NMA Interpretations
When Holidays Fall on a Weekend Under the National Maintenance Agreements
With the summer months upon us the Committee is inevitably asked about the celebration of holidays as provided for in Article XI of the Agreements, when projects are worked under the terms and conditions of the National Maintenance Agreements.Questions arise when the NMA provided holiday falls outside the regular workweek. For example, this year (1999) the Independence Day holiday, the 4th of July falls on a Sunday. Looking further ahead in the year Christmas Day, December 25th falls on a Saturday in 1999. In light of these circumstances the typical question that arises, What is the proper procedure to follow when a NMA holiday falls on a Saturday or Sunday?
As a result of the most recent revision of the National Maintenance Agreements in 1996, the Committee included language under Article XI - Holidays, Section 2 relating to situations where a NMA holiday falls on a Saturday or a Sunday. The Agreement reads, "If any of these listed holidays falls on Sunday, the following Monday shall he observed as the holiday. If any of the listed holidays falls on Saturday, the preceding Friday shall he observed as the holiday." Therefore, any work performed under the Agreement on Monday, July 5, 1999, as well as Friday, December 24, 1999, shall be paid at the applicable overtime rate, not to exceed double time, as outlined in Article XV - Work Hours Per Day, Section 3. It is also well to note, that the top craft supervisor (foreman and/or general foreman) is entitled to eight hours at the straight-time wage rate for the holiday, if the holiday in question is not worked, as part of the guaranteed forty (40) hours provision stipulated in Article XIII - Supervision, Section 2.
If you have other questions regarding the NMA's, contact the NMAPC office.
August 20, 2004
