This guide is designed to help Trainmen make good Special Claims. It is not an end-all document. This guide will give you a rudimentary knowledge of Special Claims related to UTU Local 771, Needles, CA.
It is your responsibility to ensure you are paid correctly. If you need assistance, ask an old-head or Local Chairman. If you show a shortage, call the timekeeper. If you are declined and the timekeeper requires more information, call the timekeeper and give them the information they need. Many times it’s as simple as submitting a code IF (I forgot) on your next working ticket.
You are the first line when it comes to receiving proper payment. Proper documentation is essential to proper payment. I can’t stress this enough!
Timekeeping phone #s
Working tickets and Penalty Special Claims:
Working Tickets:
Needles-Winslow = Dixie Dunlap 435-3292
Needles-Barstow = Paul Glinka 435-3288
Penalty special claims (Needles) = Ray Moore 435-3286
Manager: Pamela S Jones
Co. phone: 8 435-3348 Bell phone: 785 435-3348 FAX: 785 435-7998
Special Claims (non penalty):
Guarantee, make-whole, detached, jury duty, rules, safety,
Alternative handling, bereavement, safety = Steve Phillips 435-3234
Student pay, LETP, CBT, vacation, retirements = Dana Arenz 435-3549
Manager: Joe M Baxter
Co. phone: 8 435-7708 Bell phone: 785 435-7708 FAX: 785 435-7998
Let’s talk a moment about how to make out a good claim. If you were a reporter covering a story for your newspaper, you would furnish certain things in your story. Making a claim out is much the same as reporting a story. Use the 5 W’s when documenting a claim; Who, What, Where, Why and When. Document your claim! Many good claims are declined and ultimately trashed account insufficient information.
Gather up and retain all supporting information regarding your claim. If your claim is declined and you’ve exhausted all avenues with Timekeeping, attach supporting information to your decline and forward to your Local Chairman. Supporting information would include call slips, work order, notes regarding radio transmitted instructions, train list, copies of board standings /last train called, etc., etc., etc.. One overlooked source for both research and documentation is Option 20 (History And Reports Menu) on the computer mainscreen. Movement, call time, tie-up, etc., can be recovered from here. Learn to use it!
Board standings and other information can be emailed to yourself for possible future use. It saves on paper and ink and many times you do not have access to a printer anyway. Besides, in most instances you will not need the information. To email to yourself, while viewing the particular board, hold down the shift button and hit F7. This will bring up a new window which is self-explanatory. To email to your Company email, use shift F5.
This supporting information will make the difference in your getting paid. It all boils down to how bad you want to be paid! Help yourself out here! If your claim is such that it has no supporting information, you can forward your claim to your Local Chairman via the “Electronic Highway”.
Always wheel your cars with Customer Support via VTR. If you are not registered, do so. It’s easy to use once you become familiar with the program. Management has let it be known that discipline will be entertained for those not willing to use VTR. Besides being part of your job description, this will support your claim and also give the crew picking-up the cars the ability to obtain a list of the cars. Should you need a CLIC LIST you can access this information from OPTION 8 (main screen) and then OPTON 15. Should you wish to print this information, hold down the shift button and press F4, enter printer number.
Bottom line, if you don’t put the claim in you won’t get paid. If you don’t put the claim in correctly you won’t get paid. In the event you have been declined and you’ve pursued all avenues with Timekeeping and you do not furnish your Local Chairman with the supporting documentation, chances are you won’t get paid. It’s all about “how bad do you want to get paid”? Help yourself and help your Local Chairman/General Chairman!
The size of your paycheck is directly related to your knowledge of the various agreements and decisions of Public Law Boards. The more you know, the more you can claim, and the more you will make. See website http://www.utugo017.org/.
Local 771 meets the 1st and 3rd Tuesday of every month. Any Union is only as good as the sum of its parts! Get involved! See you at the next meeting!
