Claims Guide
These are a sampling of some of the more common claims that are out there. Remember to document everything that happens on your Federal Tie Up Screen. You have 60 days from the time the claim happened to get it put in but only one chance to do your FRA Reporting correctly. So do the FRA Reporting and ask about the claim if you are not sure.
Rates of Pay
On mm/dd/yyyy I was assigned to the CIRC7 pool turn #### called on the Train-ID at 00:00 to take the train to CIRC7. En route I was instructed by the train Dispatcher name to trade trains at CIRC7 or M.P. The trade was made at 00:00 with Engineer Name pool turn #### to the Train-ID. Claiming 1 hour as per rule 7, and appendix 38 of the Salt Lake and Portland Hub agreement dated July 1, 2008.
Freight Service
Claiming 130 Mile Basic Day under the Interpretation dated 02/04/14 per Rule 46. After completing my assignment at Location I was instructed by Who Instructed You To do it to take my train to Location (MPXXX) This is beyond my final terminal and I am entitled to a Basic day under Rule 46 as described in the MOU Interpretation for various issues BLET \ UPRR Schedule Agreement governing the Portland Hub Zones 1, 2, and 3 and the Salt Lake City Hub.
On (mm/dd/yyyy) I was assigned to the (CIRC7 pool turn ####) called on the Train-ID at 00:00 to take the train to (CIRC7). En route I was instructed by the train Dispatcher Name to stop my train at (CIRC7) and (give as much detail as possible on the work performed. We stopped our train at (CIRC7) at 00:00 and went to (CIRC7) performing required service and returning back at our train at 00:00. Claiming 1 basic day for non-emergency side/lap back trip as per Rule 28 and rule 24 of the Salt Lake and Portland Hub agreement dated July 1, 2008.
On mm/dd/yyyy I was assigned to the CIRC7 pool turn #### called on the Train-ID at 00:00 to take the train to CIRC7. At the Initial/Final terminal, I was instructed by Name/Title at 00:00 to perform ( give details i.e. couple into power give Unit numbers and set over to) service not in connection of train called for, where yard crews are on duty give job ID that was on duty if possible. Claiming time consumed from 00:00 to 00:00 for a total of hh: mm as per rule 37 of the Salt Lake and Portland Hub agreement Dated July 1, 2008.
On mm/dd/yyyy I was assigned to the CIRC7 pool turn #### called on the Train-ID at 00:00 to take the train to CIRC7. After arriving at CIRC7 where yard crews are stationed I was instructed by Name/Title to make the following moves ( give detail of all work done i.e. set cars on top of fill over/switch cars out of pick up/ set out to multiple tracks when cars would fit in a single track) not in connection of the train I was called for. Work started at 00:00 and was completed at 00:00 (a minimum of 1 hour). Claiming a total of hh: mm consumed as per rule 38 of the Salt Lake and Portland Hub agreement.
Document track numbers, car numbers, Unit numbers, Yard crew on duty, and the Manager/Yardmaster who ordered the work done, and all times involved completing the movement. This claim is a minimum of 1 hour.
(a) Engineers in pool freight service shall run first-in first-out if rested and available. The tie-up time at the terminal shall govern in determining the order in which engineers shall be called for subsequent service.
(b) When two (2) engineers of the same pool are called for the same train, one to perform service, the other to deadhead, the engineer standing first-out shall deadhead. If both engineers are not on full rest, the fully rested engineer may be used for the service trip.
(c) Engineers assigned to the extra board shall run first-in first-out if rested and available. The tie-up time at the terminal shall govern in determining the order in which extra engineers shall be called for subsequent service.
(d) When two (2) extra engineers of the same extra board are called for the same train, one to perform service, the other to deadhead, the engineer standing first-out shall make an election as to whether he/she shall perform service or deadhead. If both are not on full rest, the fully rested engineer may be used for the service trip.
(e) When two (2) engineers of the same pool or the same extra board arrive at the same terminal, one deadheading, the other in service, the engineer deadheading shall be considered as having tied-up first.
(f) When an extra engineer performs a combination of both road and yard work train service, the time released from duty shall govern in determining the order in which such engineer shall be called for subsequent service in relationship to other engineers of the same extra board who have arrived at the terminal in other classes of service. If no final terminal work train service is performed, the tie-up time shall govern.
NOTE : The term “rested and available” under this rule shall be understood to mean that an engineer shall be “rested and available” eight (8) hours from time tied up where his or her tour of duty was less than twelve (12) continuous hours and ten (10) hours from time tied up where his or her tour of duty was twelve (12) continuous hours.
(g) When two (2) extra road engineers from the same board are called to deadhead on the same train, the engineer standing first-out shall make an election as to which service or run he/she shall be deadheaded to.
