Rule 95 – Called and not used

(a) An engineer called on duty and released within four (4) hours from time on duty without performing service, other than preparing engine to go out on a train, will be allowed one-half basic day at the basic through freight rate and stand first-out; if held on duty over four (4) hours, or he or she moves engine from the track or place that he or she takes charge of the engine for the purpose of going to train, he or she will be allowed a basic day and stand last-out.

If he or she is both called and released before leaving home or place where called, no allowance will be made if the time the engineer is first contacted for a call is within the period between 6:00 AM and 10:00 PM, but one-half basic day at the basic through freight rate will be allowed if the time the engineer is first contacted for the call is within the period between 10:00 PM and 6:00 AM and retain his or her position on board.

(b) Except as otherwise provided, an engineer holding a turn in interdivisional pool freight service, who is held four (4) hours or more and qualifies for a basic day payment shall stand first-out on the interdivisional pool freight board, but will not be used for service until the expiration of minimum rest as required by the Federal Hours of Service Law or by the applicable rest agreement from the time of release from duty, if other rested crews are available. In the application of this provision, such engineer shall establish a new turn and no claim for runaround shall be considered valid.

Claiming 65 miles for being called between the hours of 2200 and 0600 and not used per rule 95. I was first contacted at {time called} to see if I wanted to {what they wanted you to do i.e. work off of assigned pool}. I was not used and I am entitled to 65 miles per agreement.