SPECIAL CLAIMS (submit on a special claim Option 1b). NOTE: A complete list of all available Special Claim Codes can be obtained by placing the cursor in the ‘SELECT CA CODE’ box and pressing F1. Some of these codes do not apply on the Coast Lines. Find the code that best fits your claim. If you use the wrong code, your claim will be denied and you will be required to resubmit using the proper code.
AO -- CALL AND RELEASE (after on duty)---- Claim 130 mile basic day at freight rate of pay account performed service prior to release. List service performed, i.e. checked correctness of GTB, train list, System General Orders, correctness of watch, inspected engines, etc., etc.. The same applies for Locals, Work Trains, Yard Jobs and Road Switchers
AP – ACTIVATION PENALTY (PLANNER)--- This claim pertains to the Seligman Sub. Listed below are the various situations where the AP applies:
1) If you are the regular assigned Conductor and you are on the Active Board more than 9 hours 30 minutes, claim 130 mile basic day. Note: The Carrier is allowed 15 minutes either side of the hour. If the activation was prior to the top of the hour, take your time from the top of the hour. Activation 1445 hours, start your clock at 1500. Run off 9 hours 30 minutes would put your Activation Penalty effective 0031 hours called-on-duty.
Activation 1514 hours, start your clock at 1500 hours and run off 9 hours 30 minutes would put your Activation Penalty effective 0031 hours called-on-duty.
2) If your turn is activated outside the 30 minute window, you are entitled to the AP claim. Activation window is 15 minutes either side of 3, 7, and 11 Mountain Time. Use the time that is next to your turn as the Planners use Central time.
3) Changing the standing order of the Active Board is a penalty also. Let’s say the activation standing is 1) WIN3301, 2) NEE6342 (this is your job), 3) WIN3302. When the trains are called WIN3302 is placed on-duty ahead of your assignment NEE6342. This would also qualify as an AP claim, 130 miles basic day. In this situation you’ve been run-around on the board but submit the claim as an AP for payment.
AT – ASSISTING OTHER TRAINS ENROUTE--- If you are instructed by the Dispatcher, Trainmaster, or some other Supervisor, to assist another train, claim 130 mile basic day for performing service outside the scope of your assignment. This includes but is not limited to resetting the ETD.
BD – BOARD RUNAROUNDS--- First-in/First-out is the rule of thumb here. There are a few exceptions. Basically, if an employee runs around you on the board, you are entitled to a Basic Day or the earnings of the assignment. This is fairly involved and would take up several pages. It’s a good claim and often overlooked. Should you wish to study up on it, refer to the Coast Lines Schedule, specifically Article 10.
CO – PERSONAL LEAVE DAY (carryover)--- Use this code to claim Personal Leave Days you earned from a previous year and did not claim.
CT – CBT TRAINING --- (DO NOT USE THIS CODE IF YOU COMPLETED YOUR TEST EARLY—SEE CODE TI BELOW) If you marked off to take the CBT training on your assigned day and missed a trip, use this code to claim your lost earnings. If you are on the Combo Board and have not exceeded the Guarantee, you will be compensated for the day you missed. If your assigned day falls in a pay period that you have exceeded the Guarantee, claim your lost earnings for the trip, i.e. the earnings of the employee behind you. List the employee, assignment, times, mileage, etc. Beware, timekeeping will balk! Save all supporting paperwork. If you must submit to your Local Chairman, attach supporting paperwork and a copy of your 816 to the decline prior to forwarding.
HO – HANGING ONTO SIDE OF CAR – If you are required to hang-on to the side of a car and ride this car in excess of 1 mile, claim 25 miles. Items to include:
1) Officer authorizing
2) Car number
3) Locations—Example: M.P. 582.7 to M.P. 583.9
4) Who rode the car
HR – HOURS OF SERVICE LAW RELIEF – If you are working an assignment that calls for a full crew and you are required to finish the work after your crew member goes dead account Hours of Service Law, claim a days pay account working short-handed.