On mm/dd/yyyy I was assigned to the CIRC7 pool turn #### called on the Train-ID at 00:00. Claiming 1 Basic day/trip rate/60 miles account after completing tour of duty for train called for I was instructed by Dispatcher/manager Name that we would have to get another train. The second train was the Train-ID starting at 00:00 at CIRC7 and ending at 00:00 at CIRC7. Claimed as per Rule 44 of the Salt Lake and Portland Hub Agreement Dated July 1, 2008.
Document Train symbols and Name of person instructing you to complete work performed. Document all rubber and steel miles. Your Federal tie-up must reflect all events as proof of worked performed.
Engineers of regular assignments who are required to perform extra service before beginning or after completing their regular assignment will be paid a minimum of a basic day (at the applicable class of service) for such extra service in addition to not less than the earning of their regular assignment. On regular assignments having layover day or days at outlying points, engineers required to perform service on layover day shall be paid therefor in accordance with Rule 107.
When making this claim you need to supply as much information as possible. Include all times performing service and all milepost locations deadheading to locations etc. The more information that you can provide the better off you will be.
Claim 130-mile basic day for performing extra service per rule 46. I was called on duty for the train symbol at time before taking charge of my train I was instructed by who told you to do it to what you had to do we started this move at time started and finished at time completed we then took charge of our train at time. This pays a basic day per rule 46.
OR
Claim 130-mile basic day for performing extra service per rule 46. I was called on duty for the train symbol at time after completing our assignment we were instructed by who told you to do it to what you had to do we started this move at time started and finished at time completed this pays a basic day per rule 46.
Helper Service
Claiming new helper day (130 miles) account running in excess of a 100 miles in Helper Service. On mm/dd/yyyy I was assigned to the CIRC7 pool turn #### called on the Train-ID at 00:00 to Help the Train-ID from CIRC7/ M.P. to CIRC7/M.P. for a total of XXX miles run. Claimed as per rule 53 of the Salt Lake and Portland Hub Agreement.
Document all work performed, starting location, Train ID, intermediate location and off duty point.
Yard Service
Claiming 1 basic day (130) miles denied meal period. On mm/dd/yyyy I was assigned to the CIRC7 assigned to the Train-ID at 00:00. I notified Name/Title at 00:00 that I would be running my meal period. I was finally allowed my meal period at 00:00 by Name/Title. Claiming 1 basic day as per Rule 71 of the Salt Lake and Portland hub agreement Dated July 1, 2008.
Document start time, time requesting meal period, give a detailed reason for meal denial.
General Rules
(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 and placed on duty at what time. After accepting the call and being placed on duty I was released at what time prior to arriving at the on-duty point.
Claiming 130 miles (Basic Day) account being denied reasonable time to obtain a meal while between terminals on the (Job ID) on (MM/DD). I departed (Circ7) at (MM/DD) and requested time to eat at (MM/DD) at the location of (Circ7), but was denied that request by (Name). This claim is fully supported under the collective bargaining agreement Rule 111 that provides that Engineers shall be allowed time for meals between terminals when necessary.
CLAIMING 1 BASIC DAY FOR CMS IMPROPERLY HANDLING THE CIRC 7 POOL# POOL WHEN THEY FAILED TO ADJUST ACCORDING TO THE REQUEST MADE BY THE ORGANIZATION. THE REQUESTED ADJUSTMENT WAS WITHIN THE CONFINES OF THE AGREEMENT AND CMS CHOSE TO IGNORE THE ADJUSTMENT REQUEST THAT WAS PROPERLY MADE. THE AGREEMENT ALLOWS FOR REGULATION BETWEEN 3200 MILES AND 3800 MILES AND THE POOL IS BEING HELD AT 3500 MILES PER NAME OF PERSON ON “DATE”.
OR
CLAIMING 1 BASIC DAY FOR CMS IMPROPERLY HANDLING THE CIRC 7 POOL# POOL WHEN THEY FAILED TO ADJUST ACCORDING TO THE REQUEST MADE BY THE ORGANIZATION. THE REQUESTED ADJUSTMENT WAS WITHIN THE CONFINES OF THE AGREEMENT AND CMS CHOSE TO IGNORE THE ADJUSTMENT REQUEST THAT WAS PROPERLY MADE. THE AGREEMENT ALLOWS FOR REGULATION BETWEEN 3200 MILES AND 3800 MILES AND THE POOL IS BEING HELD AT 4100 MILES PER NAME OF PERSON ON “DATE”.
An engineer taken from his or her regular assignment and used in other service will receive for such service not less than he/she would have earned had he or she remained on his or her assignment. This does not apply to freight engineers called for passenger service.
Claim difference in earnings from what I made for working (board location) (pool) (turn id) that I would have made on my assignment (board location) (pool) (turn id). I was called off of my assignment to work the (train symbol) at (on duty time) going from (location) to (location)and then returning on the (train symbol) at (on duty time) going from (location) to (location). I am entitled to the difference in earnings per rule 118 that I would have made if I had worked my assigned turn.
