Sample Claims

I.A.W. UPED RULE 32K AND PUBLIC LAW BOARD 164 CASE 186 AWARD 186 CLAIM 65 MILES FOR STEPPING UP IN THE YARD TO WORK THE YDE82X 30 ON 04/02/14.REVIEW JOB HISTORY FOR EVIDENCE.

Conductors need to enter a service claim for the miles run off the Greeley sub. Your miles claimed are in addition to (above) the basic day. Overtime is not effected by the access miles run outside your assignment. Refer to Rule 57 ot 23(i) when making this claim. Make your claim according to the service you performed when delivering or receiving the train. Be sure to show the side trip on your FRA tie-up report.

Claim 50.0 miles in addition to the trip rate for making side trip on the Fort Collins subdivision under Rule 57. As instructed by the corridor manager, I took train (symbol) from LaSalle WD687 to Fort Collins (WF825)Secured train at WF825 at (TIME) and then returned to LaSalle (WD697) at (time).

• Time Slip showing FRA tie-up data
• Recap showing declination number

Public Law Board 6312 and 269 was awarded to a fellow brother who did not receive his room within the alotted 30 minutes as stated under the FRA's "Suitable food and lodging at designated terminals, Hours of Service Act Interpretation" in 1990.  Be sure to adjust your rest from the time that you recieve your room key.  Another words if the time from your departure from the tie-up point until you recieve your room key is 50 minutes, then adjust your rest 50 minutes from your tie-up time.  You must call CMS to do this.

I.A.W. PLB 6312, Award 269, PLB 5916, Award 24, PLB 5739, Award 47, FRA FEB 3rd 2004 Memorandum, and ARTICLE II, Section 1 of the UTU/BLE 1964 National Agreement allow 130 mile penalty account did not receive room within the allotted 30 minutes after tie up. Tied up off assignment (train) at (time). Departed Bond/Pburg at (time) and arrived Lodging facility at (time) and was given room key at (time).

1. Copy of working time slip showing what time you were off duty.

2. Time of departure from off duty point.

3. Time of arrival at lodging facility.

4. Time room was received.

5. Copy of job history for pool showing original and adjusted time.

6. Reason for delay (ie. waiting for transportation, waiting for room to be cleaned.)

NOTE: For any reason if van is stopped while enroute to hotel no claim should be submitted.

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This claim is for the XC34 when they work the south and west local. Claim $24.68 in lost earnings for CMS put me on duty as a 130 mile local when combination switch and road service is rated at a 100 mile basic day.

I.A.W. UP Eastern District rule 58, claim $24.68 in lost earnings for CMS placed me on duty for the KP643 AT30 LDB15 06 at 00:00 at 130 mile basic day instead of the 100 mile combination switch and road service rate.

I.A.W. UPED 1992 extra board agreement article II part F claim $000.00 in lost guarantee, for CMS penalized me for evading on 00/00/11.  Thank you.

I.A.W. UP Eastern district rule 41,the payment should be made of $000.00 in lost earnings. CMS improperly filled and worked my turn the WD640 (pool assignment) with an extra board employee. I was not rested under the Federal Hours of Service Act, when prior to the completion of my legal rest, CMS failed to hold my turn first out until rested.

I.A.W. EASTERN DISTRICT RULE 40 A CLAIM 350 MILES THAT I WAS NOT ALOTTED TO RUN FOR THE MONTH OF JULY.   FOR CMS MANPOWER REFUSES TO LET LOCAL CHAIRMAN TO REGULATE POOL CREWS IN THE DENVER TERMINAL.

(If instructed to perform additional service before arriving objective terminal) 130 miles penalty per Rule 41(9). This claim is for when you are on duty for a train. see claim below if you are in dh status while enrout to final terminal.

Ref Rule 41 Part(9). Claim 130 miles penalty account instructed to perform service on train SYMBOL at station NAME. We finished service on train SYMBOL at STATION and got into Renzenberger van NUMBER and DH to STATION to crew train SYMBOL @ TIME. DISP NAME instructed us at TIME to perform this service.

• Copy of Delay report.
• Copy of =PE (fill out FRA report properly)
• Copy of pay stub With Declination Number

Please notify Local Chairman so he can put a run around claim in for crew that should have caught the train.

Claim if you are called and not used.

