Remember the burden of proof falls on YOU the Claimant. The claim is only as good as the evidence provided and the timeliness in which it is filed.
Shoving Claim:
Per IGN Agreement Settlement of claims of EOT’s and shoving without a caboose.Letter of Settlement, February 15, 1995.Claiming 2 hours for being instructed by (Title and Name) to ride car (Int. and #) while shoving in excess of one (1) mile from MP ______to MP _______ on Main Track _____ Sub.
(Keep train list showing car numbers of cars that you were riding.)
EOT Claim:
Per IGN Agreement Settlement of claims of EOT’s and shoving without a caboose. Letter of Settlement, February 15, 1995.Claiming 2hrs. for being instructed by (Name and Title) to (place or remove) EOT #_________ on or off car (int. and #) at (time), Carman (Name)was on duty, readily available and located at (location, Yard office, shanty, track #, etc...) to handle EOT.
Road Extra Board Federal Rest:
Without prejudice to the Organization’s position for which may be a “major” dispute under the Railway Labor Act, claim extra board guarantee payment for the period of time from (Time, MM/DD/YY) to (Time, MM/DD/YY) due to being withheld from service to obtain the required rest in compliance with RSIA Hours of Service reforms. (IGN Memorandum of Agreement October 3, 1996, Guaranteed Combination Extra Boards (Combo) and Supplemental Extra Boards Article 1, Sections K (1) and (2)
When employee tried to layoff to break 6-day cycle but was denied add the following to the above:
In addition, on (Time, MM/DD/YY) I attempted to layoff (LP, PL, LV, FD, etc.) in order to break the 6-day cycle under the RSIA. This request was denied by CMS caller/manager (Name/Position).
Note: If a member attempts layoff in order to break the 6-day cycle, he or she should so state to the caller when they try to layoff.
Bonus Day:
Without prejudice to the Organization’s position for which may be a “major” dispute under the Railway Labor Act, claim extra board bonus day for (1stor 2ndHalf) of (Month) due to being withheld from service to obtain required rest in compliance with RSIA Hours of Service reforms. (Memorandum of Agreement October 3, 1996, Guaranteed Combination Extra Boards (Combo) and Supplemental Extra Boards Article 1, Sections G Sub Section 4(b))
When employee tried to layoff “Free Day” to break the 6-day cycle but was denied add the following to the above:
In addition, on (Time, MM/DD/YY) I attempted to layoff Free Day in order to break the 6-day cycle under the RSIA. This request was denied by CMS caller/manager (Name and/or Position). (Article 1Sections G Sub Section 4 (a))
Extra TSE:
Claiming 100 miles at TSE rate account on (date and time) called on duty to work a make-up or extra TSE (Job #). Extra TSE’s are not allowed on the Houston Hub. Per IGN agreement memorandum May 9, 1995, Section 1 Page 4, TSE’s will be bulletined with regular set start time.
(now state your facts for example:)
1.Regular (job #) starts at (time) and had # of hours left to work.
2.Was called for (Job #) and this TSE is not even a regular TSE assignment.
Note: The most important thing we can do is follow up on this. Sure they will deny this claim but turn it into your local chairman. We need to process these claims to put a stop to this.
Forced to Work Yard Assignment:
Without prejudice to the organization’s position that what is involved may be a “major” dispute under the Railway Labor Act. Claiming 100 miles at yard rate account regular assigned conductor on (Road Extra board ID) and forced by CMS to protect Yard Assignment (Job ID). This is in violation of current agreements.
Excessive Moves:
(This claim may be used in any road service for the entire tour of duty)
Per Article 1 Section 2 (b) of the August 6, 1993 Crew Consist Agreement claim the following moves while working the (Job ID) on (Date/Time). Following moves made during tour of duty are: (setout/pickup) (# of cars) (car # thru car #) in (yard) (track) at (time).
Note #1: State each following move by example above until all moves are entered.
Claiming ______ moves in excess of (3) at 1 hour each for a total of ______ hours.
Note #2: All moves must be entered including the first (3) legal moves. Per each tour of duty regardless of amount trains handled, a trainman can make a combination of (3) setouts and or pickups at each initial, final, and intermediate terminal. You can collect 1 hour for each additional move over (3).