Claiming all lost earnings from (assignment) from (date) to (date) account no determination made by Carrier within 5 days after being notified of my being medically cleared for duty. Carrier was notified by certified letter of medical release on (date). Claim all lost earnings as per PLB 394, case 35, award 35.
Miscellaneous
| Sample Claim Language: |
Claiming 1 hour at the straight time rate in addition to all earnings made for being required to wye my power at Longview, Washington. Include all of the required documentation such as Train ID, Date, Time, Who instructed you to do it.
Agreement Language
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We were called for the XXXXXX-XX at XX:XX at CIRQ-7. I tied up at XX:XX at CIRQ-7. We arrived at the Oak Tree Inn at XX:XX. There were no rooms available at the Oak Tree. At that time there were no rooms available at the alternate hotels. I notified CMS and they were unable to secure lodging for me at any other facility. I finally secured a room at XX:XX at which time I notified CMS and had my rest adjusted. Claiming a basic day for having to wait for lodging for over TOTAL TIME.
(must be greater than 1 hour after arriving at the lodging facility.)
“The handling resulting in placing _______ in RF status represents a radical change from the manner in which vacancies have been filled for engineers within this GCA’s jurisdiction as assigned engineers (including engineers in pool freight service) have never been required to accept a call for service on other than their own assignment. The practice has been consistent and longstanding that assigned engineers do not have to accept calls for service that is not their assignment. Current CMS vacancy procedures affirm this position. The Organization has never agreed to this new handling by the Carrier through the actions of its CMS department
As proof of the manner in which calls for service have been administered is found in the 1994 BLE Idaho CMS Policy Manual, including correspondence between the parties. The vacancy procedures set out in that policy, which were approved and accepted without exception by the parties, are clear that all vacancies where the extra board is depleted and where assigned engineers are contacted all specify that the engineer is “not required to accept if contacted”. The only exception is for engineers who have “AEW” status (applied extra work) and are required to accept the call. The only penalty if they do not accept the call was that they lose the “AEW” status. Those subject to being required to accept the call are extra board engineers and demoted engineers.
Accordingly, Engineer __________ should be paid for all time lost resulting from the CMS mishandling of the call for other than his assignment and improperly placing him in RF status.”
An engineer taken from his or her regular assignment and used in other service will receive for such service not less than he/she would have earned had he or she remained on his or her assignment. This does not apply to freight engineers called for passenger service.
Claim difference in earnings from what I made for working (board location) (pool) (turn id) that I would have made on my assignment (board location) (pool) (turn id). I was called off of my assignment to work the (train symbol) at (on duty time) going from (location) to (location)and then returning on the (train symbol) at (on duty time) going from (location) to (location). I am entitled to the difference in earnings per rule 118 that I would have made if I had worked my assigned turn.
Sample Claim Language:
Engineer NAME & ID claiming 8 hours basic day penalty for being instructed by Carrier Officer NAME to operate company provided transportation from LOCATION to LOCATION on DATE while working JOB #. This claim is supported by Article VIII, Section 3 of the 1986 458 Award which identifies what other duties an Engineer may perform without additional compensation in connection with their assignment. Self-transporting myself and others within/outside terminals is not one of the duties identified in Section 3 thereby making this claim valid.
This is a claim by [CLAIMANT'S NAME] for a penalty payment in the amount of one (1) basic day at the road switcher rate for [DATE OF VIOLATION]. On this date, the Carrier used remote control yard crew [ASSIGNMENT OR JOB NUMBER] outside the switching limits at [TERMINAL] to perform road work that was performed by the [ROAD JOB ASSIGNMENT] crew prior to the elimination of their assignment. This action violated Article VIII, Section 2(a)(iii) of the May 19, 1986 Award of Arbitration Board No. 458. The Carrier also exceeded the scope of the Award of Special Board of Adjustment No. 1141 (the Vernon Award) because (1) the remote control yard crew was used to perform road work outside the switching limits at [TERMINAL], and (2) the road work the remote control yard crew performed outside those switching limits involved other than the movement of cars, trains and/or engines in terminal operations, or in connection with the gathering and distribution of freight and/or equipment in and around [TERMINAL].
Personal Leave Days
Claiming a basic day for Timekeeping’s violation Q&A 4 of Appendix 62 of the Agreement. I was available for the entire (FH or LH) of (Month). In the calculation of qualifying days for personal leave (PL) days I was credited (Number of days) when I should have been credited (Number of days) as per the Agreement.
Claiming a basic day for Timekeeping’s violation of Appendix 62 of the Agreement. During the (FH or LH) of (Month) Timekeeping failed to properly calculate starts towards PL Day qualifications stating that I was not available for the entire half due to being required to take extra rest in FR status from (Dates). This is a federally mandated rest status and not an unpaid absence (layoff) as described in Section 3 of Appendix 62 of the Agreement.
Have any more questions? Ask your Local Chairman!
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