Claim 65/130 miles Penalty payment for called & released after 4 hours held or with serviced performed.On Duty LOCATION DATE @ TIME hrs & released from duty LOCATION DATE @ TIME hrs. REF RULE 41(d) & PLB 3736, AWARD NO. 4.

• Copy of =PE
• Copy of your Pay Stub with decline number
• Copy of Call Sheet if Possible

This claim is for XC34 crews forced to dog catch Pueblo trains when the Pueblo extra board is available.

I.A.W. UP Denver hub agreement claim a 130 mile penalty on account that the corridor manager Authorized me to dog catch the (train symbol) at (location) at (date & Time) when the Pueblo extra board was available to perform this work.

Claim DH Separate and Apart and then told to get on a train while en-route to terminal. REF:Article 6 of the 1985 National Agreement Q&A #3

Please note: If you are notified prior to departing the terminal that you will be getting on a train this claim does not apply. Also if they allow you to tie up on your DH and then put you back on duty 1 minute later this claim does apply.

I.A.W. article 6 of the 1985 National Agreement Q&A #3 claim 130 mile penalty account called to deadhead separate and apart and was instructed by DISP _____ while en-route to the (home/afht) to relieve crew off of train _______ at _______. We crewed train __SYMBOL__at __LOCATION__ at__TIME__.

• Copy of FRA report
• Copy of BU
• Copy of =PE
• Copy of pay stub With Declination Number

I.A.W. the 2002 Section V of the National Agreement Q & A #18 Claim no less than the trip for for train ______ dog caught at _________. I was called to perform hours of service relif while assigned to Thru Frieght Pool I.D. Service in turn____ Pool board _____ in Denver.

• Copy of FRA report showing all trains (this is the back bone of your claim)
• Copy of BU of each train (ex BU ANPDV 13 a a)
• Copy of =PE
• Copy of pay stub With Declination Number

This will be a valid claim if either crew has less than 2 hours to work.

Claim 130 mile penalty payment account non-compliance of PART VIII, SECTION 7 of the 05/22/1972 ID AGREEMENT. Trains exchanged enroute DATE @ TIME hrs from the TRAIN ID, UNIT ID DIRECTION with CREW POSITION CREW MEMBER on duty LOCATION DATE @ TIME hrs to the TRAIN ID, UNIT ID DIRECTION with CREW POSITION CREW MEMBER on duty LOCATION DATE @ TIME hrs. dispatcher authorized INITIALS SUBDIVISION Subdivision DATE @ TIME hrs. REF IAW 05/22/1972 ID AGREEMENT PART VIII, SECTION 7 & PLB 5912 , AWARD #120 & 121.

• Copy of =PE
• Copy of your Pay Stub with decline number
• Copy of Call Sheet if Possible
• Copy of crew boards showing trains called for
• FRA Tie up showing both trains with option F8

Claim 65 miles penalty payment for regular conductor off assignment Set-Up plus MILES miles Make Whole entitlement. On duty LOCATION DATE @ TIME hrs for the JOB ID job off regular Conductor assignment Turn TURN ID on the BOARD ID board & tied up LOCATION DATE @ TIME hrs. Turn TURN ID with CREW POSITION CREWMEMBER On duty LOCATION DATE @ TIME hrs for the JOB ID job & LOCATION DATE @ TIME hrs for the JOB ID job. REF IAW UPED - UTU SCHEDULE ITEM 92(t) & PLB 164, AWARD NO. 186 &187.

• Copy of crew boards showing turn
• Copy of =PE
• Copy of pay stub With Declination Number
• Copy of Call Sheet if Possible

A Dog catch short turn around which allows you to dog catch 1 train only outside of the terminal limits. NOTE: It is a good idea Keep a copy of each BU of each train and make notes on them.

If you are made to dog catch another train Claim additional 130 miles per automatic release RULE 67 (CON) and RULE 71 (ENG). Also REF: PLB 6531

"I.A.W. PLB 6531 Case 7, Award 7. Claim trip ACYDV-10 as Follows: Claim 130 miles for dog catching train ACYDV-10 and then Claim additional 130 miles for dog catching train CPSEY-11. I was called to only dog catch 1 train and was not called for zone dog catch service. Please see FRA Tie-up data of all trains handled during tour of duty."