IM – CONDUCTOR ONLY MISHANDLING -- This code pertains to Through-Freight Conductor only service. When you are called for a Work Train, Local, Yard Job, Short Turn, etc., you should have a brakeman. The agreement allows for relief service of Through-Freight crews with a conductor only, this includes thru-freight trains that originated with a brakeman. If you are called for a Work Train, Local, Yard Job, Short Turn, etc., and they will not call a brakeman, claim code IM for THE MILEAGE OF A BRAKEMAN HAD HE BEEN A MEMBER OF THE CREW.
Several situations can trigger this claim when working Through-Freight in Conductor-Only Service. Should you put in a claim under the conditions below and you are working in Conductor-Only thru-freight service, claim code IM for the ONE-WAY TRIP MILEAGE OF A BRAKEMAN HAD HE BEEN A MEMBER OF THE CREW. The conditions that would trigger such payment are listed below:
1) Performing 4 work events per tour of duty. 1 event would be setting out a car or picking up a car.
2) Performing 3 work events at the initial or final terminal. Taking your power from Diesel Service to your train or vice versa does not count as a work event.
3) Switching.
NOTE: Switching is not a straight set-out or straight pick-up. Switching would be setting-out a car and picking-up that same car in another location in your train. If you are required to pick-up a car that is buried behind a car or cars, switching applies.
NOTE: If you perform switching to bring your train into compliance with Federal Hazardous train blocking instructions, you do not trigger payment for code IM.
NOTE; If you perform switching to bring your train into Company Train Make-Up Instructions, you qualify for code IM.
NOTE: If you switch numerous engines around at a station, this qualifies as one work event.
NOTE: Scheduled engine work counts as a work event. Example: You have a work order to set-out the BNSF 6753 at Essex for a work train. Unscheduled engine work does not. Example: The DS calls your train via radio and instructs you to set-out an engine for another train that is stalled out account losing a unit.
4) Reverse movement within a yard to make a pickup or setout. Let’s say you are working Barstow to Needles. You pick-up your train in the R yard, pull down to the Local Yard and pick-up 1 car, pull train down into the Storage Yard, bring the power back to the Departure Yard and make a pick-up off D1 and add to your train in the Storage Yard before departing Barstow.
FOR A MORE THOROUGH UNDERSTANDING STUDY THE CONDUCTOR-ONLY AGREEMENT AND ASSOCIATED Q&As
LP – PENALTY LAPBACKS OR SIDETRIPS -- Article 28 of the Coastlines Schedule has been amended by trip-rates to an extent. If you are in service that is paid by a trip-rate, you can only claim the lap back miles if you run in excess of 7 miles.
When working Thru-Freight claim actual miles run or time consumed and add to your regular working ticket.
When working in Local Service, claim miles run or time consumed. If you run in excess of 7 miles in one direction, put in a special claim for 100 miles at Local Rate of Pay. (NOTE: Per Timekeeping, do not use SD on Special Claims)
MC – MISHANDLING CREW CALLING – Do not confuse this claim with BD Board Runaround. Examples of Mishandling would be 1) the administrative group assigned a junior man to a pool turn you had a bid on and you lost earnings as a result, 2) the crew caller laid you off for missing a call and didn’t try all of your phone numbers, 3) the crew caller didn’t let you place a bump to a position you could hold, etc., etc… Claim your lost earnings of the assignment and explain, listing all the particulars.
MR – MILEAGE REIMBURSEMENT -- If you are called on an outside assignment and transportation is not provided for you, you drive your car, claim the mileage with this code.
PO – CALL AND RELEASE (prior to on duty) – Use this code if released prior to going on duty and claim 16 miles.
TI – INCENTIVE PAY (CBT TRAINING) – Use this code if you complete your CBT Training requirement prior to the due date. Currently this pay amounts to $200.00.
05 – BEREAVEMENT LEAVE – You are allowed 3 days off when an immediate family member dies. You will be paid a basic day for each day you are off. Faxing proof of the death to timekeeping is part of your being paid. Immediate family members include brother, sister, half-brother, half-sister, parent, child, spouse or spouse’s parent. An employee will have the following options in deciding when to take bereavement leave:
a) Three consecutive calendar days, commencing with the day of death, when the death occurs prior to the time an employee is scheduled to report for duty;
b) Three consecutive calendar days, ending the day of the funeral service;
c) three consecutive calendar days, ending the day following the funeral service.
