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"COVID- 19" CLAIM
CLAIMING 100 MILE PENALTY ON (DATE) ACCOUNT OF BEING WITHHELD FROM SERVICE THROUGH NO FAULT OF MY OWN. I WAS PLACED INTO QUARANTINE BY THE OMAHA OHN AFTER AN EMPLOYEE SELF REPORTED HIS/HER SYMPTOMS. I WAS IN CLOSE CONTACT WITH THE EMPLOYEE AND SO THE SERVICE UNIT HELD ME OUT OF SERVICE AS A PRECAUTION TO THE "COVID-19" PANDEMIC. ***ADD NAME OF NURSE OR MANAGER IF AVAILABLE****
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SHOVING CLAIM
PER IGN AGREEMENT, SETTLEMENT OF CLAIMS FOR EOTs AND SHOVING WITHOUT A CABOOSE. LETTER OF SETTLEMENT. FEB. 15TH, 1995. CLAIMING 2 HOURS PENALTY FOR BEING INSTRUCTED BY (TITLE AND NAME) TO RIDE CAR (INT. AND #) WHILE SHOVING IN EXCESS OF ONE MILE FROM MP__ TO MP___ ON MAIN TRACK __________ SUB.
EOT CLAIM
CLAIMING ONE BASIC DAY FOR VIOLATION OF MAKING A WALKING AIR TEST ON OUTBOUND TRAIN NOT IN CONNECTION WITH MY OWN ASSIGNMENT. ON ___DATE___ MANAGER ____NAME_________ INSTRUCTED MY JOB, THE _____JOB______ TO COMPLETE A WALKING AIR TEST ON OUTBOUND TRAIN ________TRAIN ID________. HEAD CAR NUMBER WAS ___________________ AND THE REAR CAR NUMBER WAS ________________. THIS DOES NOT FALL UNDER THE REQUIREMENTS OF IGN PAGE 35, SECTION 3 – INCIDENTAL WORK, ITEM (7). THIS CLEARLY INFRINGES ON THE WORK RIGHTS OF ANOTHER CRAFT AS ESTABLISHED ON ANY RAILROAD.
CHANGING KNUCKLES AND KNUCKLE PINS CLAIMING 100 MILE PENALTY CLAIM ACCOUNT OF BEING REQUIRED TO INFRINGING UPON ANOTHER CRAFT’S DUTIES. THIS CLAIM IS BASED ON PAGE 35, SECTION 3, AND PAGE 36 SIDE LETTER #9, OF THE HOUSTON HUB UP IGN AGREEMENT. ON (DATE) I WAS WORKING ON (JOB ID). AT (TIME) I WAS REQUIRED TO REPLACE A KNUCLE IN ON (CAR ID) IN (YARD), (TRACK #) WHEN (YARDMASTER NAME, MANAGER NAME) INSTRUCTED THE WORK TO BE PERFORMED AND CARMAN (NAME) WAS READILY AVAILABLE TO PERFORM DUTIES PRESCRIBED TO HIS CRAFT AND AGREEMENT. CHANGING KNUCKLES AND KNUCKLE PINS ARE NOT OUTLINED IN THE ACTIVITES OF INCIDENTIAL WORK ON PAGE 35.
CLAIM FOR DIFFERENCE IN PAY DUE TO CMS MISHANDLING Claiming the difference in pay account CMS mishandling on (Date). On (Date) I should have worked (Job ID) as the (Position), and through no fault of my own I was denied the opportunity to work the (Job ID). I was placed on the (Job ID you worked) as the (Position you worked). (Job ID you should have worked) was my (Bid Position) bid, and (Job ID you worked) was my (Bid Position) bid. The job was held by (Junior Employee’s name) and I am claiming the difference in pay for that position.
Claiming HTF rate of pay for (DATE) while working the YEW63 Foreman position account of being required per Yardmaster (NAME) to hump cars at the Englewood crest. This is in connection with Hump Trim Foreman duties and the applicable arbitrary rate is provided in Side Letter #1 dated June 1, 2009. ( Please add information such as how many cars were humped, and approximate time duties were performed,)
(1) Claiming a basic day’s guarantee, account improper deduction in pay due to being called outside of the agreed upon yard calling times outlined on page 286 of the IGN agreement. It is stated that yardmen will not be required to make themselves available for call except between the hours of 0430 A.M. And 0630 A.M., 1230 P.M. And 1430 P.M., and 2030 P.M. and 2230 P.M. CMS attempted to contact me on (date) at (time) a full (Minutes) past calling time, and I was improperly penalized by this violation.
