDE THE TUCSON YARD IN (CONTROLLED SIDING 2)(MP 987), YARDMASTER (__________), INSTRUCTED ME TO REMOVE EOT # (UPRQ34908) FROM CAR (#TILX793078) AND PLACE IT ON THE NEW REAR CAR OF OUR TRAIN AFTER MAKING A JOINT ON A CUT OF CARS. THE NEW REAR CAR ON WHICH PLACED THE EOT WAS CAR (#ARMN76266). CARMAN (_______) WAS ON DUTY. AS PER PLB 5487 CASE 6, AWARD 6 ENTITLED TO 2 HOURS PAY.
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FEDERAL REST CLAIM:
ATTACHMENT “B” 1997 UP/UTU SP WEST AGREEMENT
THE UNION PACIFIC HAS INFORMED THE ORGANIZATION THAT THE IMPLEMENTATION OF THE REST PROVISIONS OF THE RAIL SAFETY IMPROVEMENT ACT OF 2009 ON JULY 16, 2009 WILL BE HANDLED IN THE FOLLOWING MANNER: AN EMPLOYEE WHO IS HELD FOR REST (FR STATUS) FOR EXCEEDING 6 OR 7 CONSECUTIVE DAYS WORKED, 276 HOURS WORKED IN A MONTH, OR THE LIMBO TIME LIMITS, WILL BE TREATED AS IF AS IF THEY HAD MADE THEMSELVES UNAVAILABLE (LAY OFF). THE CARRIER HAS ALSO INFORMED THE ORGANIZATION THAT THEY INTEND TO TAKE ONE PERSONAL LEAVE DAY (IF AVAILABLE) FOR EACH DAY UNAVAILABLE DUE TO REQUIRED REST (FR STATUS) FROM TRAINMEN AND SWITCHMEN AS IF THEY HAD TAKEN AN UNCOMPENSATED DAY OFF. THE CARRIER ALSO INFORMED THE ORGANIZATION THAT PROTECTION WILL BE HANDLED IN THE SAME MANNER AS EXTRA BOARD GUARANTEE.
THE ORGANIZATION HAS INFORMED THE CARRIER THAT THIS HANDLING IS INCORRECT AND THE PROPER HANDLING IS TO TREAT EMPLOYEES AS IF THEY ARE NOT RESTED. THE ORGANIZATION’S POSITION IS THAT THE NEW FEDERAL REST RULES SIMPLY EXTEND THE REST PERIOD REQUIRED UNDER LAW AND THE EMPLOYEE IS NOT UNAVAILABLE, THEY ARE NOT RESTED UNDER THE LAW AND THEREFORE CANNOT BE TREATED AS IF THEY WERE UNAVAILABLE.
IT IS IMPEARATIVE THAT EMPLOYEES FILE CLAIMS FOR EARNINGS LOST AND THAT LOCAL CHAIRPERSONS APPEAL THESE CLAIMS TO LABOR RELATIONS AND SEND TO THIS OFFICE FOR HANDLING.
BELOW ARE TEMPLATES FOR CLAIMS THAT MAY ARISE FROM THE CARRIER’S MISHANDLING OF THE AGREEMENT.
TRAINMEN:
6-7 DAY JOBS:
CLAIM THE EARNINGS OF MY REGULARLY ASSIGNED JOB (JOB ID) (MM/DD/YY) WITH CONDUCTOR/BRAKEMAN (NAME) ACCOUNT NOT RESTED FOR MY ASSIGNMENT. (ARTICLE 21, SECTION E, 1, & ARTICLE 21, SECTION E, 6)
POOL FRIEGHT:
CLAIM EARNINGS OF MY REGULARLY ASSIGNED JOB ON (MM/DD/YY) ACCOUNT NOT RESTED FOR MY ASSIGNMENT. CARRIER CALLED MY REGULAR ASSIGNMENT (JOB ID) ON (MM/DD/YY) WITH EXTRA CONDUCTOR (NAME) WHILE I WAS AWAITING FEDERALLY REQUIRED REST IN VIOLATION OF ARTICLE 46, SECTION E, 2 OF THE TRAINMEN’S AGREEMENT.
EXTRA BOARD:
CLAIM LOST GUARANTEE EARNINGS IMPROPERLY DEDUCTED FROM ME ON (MM/DD/YY) WHILE AWAITING FEDERALLY REQUIRED REST IN VIOLATION OF ARTICLE 21, SECTIONS J, K. OF THE TRAINMEN’S AGREEMENT, ATTACHMENT “B” 1997 SP WEST MODIFIED AGREEMENT.
(IF PL DAY IS DEDUCTED)
CLAIM IS FOR RESTORATION OF PERSONAL LEAVE DAY(S) DEDUCTED FROM ME ON (MM/DD/YY) WHILE AWAITING FEDERALLY REQUIRED REST IN VIOLATION OF ARTICLE VI, SECTION D, 2, OF THE HUB IMPLEMENTING AGREEMENT.