Bereavement Leave is not payable on assigned days off or vacation. For more information see Q&As for the 1978 agreement on the website. <utugo017.org>
73 – MISCELLANEOUS AGREEMENT VIOLATION -- If you can’t find a code that applies to your claim, use code 73.
76 – MAKE WHOLE ADJUSTMENT -- If you are used off your regular assignment and make less than your assignment made, claim code 76 to recover the difference in pay.
If you made more on the assignment you were used on, don’t bother claiming code 76.
81 – PERSONAL LEAVE DAY – Depending on your years of service, you are allowed a certain number of Personal Leave Days every year. Listed below are PLDs for Road Service.
Less than 5 years of service 2 days
Five years and less than 10 4 days
Ten years and less than 15 7 days
Fifteen years and less than 20 10 days
Twenty years or more 13 days
Use code 81 to claim current PLDs. If you have banked PLDs from previous years and you wish to claim same, use code CO.
NOTE: If your regular assignment is the Kingman Switcher, you fall under the Yard guidelines as far as PLDs are concerned. See Article 8 of the 1989 Crew Consist Agreement. PLDs for yard personnel (Kingman Switcher) are listed below. You must be the regular assigned crew member to qualify for the extra days.
Less than 5 years of service 11 days
Five years and less than 10 11 days
Ten years and less than 15 12 days
Fifteen years and less than 20 13 days
Twenty years or more 14 days
Leave Days may be accumulated up to a maximum of 60 days total. Note: Carryover days are paid at a reduced rate.
85 – JURY DUTY – If you are required to mark-off to attend Jury Duty you will be compensated for actual time lost. Keep all documentation as you will be required to fax proof to Timekeeping. Don’t abuse this one! There was a time when we received no compensation!
If you are on a regular assignment, use the earnings of the Extra Employee that filled your job.
If you are on the Combo Board, claim the days of Guarantee you missed. If you exceeded the guarantee, claim all lost time or trips missed, (what the employee behind you on the board made). List the employee, assignment, times, mileage, etc. Here again, timekeeping will probably balk! Save all supporting paperwork. If you must submit to your Local Chairman, attach supporting paperwork and a copy of your 816 to the decline prior to forwarding.
88 – ATTENDING COURT – If you are required to attend court or a Coroner’s inquest as a Company witness, claim your lost earnings. Article 30 Coast Lines Road Schedule
89 – ATTENDING FORMAL INVESTIGATION – If you are required to attend a formal investigation as a witness for the Carrier, claim your lost earnings. Article 30 Coast Lines Schedule
SAMPLE CLAIMS
AO – CALL AND RELEASE (after on duty) -- Claim 130 mile basic day at conductor freight rate of pay account performing service prior to release. On 101405 I was COD Needles 1425 hours to work Needles to Barstow on Z WSPLAC1 12B train. I checked current bulletins and correctness of watch. Reviewed train list and called Train Dispatcher for GTB. Needles Sub DS 12 released my crew 1435 hours and instructed us to ty-up.
AP – ACTIVATION PENALTY (PLANNER) -- Claim 130 mile basic day at conductor freight rate of pay account I was on Needles Active Board 40 in excess of 9 hours 30 minutes. On 101405 my assignment (NEE6327) was activated 1431 hours MST. I was not called-on-duty until 0031 hours 101505 on H BARDEN1 14A train. Total time spent on Active Board 40 9 hours 31 minutes. Make this claim account not used in a timely manner.
AT – ASSISTING OTHER TRAINS ENROUTE -- Claim 130 mile basic day at conductor freight rate of pay account assisting another train en route. On 100705, while working eastbound S LACCHI2 06B train, DS 12 contacted me 2240 hours via radio MP 647 and gave instructions to contact the Z WSPNBY9 05A train BNSF 7722, a westbound train, and assist them with an ETD problem. Stopped 2320 hours at the rear car of BNSF 7722 West (DTTX 457296) MP 622 and rearmed ETD 341758. Make this claim account performing service beyond the scope of my assignment.