6 –7 Day Assignments:
Without prejudice to the organization’s position for which may be a “major” dispute under the Railway Labor Act, claim lost earnings of my regular assignment as a Conductor/Brakeman on (Job ID) on duty at (Time/ MM/DD/YY) with Conductor/Brakeman (Name), due to being withheld from service account obtaining required rest in compliance with RSIA Hours of Service Reforms. (IGN Memorandum of Agreement May 9, 1995 Traveling Switcher Assignments –TSE Section (6)).
30 Hour Limbo Cap:
Without prejudice to the Organization for which may be a ‘major” dispute under the Railway Labor Act, claiming all lost earnings of my regular assignment (Board), (Turn, Job#), on (Time, MM/DD/YY) was laid off by CMS in (___STATUS), and withheld from service due to the RSIA mandated 30-hour limbo cap. At the time of layoff I had a total of (HOURS) limbo time for the calendar month and was rested and available to work my regular assignment.
276 Hour Cap:
Without prejudice to the Organization’s position for which may be a “major” dispute under the Railway Labor Act, claiming all lost earnings of my regular assignment (Board), (Turn, Job#), on (Time, MM/DD/YY) was laid off by CMS in (____ STATUS), and withheld from service due to the RSIA mandated 276 hour per month cap. At the time of layoff I had a total of (hours) for the calendar month and was rested and available to work my regular assignment.
All regular Assigned TSE’s (Not rested for job):
Without prejudice to the Organizations position for which may be a “major” dispute under the Railway Labor Act, claim earnings of my regular assignment as a Conductor/Brakeman on (Job ID) on duty at (Time, MM/DD/YY) with Conductor/Brakeman (Name), account of not being rested because of exceeding 12 hours on duty and obtaining additional required rest in compliance with RSIA Hours of Service reforms (IGN Memorandum of Agreement May 9, 1995 Travelling Switcher Assignments –TSE Section (1) (Q & A 2) & Section (6)
Yard to Yard Transfer Movements:
Claiming 100 miles account working ________ TSE and/or Short Pool (Whichever applies). Was instructed by ________ to take a cut of cars from Track ___ at _________ yard and deliver to Track __ at _____ yard. THIS IS A YARD TO YARD TRANSFER MOVEMENT WITHIN THE TERMINAL OF HOUSTON. These cars were neither billed nor destined to depart the terminal.
Holding TSE’s for Rested Employees beyond 1 Hour:
Note: The following claim should be submitted for each day the employee’s start time is moved in excess of one (1) hour without the job being re-bulletined and everyday thereafter.
Claiming 100 miles account working (Job ID) TSE with a regularly bulletined start time off (start time). On (MM/DD/YY) I was instructed to show up at (time) by (Name / Title). Job was not re-bulletined per Section 1 Page 5 of the IGN Agreement.
Pool Freight Federal Rest:
Without prejudice to the Organization for which may be a “major” dispute under the Railway Labor Act, claim earnings of my regular assignment as a conductor (pool turn ID) on duty at (Time, MM/DD/YY) with extra conductor (Name) due to being withheld from service account obtaining required rest in compliance with RSIA Hours of Service reforms.
DH Overtime Claim:
Allow ________________ hours at overtime rate account was docked my overtime pay for a continuous trip on duty of _____________ hours. I was called on duty at ____________ for the _____________ and tied up at ______________. Was paid all Deadhead time at straight rate of pay but was not allowed rest after Deadheading prior to and after completing the service trip.
Employee’s Right To Perform Service:
Please allow 100 miles at the (TSE/Yard/Local/Thru freight) rate of pay account manager on duty (name of manager) was performing trainmen’s duties. The manager was performing the following duties:
(give example of duties performed, i.e. lined switches 6, 7, 8, protected the shove of (job/train ID), made a joint for (job/train ID) on (date) at (time). This is a violation of IGN agreement, pg 116, Article 4 “Right to perform service by employees in craft”.
Bumped Not Notified:
Please allow all lost time on (job ID) account of being bumped by (name of employee) and not being properly notified by carrier (CMS). I showed up to protect my regularly assigned job (job ID) and noticed that I had been bumped by (name) on (date and time).