• Copy of FRA report showing all trains handled
• Copy of BU of each train (ex BU ANPDV 13 a a )
• Copy of =PE
• Copy of pay stub With Declination Number

(RULE 92) (5) Rights of conductors and brakemen will be confined to their respective districts; branch lines will be considered a part of the district with which they connect.

Claim a basic day account off district I.A.W. with rule 92 part (5) of the Eastern Lines Agreement. I Entered the NAME subdivision at milepost NUMBER to crew SYMBOL which is not my assigned seniority district.

• Copy of crew boards
• Copy of =PE
• Copy of pay stub With Declination Number
•  
  Copy of Delay report if possible

I.A.W. Article 2 zone 1 of the Denver Hub agreement and Yost award Claim 130 mile penalty on account I went off district at Mile Post 507.27 Barnett.  I was authorized by (dispatcher) to take Limo to get the (train symbol) east of MP507.27.  I departed WX510 Cheyenne via Limo at (time) and went off district at MP 507.27 at (time) and arrived at (Mile Post) at (Time)  got on the train then came back on district at MPW507.27 at (Time) and arrived at Cheyenne wx510 at (Time).

• Time Slip showing FRA tie-up data
• Recap showing declination number

I.A.W. Article 2 zone 1 of the Denver Hub agreement and Yost award Claim 130 mile penalty on account I went off district at Mile Post 507.27 Barnett.  I was authorized by (dispatcher) to take the (train symbol) East of MPW507.27 at (time) and arrived at (Mile Post) at (Time) then came back on district at MPW507.27 at (Time) and arrived at Cheyenne wx510 at (Time).

• Time Slip showing FRA tie-up data
• Recap showing declination number

I.A.W. Article 2 zone 1 of the Denver Hub agreement and Yost award Claim 130 mile penalty on account I went off district at CPW520 west Speer.  I was authorized by (dispatcher) to get on (train symbol) west of CPW520 West Speer.  Got into Limo at WX510 and departed at (time) went off district at CPW520 mile post 520 (time) arrived at (Mile Post) at (Time) then came back on district at CPW520 at (Time) and went south on Greeley subdivision to Denver WD640.

• Time Slip showing FRA tie-up data
• Recap showing declination number

I.A.W. Article 2 zone 1 of the Denver Hub agreement and Yost award Claim 130 mile penalty on account I went off district at CPW520 west Speer. .  I was authorized by (dispatcher) to take the (train symbol) west of CPW520 west Speer at (time) and arrived at (Mile Post) at (Time) then came back on district at CPW520  at (Time) and arrived at Cheyenne wx510 at (Time).

• Time Slip showing FRA tie-up data
• Recap showing declination number

An interdivisional crew called for short turnaround or other irregular service when no extra or other non-interdivisional crews are reasonably available is entitled to compensation as provided in Items 92(s) and 92(t) of Appendix A.

Claim Make Whole and 65 miles penalty account called for short turnaround service with no extra board men available to fill assignment. Reference item 92(t) and 92(s) from appendix "A" of the Eastern Lines Agreement and "Kenny Settlement Letters" dated 1975 and 1976. Called to Dogcatch train __(SYMBOL)__ OD at ___(TIME)_____.

• Copy of crew boards
• Copy of =PE
• Copy of pay stub With Declination Number

If an interdivisional crew is called for short turnaround or other irregular service, and there are extra or other non-interdivisional crews available who should have been used, the interdivisional crew is entitled to the round-trip mileage of their assignment and the extra crew who should have performed the short turn around service is entitled to a run-around claim.

Claim District miles for being called for short turn around service with extra board personnel available at call time. Conductor NAME and Engineer Name should have crewed train SYMBOL on duty @ TIME, DATE. Reference Part VII section 1 of the 1972 Interdivisional Agreement and "Kenny Settlement Letters" from 1975 and 1976

• Copy of =PE
• Copy of your Pay Stub with decline number
• Copy of Call Sheet if Possibble

Note: Please inform Local Chairman of run around and should have stood for such train so the committee of adjustment may put in claim for that person.

Train crews are not required to run their trains through the final terminal as you are automactically released upon arrival at the final terminal.