BD – BOARD RUNAROUND -- Claiming one basic day account I was run around Needles Combo Extra Board. I hit the switch at 1000 hours on 010105 and tied up at 1015 hours. John Smith hit the switch at 1015 hours 010105 and tied up at 1020 hours. I was called at 1320 hours on 010205 for train Q LACNYC1 02A and John Smith was called at 1300 hours on train S LACCLO2 02B causing this board run around.
CT – CBT TRAINING – Claim the roundtrip earnings of my assignment NEE5365 account marked-off to take Computer Based Training on assigned day 090405. Claiming Trip-Rate Needles to Barstow 090405 and Trip-Rate Barstow to Needles 090505.
HO – HANGING ONTO SIDE OF CAR – Conductor JC Doe claims 25 miles account hanging onto side of rear car SFLC 274809 from MP 723.1 to MP 721 while backing up train on Main 1, DS 12 GTK authorizing.
IM -- CONDUCTOR ONLY MISHANDLING –
(1) 4 WORK EVENTS – Claim the one-way mileage of a brakeman had he been a member of the crew account performed 4 work events in Conductor-only service 102105 while working H DENBAR1 19A TRAIN Needles to Barstow. 1) Setout 21 cars at Needles to clic 5774, east car TTLX 387072, west car DDOX 455270. 2) Picked-up 4 cars at Needles off clic 5771, east car RBOX 4523, west car ATSF 17489. 3) Setout 1 car at Goffs to clic 6099, BNSF 839209. 4) Setout 14 cars at NEBO to clic 7411, east car ATSF 1352, west car ATSF 173298. DS-12 VLB authorizing
2) 3 WORK EVENTS AT THE INITIAL OR FINAL TERMINAL – Claim the one-way mileage of a brakeman had he been a member of the crew account performed 3 work events at the initial terminal while working H DENBAR1 19A train in Conductor-only service 102105. At Needles: 1) Picked-up 1 car off clic 5774 RBOX 223759. 2) Set-out 21 cars to clic 5778, east car ATSF 7537, west car ATSF 90028. 3) Picked-up 1 car off clic 5771, BNSF 223970. Trainmaster MA Collins authorizing
3) SWITCHING – Claim the one-way mileage of a brakeman had he been a member of the crew account performed switching while working H DENBAR1 19A train in Conductor-only service 102105. At Goffs station picked-up ATSF 498099 off clic 6099. This car was buried behind SFLC 877209. Cut-off engines in siding and coupled to SFLC 877209 in spur track clic 6099. Set ATSF 498099 to train in siding and placed SFLC 877209 back to clic 6099. DS-12 ADB authorizing
4) REVERSE MOVEMENT WITHIN A YARD TO MAKE A PICK-UP OR SET-OUT
Claim the one-way mileage of a brakeman had he been a member of the crew account required to make a reverse movement within a yard to make a pick-up while working
H BARDEN1 19A train in Conductor-only service 102105. Put power on train in Local yard and pulled through Storage track 7 to east end. Cut off power and ran through Storage track 6 to east end of Departure track 2 clic 1202. Coupled to 14 cars, east car ATSF 334970, west car ATSF 339780 and pulled through Storage 6, adding the 14 cars to our train on Storage 7. Trainmaster AB Smith authorizing
PO – CALL AND RELEASE (prior to on duty) – Claim 16 miles call and release. Called for Z WSPNBY1 07A train 100505 on-duty 1435 hours. Took call 1305 hours. Released from service 1405 hours by crew office.
76 – MAKE WHOLE ADJUSTMENT – Claim the difference in pay account used off my regular assignment. On 102305 I was used off my regular assignment Nee5327 to work RSWE2021 on-duty Kingman 0700 hours. My regular assignment was called to work Needles to Barstow 1420 hours 102305 on H DENBAR1 21A train. Return trip Barstow to Needles 102405 on-duty Barstow 1145 hours on S LACCHI1 23B train.