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GUARANTEE
1997 WEST MODIFIED AGREEMENT, ATTACHMENT B, VII, VIII.
VII.A. ALL EARNINGS RECEIVED BY AN EMPLOYEE ASSIGNED TO A GUARANTEED EXTRA BOARD WILL BE USED IN COMPUTING THE EMPLOYEE'S GUARANTEE. TIME CLAIM PAYMENTS FOR PERIODS OF TIME WHEN NOT ASSIGNED TO A GUARANTEED EXTRA BOARD WIL BE PAID IN ADDITION TO GUARANTEE PAYMENTS MADE TO AN EMPLOYEE. PENALTY CLAIM PAYMENTS DUE EMPLOYEES ASSIGNED TO A GUARANTEED EXTRA BOARD WILL BE PAID IN ADDITION TO THE EARNINGS RECEIVED AS A GUARANTEED EXTRA BOARD EMPLOYEE. SUCH COMPUTATIONS WILL NOT INCLUDE NON-TAXABLE INCOME SUCH AS MEAL, LODGING AND PERSONAL AUTO MILEAGE PAYMENTS. PROTECTION PAYMENTS ARE NOT CONSIDERED EARNINGS FOR COMPUTING EXTRA BOARD GUARANTEE. ALL GUARANTEE PAYMENTS WILL BE CALCULATED AND PAID PRIOR TO PROTECTION BEING CALCULATED AND PAID.
B. A GXB EMPLOYEE STANDING FIRST OUT WHO LAYS OFF, LAYS OFF ON CALL, MISSES CALL OR IS NOT AVAILABLE FOR CALL WILL HAVE THE GUARANTEE REDUCED BY THE AMOUNT HE WOULD HAVE EARNED HAD HE NOT LAID OFF ON CALL, MISSED CALL OR NOT BEEN AVAILABLE FOR CALL WITH A MINIMUM REDUCTION OF ONE GUARANTEED DAY.
C. AN EMPLOYEE WHO LAYS OFF WHEN OTHER THAN FIRST OUT WILL HAVE HIS GUARANTEE REDUCED BY ONE (1) DAY FOR EACH 24-HOUR PERIOD OR PORTION THEREOF.
D. AN EMPLOYEE ASSIGNED TO A GXB WHO IS UNAVAILABLE FOR MORE THAN TWO (2) OCCURRENCES PER PAY PERIOD OR WHO IS UNAVAILABLE FOR MORE THAN EIGHTY-FOUR (84) COMBINED HOURS PER PAY PERIOD, WILL FORFEIT HIS GUARANTEE FOR THAT PAY PERIOD. ELECTED UNION REPRESENTATIVES WHO ARE UNAVAILABLE BECAUSE OF UNION WORK WILL NOT BE SUBJECT TO THIS SECTION (D) BUT WILL BE COVERED BY SECTION (E) OF THIS ARTICLE VII OF ATTACHMENT B.
E. AN EMPLOYEE WHO MISSES A CALL AS A RESULT OF ANOTHER GXB EMPLOYEE LAYING OFF ON CALL, MISSING CALL OR NOT AVAILABLE FOR CALL WHEN THAT OTHER GXB EMPLOYEE IS FIRST OUT WILL HAVE HIS GUARANTEE REDUCED BY ONE (1) DAY FOR EACH 24- HOUR PERIOD OR PORTION THEREOF.
F. THE GUARANTEE REDUCTIONS SHALL NOT APPLY FOR ABSENCES DUE TO BEREAVEMENT LEAVE, PERSONAL LEAVE DAYS, VACATIONS, RULES CLASSES, JURY DUTY, PHYSICAL EXAMINATIONS OR OTHER INSTANCES WHERE THE EMPLOYEE IS HELD AT THE INSTRUCTION OF THE CARRIER.
VIII.A. AN EMPLOYEE ADDED TO A GXB WILL BE PAID A GUARANTEE FOR THE DAY ADDED PROVIDED THE EMPLOYEE MEETS THE AVAILABILITY REQUIREMENTS OF THIS AGREEMENT. ALL EARNINGS MADE ON THE DAY ADDED WILL BE INCLUDED IN THE COMPUTATION OF THE GUARANTEE. GUARANTEE WILL NOT BE PAID TO AN EMPLOYEE ON THE DAY REDUCED FROM A GXB IF NOTIFIED BY 1:30 P.M. IF AN EMPLOYEE IS REDUCED FROM A GXB BUT IS NOT NOTIFIED BY 1:30 P.M., THEN THE EMPLOYEE WILL BE PAID THE GUARANTEE FOR THAT DAY UNLESS THE EMPLOYEE VOLUNTARILY BID OFF THE GXB.
B. ALL GUARANTEE COMPENSATION PAID TO EMPLOYEES WILL BE CONSIDERED AS SERVICE RENDERED FOR VACATION PAY AND QUALIFICATION PURPOSES.
GUARANTEE CLAIM (PERSONAL LEAVEDAY)
SW HUB AGREEMENT ARTICLE VI, SECTION D2
EXAMPLE: CLAIM IMPROPER DEDUCTION OF GUARANTEE WHILE ON A COMPENSATED PERSONAL LEAVE DAY. I WAS DEDUCTED GUARANTEE ON (DATE) WHILE ON A COMPENSATED PERSONAL LEAVE DAY WHILE ASSIGNED TO THE YARD EXTRA BOARD AT(LOCATION/CIRC7).
1997 SP WEST MODIFIED AGREEMENT, ATTACHMENT B, SECTION F; “THE GUARANTEE REDUCTIONS SHALL NOT APPLY FOR ABSENCES DUE TO BEREAVEMENT LEAVE, PERSONAL LEAVE DAYS, VACATIONS, RULES CLASSES, JURY DUTY, PHYSICAL EXAMINATIONS OR OTHER INSTANCES WHERE THE EMPLOYEE IS HELD AT THE INSTRUCTION OF THECARRIER”.