(2) Claiming 100 mile penalty claim for agreement violation account being required, by the carrier, to make myself available, by their own policy, in violation of page 286 of the IGN agreement. It is stated that yardmen will not be required to make themselves available for call except between the hours of 0430 A.M. And 0630 A.M., 1230 P.M. And 1430 P.M., and 2030 P.M. and 2230 P.M. CMS attempted to contact me on (date) at (time) a full (Minutes) past calling time, and I was improperly penalized by this violation.
Only if employee has not laid off for the entire half in which violation has occurred. (Even if you busted guarantee but not paid free day)
(3) Claiming one free day account improper deduction in pay due to being called outside of the agreed upon yard calling times outlined on page 286 of the IGN agreement. It is stated that yardmen will not be required to make themselves available for call except between the hours of 0430 A.M. And 0630 A.M., 1230 P.M. And 1430 P.M., and 2030 P.M. and 2230 P.M. CMS attempted to contact me on (date) at (time) a full (Minutes) past calling time, and I was improperly penalized by this violation.
(If you busted guarantee, took your free day, and was not affected, claim is not valid.)
CLAIM FOR IMPROPERLY BULLETINEDJOB/ 24 HOUR RE-BULLETIN Claiming 100 mile penalty for (DATE) due to the job I was assigned to not being properly bulletined to reflect the working conditions of the assignment. On (DATE) I was assigned to the (JOB ID) a regularly bulletined remote job. I was assigned an Engineer due to not having remote power available to use in lieu of. The carrier was made aware of the lack of remote power on (DATE) which gave the carrier 24 hours to re-bulletin the job as a conventional yard position. This agreement is based on page 285, Section 4; paragraph B. This article states that 24 hours notice of change in assignments or working conditions will be given by the railroad so as to enable yardmen to exercise their seniority rights. My Engineer was (Engineer’s Name), had I been given prior notice I would have altered my bids so as to work my intended assignment, a remote operator position.
Attention; after the first day the railroad has been made aware of the issue, and the job remains bulletined as a remote, we may claim this until the job is re-bulletined or remote power is made available.
CLAIM FOR OUTSIDE DESIGNATED YARD STARTING TIME CLAIMING 100 MILE PENALTY CLAIM ACCOUNT BEING REQUIRED TO WORK (JOB ID & DATE) OUTSIDE DESIGNATED YARD START TIME. ON (DATE) I WAS REQUIRED TO WORK THE (JOB ID) ON DUTY AT (START TIME). PER IGN AGREEMENT PAGE 286 SECTION 5 THE DESIGNATED YARD START TIMES, WHERE THREE EIGHT(8) HOUR SHIFTS ARE WORKED IN CONTINUOUS SERVICE, ARE AS FOLLOWS; 0630 & 0800 1ST SHIFT, 1430 & 1600 2ND SHIFT, 2230 & MIDNIGHT 3RD SHIFT. MY JOB START TIME WAS OUTSIDE THESE AGREED START TIMES LISTED ABOVE; THANK YOU FOR YOUR ASSISTANCE IN THIS MATTER.
NOTE: YOU MUST CLAIM THIS UNDER A NON-SERVICE TIME CLAIM AS CMS MISHANDLING.
CLAIMING 100 MILES ON (DATE) FOR ROAD/YARD VIOLATION FOR TAKING (TRAIN ID & DATE) FROM (STARTING LOCATION AND MILE POST) TO (END LOCATION AND MILE POST) ON THE (SUBDIVION) SUB. (JOB ID & DATE) WAS INSTRUCTED BY YARDMASTER(NAME) AND TERMINAL TRAIN DISPATCHER(NUMBER OR NAME)TO HAUL(TRAIN ID) TO (END LOCATION) TO STAGE FOR OUTBOUND CREW. LEFT TERMINAL SWITCHING LIMITS @ (TIME) AND RETURNED @ (TIME). HEAD UNIT WAS THE (UNIT NUMBER) AND REAR CAR WAS (CAR ID), RAILROAD ADJUSTMENT BOARD AWARD NO.25145 DOCKET NO. 448-00-1-99-1-U-2077.
CLAIM FOR REGULAR ASSIGNMENT REQUIREMENT Claiming one basic days pay account of Extra Job being called where IGN requirements have been met to bulletin the job as a regular assignment. On (Date) CMS was instructed to call the Extra Job (I.D.) on duty at Englewood Yard @ (Time). This job has been called in excess and on this day is within the requirements outlined on Page 325 Article 40 to be bulletined for regular assignment.
Claiming one basic days pay account of Extra Job being called where IGN requirements have been met to bulletin the job as a regular assignment. On (Date) CMS was instructed to call the GEHPHP on duty at Galena park @ (Time). This job has been called in excess and on this day is within the requirements outlined on Page 325 Article 40 to be bulletined for regular assignment.