MISCELLANEOUS SCHEDULE VIOLAIONS
CLAIM FOR ROAD CREWS IN TURN-AROUND SERVICE REQUIRED TO DEPART INITIAL TERMINAL ON SUCCEEDING TRIP AFTER BEING ON DUTY 8 HOURS OR MORE – Code 73 – Claim 130 mile basic day at freight rate of pay account required to depart initial terminal on second turnaround trip after the expiration of 8 hours. COD Barstow 0800 hours 100105 to work short turn D BARBAR1 01 Barstow to Ash Hill and return. After completing trip to Ash Hill, arrived Barstow 1605 hours 100105. Contacted by High Tower Trainmaster Smith via radio and instructed to take power to Nebo and pick-up 20 cars off clic 7411. Depart Barstow lite power 1610 hours and arrive Nebo 1630 hours. Picked-up 20 cars, East car SLFC 394018 and West car ATSF 386746. Depart Nebo 1730 hours and arrive Barstow 1750 hours. Make this claim account violation of Article 2(g) of Coast Lines Road Schedule.
CLAIM FOR ROAD CREWS PERFORMING SWITCHING WHILE YARD CREW IS ON DUTY – Code 73 – Claim 100 mile basic day at yard rate of pay account required to perform switching while yard crew was on duty. On 100105 I was called to work
S LACCHI28 03 train Barstow to Needles. On-duty 1300 hours, put power on train and made air test. At 1415 hours the Bowl Tower Trainmaster AJA called via radio and instructed my crew to pick-up DTTX 382910 off clic 1104 and add to train on clic 1103.
Cut-off power and coupled to TTX 283947 in 1104 and placed DTTX 382910 to train. Placed TTX 283947 back to 1104 and power back to train. Make this claim account pickup was not a straight pick-up. APPENDIX (A) Coast Lines Road Schedule NOTE: In addition to this claim, submit a claim for Code IM account Conductor-Only violation.
CLAIM FOR MULTIPLE DOG CATCHES OR MULTIPLE SHORT TURNS OUT OF THE AWAY-FROM-HOME TERMINAL – Code 73 – Claim 130 mile basic day account on 100105 after completing the dogcatch trip of train (symbol) at (location) I was instructed by Barstow High Tower Trainmaster AJA at (time) to make a second trip by dogcatching train (symbol) at (location). Reference working ticket (ticket number for relief work). Make this claim account violation of Article 10(h) and (j) of Coast Lines Road Schedule. Note: This claim is good when rested crews are available at the AFHT, make this fact know on your Claim i.e., Conductor Smith NEE5327 was rested and available for service having tied-up Barstow xxxx hours (date). On your working ticket be sure and document all trips made with all the information. Should this be declined and you have run the course with timekeeping, attach a copy of the working ticket to the decline and forward to your Local Chairman. Here we go with the documentation thing!
CLAIM FOR A BASIC DAY SHOULD THE CREW OFFICE REFUSE TO GENERATE A TICKET SHOULD YOU DEADHEAD HOME AFTER PERFORMING TURNAROUND SERVICE – Code 73 – Claim 130 mile basic day at freight rate of pay account crew office would not generate a separate ticket for the trip home after completing Turnaround Service at the away-from-home terminal. Reference Article 2(i) of the Coast Lines Road Schedule. After completing trip on turn D BARBAR1 01a Barstow to Ash Hill and return 100105, I was deadheaded home to Needles. I called Crew Tech and requested a ticket for the Trip-Rate home and was denied. Make this claim account violation of schedule rules. Reference working ticket (insert ticket number). Note: Document all work performed on working ticket. Should you be declined and you have exhausted all avenues with Timekeeping, attach documented working ticket to decline and forward to Local Chairman.