I.A.W. Estern Line Agreement Rule (67) Automatic Release claim additional 130 miles account told to run through terminal after arriving at Cheyenne (WX510). Train SYMBOL Left Switching limits (MP 507.27) at 1000 hours and stopped at CP NX506 to tie train down (or Wait for outbound crew). We re-entered the terminal at 1030 hours to tie up.

• Copy of crew boards
• Copy of =PE
• Copy of pay stub With Declination Number

(claim 65 miles if called within 8 hours of runaround or claim 130 miles if called after 8 hours of the runaround.)

REFERENCE: RULE 41(c)

Ref Rule 41 of eastern lines agreement. Claim (65/130) miles account run around by NAME on BOARD in Denver. I stood first out for Train SYMBOL called @ TIME hours on the DATE. I was subsequently called for train SYMBOL on duty at TIME hours.

• Copy of =PE
• Copy of your Pay Stub with decline number
• Copy of Crew dispatcher logs

Zone Dog catch allows you dog catch trains outside of the terminal with penalties that may incur if certain conditions arise. zone service does not limit the amount of trains that can be dog cuaght within the zone in the first 8 hours on duty.

1. Claim 100 mile penalty if you break the zone. MP 32.5 (West), 31.2 (North), 610.1 (East) Mp 25.0 (South)

2. Claim 100 mile penalty if you depart the SL After 8 hours on Duty. MP 7.5 (West), 6.2 (north), 635.1 (East) and 0.0 (South).

3. Claim 100 mile Penalty if you run off more than 100 miles within the zone.

"Claim trip CWECSH-20 as follows. Claim 100 miles and then claim (U9) used out side zone account left zone (MP32.5) at 1203 hours to dog catch train CWECSH-20 at KP681. We re-entered zone at 1355 hours with train and yarded it at kp643 at 1800 hours. Then Claim additional 100 miles account we departed after 8 hours (F2) to dog catch train MNPDV-21 at WD659. We left SL 6.2 at 1855 and crewed train (MP13) at 1920 and arrived back in the terminal at 1810 to yard train with final tie up at 1935. please review FRA tie-up data of all train handled."

• Copy of FRA report showing all trains (this is the back bone of your claim)
• Copy of BU of each train (ex BU ANPDV 13 a a)
• Copy of =PE
• Copy of pay stub With Declination Number

If pool crew is sent to Cheyenne from Denver and you are in a pool turn, you are to tie up in Cheyenne as this is the objective terminal. Rule 67 is the rule that applies. If turned around from the objective terminal the first out rested crew has a run-a-round claim per Rule 41. Please be sure to notify this crew.

Claim 65/130 miles account crew members, NAME & NAME (ex: Con C.K. Smith and Eng. D.L. Wood) were told to crew ZCSDV/ZLADV for which I stood to work this train to Denver from Cheyenne. REF: 1972 ID. Agreement, Rule 41 (Calling)

• Copy of crew boards
• Copy of =PE
• Copy of pay stub With Declination Number

(Rule 41 item (9)) When deadhead crews are picked up between terminals, they will not be set out for service if other crews are available. This means you need to reach the objective terminal regardless if it is in a bus or on a train. I.E. Bus from Speer to Cheyenne.

Wording: This will very if instructed to dog catch or something else. See sample wording below.

Claim 130 miles account violating rule (67 - automatic release) and rule (41(9) - Calling) for dogging train ADVPR-01 at WD692 (Greeley) after assigned train ZDVSC-02 was completed upon arrival at WX510 Cheyenne. Train Crew boarded train ADVPR-01 at 0910 hours @ NUNN CO. and arrived WX510 1130 hours.

• Copy of crew boards
• Copy of =PE
• Copy of pay stub With Declination Number
• Copy of Delay report if Possible

If pool crew is specifically called to perform turnaround service I.E. Denver to Speer with no extra board crews rested or available then claim 65 mile penalty I.A.W. Rule 92(t) of the Eastern lines agreement and your earnings for that trip. Claim Rule 92(t) for each train you handle.

Claim 65 mile penalty plus earnings made for train ZSCDV/ZLADV I.A.W. rule 92(t) called for irregular assignment. Left WD640 in van @ TIME DATE and arrived WS518 (SPEER) @ TIME DATE.

• Copy of crew boards
• BU of train I.E. (BU ZSCDV 13 a a )
• Copy of =PE
• Copy of pay stub With Declination Number