Claiming 100 mile penalty account being forced on the LS372 XS01 (overflow) board on (DATE). This claim is based on page 310 and page 282 of the IGN. Reference page 310 for guidelines of how regular switchmen are to be handled when not being awarded their daily preference bids, and page 282 for the corresponding 5 day work week agreement.
Members, I have received several inquiries about yard meals being declined on job ID’s YER62 and YGP60 in the past few weeks. I have discussed the issue with SMTO Mike Dugger who has assured me that yard meals for these jobs will be paid pursuant to required information being submitted. The practice of simply putting no meals taken for entire tour of duty on the comments screen will lead to a declination and subsequent delay in arbitrary payments. Please give a brief description of work activities that were being performed during time your meals were required. Example; I spoke to (yardmaster, manager, etc. at time) “No meals taken for entire tour of duty account being required by Englewood yardmaster to yard train in South 14 and hostle power to South 7 for air test and departure. Also no meals taken account awaiting signal for departure @ CPST000.”
Always, Always, Always include the manager’s name who instructed you to work through your meals, and the time they told you to work through them, if you do not leave the yard. Members please add any additional information that pertains to the issue. .
THIS WOULD BE DEFINED AS COMINGLING OF CREWS AND A VIOLATION OF THE AGREEMENT. THE CARRIER HAS THE OPPORTUNITY TO PUT HELPERS ON THESE JOBS. FILE A CLAIM AS DEFINED ON PAGE 281, SECTION 3, WHICH STATES IN PERTINENT PART: It is understood there will be no co-mingling of crews in connection with switching on the lead.
IF INSTRUCTED TO DO THIS WORK, DETAIL THE INFORMATION OUTLINING WHO INSTRUCTED TO DO THIS WORK. WE NEED DETAILED INFORMATION OUTLINING WHO INSTRUCTED THE CREW TO PERFORM THE WORK AND REASONS FOR DOING SO. CERTAINLY FOLLOW INSTRUCTIONS AND FOLLOW UP WITH FILING A CLAIM FOR THE VIOLATION.
If you should encounter comingling with a road job the claim would be 130 miles, not 100 miles.
CLAIMING 100 MILE PENALTY CLAIM ACCOUNT CMS FAILED TO FOLLOW ARTICLE 6, FILLING
VACANCIES, MERGED AND AMENDED AGREEMENTS, PAGE 290. ON MM/DD/YYYY CMS STEPPED ME UP TO A (FBY/FOR/CON) POSITION AND FILLED MY REGULAR ASSIGNMENT THE (JOB ID-POSITION) WITH EXTRA EMPLOYEE (EXTRA EMPLOYEE NAME), (EID # IF KNOWN), QUALIFIED (FBY/FOR/CON) FROM THE (CIRC-7 BOARD).
Claim for Improper deduction in guarantee due to being called outside of call time. (Claim both these claims when violation occurs, only claim Paragraph 3 if you have not laid off the entire half.)
(1) Claiming a basic day’s guarantee, account improper deduction in pay due to being called outside of the agreed upon yard calling times outlined on page 286 of the IGN agreement. It is stated that yardmen will not be required to make themselves available for call except between the hours of 0430 A.M. And 0630 A.M., 1230 P.M. And 1430 P.M., and 2030 P.M. and 2230 P.M. CMS attempted to contact me on (date) at (time) a full (Minutes) past calling time, and I was improperly penalized by this violation.
(2) Claiming 100 mile penalty claim for agreement violation account being required, by the carrier, to make myself available, by their own policy, in violation of page 286 of the IGN agreement. It is stated that yardmen will not be required to make themselves available for call except between the hours of 0430 A.M. And 0630 A.M., 1230 P.M. And 1430 P.M., and 2030 P.M. and 2230 P.M. CMS attempted to contact me on (date) at (time) a full (Minutes) past calling time, and I was improperly penalized by this violation.
Only if employee has not laid off for the entire half in which violation has occurred. (Even if you busted guarantee but not paid free day)
(3) Claiming one free day account improper deduction in pay due to being called outside of the agreed upon yard calling times outlined on page 286 of the IGN agreement. It is stated that yardmen will not be required to make themselves available for call except between the hours of 0430 A.M. And 0630 A.M., 1230 P.M. And 1430 P.M., and 2030 P.M. and 2230 P.M. CMS attempted to contact me on (date) at (time) a full (Minutes) past calling time, and I was improperly penalized by this violation.
(If you busted guarantee, took your free day, and was not affected, claim is not valid.)
Any questions on this matter please contact 2nd Vice Local Chairman Nick Stone @832-766-3637
We must claim this violation in order to protect our yard agreement, Labor Relations has taken the position that 100% guarantee is for 100% availability; this is not the intent of the agreement. This claim will be appealed and processed to the furthest extent.