CLAIM FOR NEEDLES DISTRICT (BOARD 31) POOL CREWS USED TO DOGCATCH LONG POOL TRAINS EASTBOUND BETWEEN BARSTOW AND NEEDLES – Code 73 – Claim 130 mile basic day at freight rate of pay account used in relief service to work DOL Long Pool train eastbound between Barstow and Needles. Make this claim account violation of Long Pool Agreement and performing service outside the scope of my assignment. On 100105 I was COD Needles 1400 hours to dogcatch eastbound Long Pool train Z SBDALT1 01A train. Depart Needles 1410 hours, arrive MP 635 1500 hours. Relieved Conductor Smith, departed MP 635 1510 hours and arrive Needles 1630 hours, 1650 ty-up.
CLAIM FOR FIRST-OUT COMBO EMPLOYEE NOT USED FOR RELIEF SERVICE OF LONG POOL TRAIN EASTBOUND BETWEEN BARSTOW AND NEEDLES –
Code MC – Claim the earnings of Conductor Jones NEE5328, code MC (mishandling crew calling) 100105 account not used in relief service to dogcatch eastbound Long Pool train between Barstow and Needles. I was first out, rested and available for service on Needles Combo Board and should have been used for this assignment. Make this claim account violation of Needles/San Bernardino Run-Thru Agreement. On 100105 Conductor Jones was COD Needles 1400 hours to dogcatch eastbound Long Pool train
Z SBDALT1 01A train. Conductor Jones arrived MP 635 1500 hours and relieved DOL Conductor Smith. Depart MP 635 1510 hours, arrive Needles 1630 hours, 1650 ty-up.
Reference Conductor Jones ticket NS6399 of 100105. I was called to service later, 1435 hours 100105 to work S CHILGB28 02A TRAIN. NOTE: If you have exhausted all avenues, attach a copy of Jones working ticket along with a copy of your working ticket to your decline and forward to your Local Chairman for further handling.
CLAIM FOR BASIC DAY ACCOUNT PERFORMING SERVICE OUTSIDE THE SCOPE OF YOUR ASSIGNMENT – Code 73 – Barstow Bowl instructs you to line switches or derails for another crew that is setting out a bad order car. Give all particulars. 130 miles at freight rate of pay.
As of this writing, we have some creative supervisors in Barstow yard. Be aware of the fact that if you are instructed to perform service outside that of your assignment, claim a 100 mile Yard Day at Foreman rate of pay. Currently, this amounts to $179.26. In addition to submitting a Special Claim, write-up all the particulars and forward this information to Local Chairman Medley in a timely manner. In many instances a penalty claim is due Yard personnel and or Mechanical forces. We need this information as soon as possible so the proper Union representatives can be notified with all the particulars. Your assistance with documentation and timely notification is essential.
rest must be counted as time on duty under the law, regardless of their
duration.
The term ``designated terminal'' means a terminal (1) which is
designated in or under a collective bargaining agreement as the ``home'' or ``away-from-home'' terminal for a particular crew assignment and (2) which has suitable facilities for food and lodging. Carrier and union representatives may agree to establish additional designated terminals having such facilities as points of effective release under the Act. Agreements to designate additional terminals for purposes of release under the Act should be reduced to writing and should make reference to the particular assignments affected and to the Hours of Service Act. The following are common situations illustrating the designated terminal concept:
Deadheading. Under the Act time spent in deadhead transportation
receives special treatment. Time spent in deadhead transportation to a
duty assignment by a train or engine service employee is considered on-
duty time. Time spent in deadhead transportation from the final duty
assignment of the work tour to the point of final release is not
computed as either time on duty or time off duty. Thus, the period of
deadhead transportation to point of final release may not be included in the required 8- or 10-hour off-duty period. Time spent in deadhead
transportation to a duty assignment is calculated from the time the
employee reports for deadhead until he reaches his duty assignment.
All time spent awaiting the arrival of a deadhead vehicle for
transportation from the final duty assignment of the work tour to the
point of final release is considered limbo time, i.e., neither time on
duty nor time off duty, provided that the employee is given no specific
responsibilities to perform during this time. However, if an employee is required to perform service of any kind during that period (e.g.,
protecting the train against vandalism, observing passing trains for any defects or unsafe conditions, flagging, shutting down locomotives,
checking fluid levels, or communicating train consist information via
radio), he or she will be considered as on duty until all such service
is completed. Of course, where a railroad carrier's operating rules
clearly relieve the employee of all duties during the waiting period and no duties are specifically assigned, the waiting time is not computed as either time on duty or time off duty.
Transit time from the employee's residence to his regular reporting
point is not considered deadhead time.
If an employee utilizes personal automobile transportation to a
point of duty assignment other than the regular reporting point in lieu
of deadhead transportation provided by the carrier, such actual travel
time is considered as deadheading time. However, if the actual travel
time from his home to the point of duty assignment exceeds a reasonable
travel time from the regular reporting point to the point of duty
assignment, then only the latter period is counted. Of course, actual
travel time must be reasonable and must not include diversions for
personal reasons.
Example: Employee A receives an assignment from an ``extra board''
located at his home terminal to protect a job one hour's drive from the
home terminal. In lieu of transporting the employee by carrier
conveyance, the railroad pays the employee a fixed amount to provide his own transportation to and from the outlying point. The employee is
permitted to go directly from his home to the outlying point, a drive
which takes 40 minutes. The normal driving time between his regular re-
porting point at his home terminal and the outlying point is 60 minutes. The actual driving time, 40 minutes is considered deadhead time and is counted as time on duty under the Act.
Employee A performs local switching service at the outlying point.
When the employee returns from the outlying point that evening, and
receives an ``arbitrary'' payment for his making the return trip by
private automobile, 40 minutes of his time in transportation home is
considered deadheading to point of final release and is not counted as
either time on duty or time off duty.
Wreck and relief trains. Prior to the 1976 amendments, crews of
wreck and relief trains were exempted entirely from the limitations on
hours of service. Under present law that is no longer the case. The crew of a wreck or relief train may be permitted to be on duty for not to exceed 4 additional hours in any period of 24 consecutive hours whenever an actual emergency exists and the work of the crew is related to that emergency. Thus, a crew could work up to 16 hours, rather than 12. The Act specifies that an emergency ceases to exist for purposes of this provision when the track is cleared and the line is open for traffic. An ``emergency'' for purposes of wreck or relief service may be a less extraordinary or catastrophic event than an ``unavoidable accident or Act of God'' under section 5(d) of the Act.
Example: The crew of a wreck train is dispatched to clear the site
of a derailment which has just occurred on a main line. The wreck crew
re-rails or clears the last car and the maintenance of way department
releases the track to the operating department 14 hours and 30 minutes
into the duty tour. Since the line is not clear until the wreck train is itself out of the way, the crew may operate the wreck train to its
terminal, provided this can be accomplished within the total of 16 hours on duty.
Emergencies. The Act contains no general exception using the term
``emergency'' with respect to train or engine service or related work.
See ``casualties,'' etc., under ``General Provisions''.
Casualties, Unavoidable Accidents, Acts of God. Section 5(d) of the
Act states the following: ``The provisions of this Act shall not apply
in any case of casualty or unavoidable accident or the Act of God; nor
where the delay was the result of a cause not known to the carrier or
its officer or agent in charge of the employee at the time said employee left a terminal, and which could not have been foreseen.'' This passage is commonly referred to as the ``emergency provision''. Judicial construction of this sentence has limited the relief which it grants to situations which are truly unusual and exceptional. The courts have recognized that delays and operational difficulties are common in the industry and must be regarded as entirely foreseeable; otherwise, the Act will provide no protection whatsoever. Common operational difficulties which do not provide relief from the Act include, but are not limited to, broken draw bars, locomotive mal- functions, equipment failures, brake system failures, hot boxes,unex- pected switching, doubling hills and meeting trains. Nor does the need to clear a main line or cut a crossing justify disregard of the limi- tations of the Act. Such contingencies must normally be anticipated and met within the 12 hours. Even where an extraordinary event or combination of events occurs which, by itself, would be sufficient to permit excess service, the carrier must still employ due diligence to avoid or limit such excess service. The burden of proof rests with the carrier to establish that excess service could not have been avoided.