Attend your local meetings for progress updates on any appeals you have processed. I update the local on all appeals and communications every month, and provide accounts of all appeals to the local.
Members please add any additional information that pertains to the issue. We MUST report this issue on the safety hotline to provide documentation of the issue. Also if you have a stand-alone camera, please take photographic evidence of the drainage problem.
IMPROPER HANDLING DAILY PREFERENCE CLAIMING LOST EARNINGS OF (JOB ID) ON (DATE) ACCOUNT BEING IMPROPERLAY HANDLED BY CREW MANAGEMENT WHILE WORKING THE LS372 DP01 BOARD. ON (DATE) I WAS NOT ASSIGNED A JOB FOR THE SHIFT I WAS RESTED AND READILY AVAILABLE TO WORK. ON (DATE) THE (JOB ID) (POSITION) WAS NOT ASSIGNED AND WAS THE FIRST JOB I WOULD HAVE BEEN RESTED TO BE ASSIGNED. THIS CLAIM IS BASED ON PAGE 310, IN WHICH IS OUTLINED THE PROPER HANDLING OF SWITCHMEN ON THE ASSIGNED BOARD I WAS WORKING.
Instructions to allow Local Chairman access to your pay screen Attention Members of UTU Local 1892
You must follow these instructions in order to allow me to look at your pay screen and assist you in resolving any pay disputes with the carrier.
LS372 DP01 INVESTIGATION PENDING CLAIM Claiming Lost earnings account being withheld from service pending investigation per (MANAGER NAME) between (Start Date) and (End Date). I have the job and positions for each Date listed below in order of the job and position I would have worked had I not been withheld from duty for Investigation in which I was cleared of all charges and restored to service in good standings.
(Date)- (Job ID) (position) (Date)-(Job ID) (position) (Date)-(Job ID) (position)
(Date)- (Job ID) (position) (Date)-(Job ID) (position) (Date)-(Job ID) (position)
(Date)- (Job ID) (position) (Date)-(Job ID) (position) (Date)- (Job ID) (position)
(Date)- (Job ID) (position)
You can put multiple dates on one claim, as long as your Date range is all within one half, if you were held out of service for multiple pay periods you must create separate time claims to represent each half you were withheld from service. If you would have worked more than 10 starts within that half you may list those dates and the job with position you would have held in one time claim respectively.
LS372 XS02 INVESTIGATION PENDING CLAIM
Claiming extra board switchman rate of pay account being withheld from service pending investigation per DRO Jason Jenkins between (Start Date) and (End Date). I would have been ready and available for work on the above listed dates and through no fault of my own was withheld from availability for investigation of which I have been returned to service in good standings with all charges dismissed.
If you were withheld from service for multiple pay periods you must submit a claim for each pay periods guarantee in order to be paid that half.
LS372 DP01 NOT MARKED BY 3AM CLAIMING 100 MILE PENALTY CLAIM ACCOUNT CMS DID NOT COMPLY WITH THE REQUIRED 3:00AM BOARD MARK TIME ON DAY, MM/DD/YYYY. REFERENCE CARRIER FILE NOS: VARIOUS, UTU DOCKET: 1075, DATED AUGUST 4, 2003. AT THIS TIME MY ASSIGNED REST DAYS WERE ________________.
(WHEN GAURANTEE IS NOT MET)
“YOU MUST ONLY CLAIM THIS IF YOU HAVE NOT MET OR BUSTED GUARANTEE, AND HAD YOUR GUARANTEE ADJUSTED OR REDUCED TO BEING IN FEDERAL REST.”
CLAIMING TWO DAYS AT SWITCHMAN’S GUARANTEE RATE ON (DATES) ON ACCOUNT OF BEING PLACED IN FEDERAL REST, BY NO FAULT OF MY OWN, IN ACCORDANCE WITH FEDERAL REGULATIONS. I HAVE MADE MYSELF AVAILABLE FOR WORK FOR THE 6 DAYS PRIOR TO BEING PLACED IN FR STATUS AS OUTLINED IN THE UNION PACIFIC ATTENDANCE POLICY AND WAS UNJUSTLY PENALIZED AS A RESULT.
NOT PROPERLY FILLING VACANCIES CLAIMING 100 MILE PENALTY CLAIM ACCOUNT CMS FAILED TO FOLLOW IGN ARTICLE 6, FILLING VACANCIES, MERGED AND AMENDED AGREEMENTS, PAGE 290. ON MM/DD/YYYY CMS STEPPED ME UP TO A FBY POSITION AND FILLED MY REGULAR ASSIGNMENT THE (JOB ID-SW1) WITH EXTRA EMPLOYEE (NAME), (EID 0000000 IF YOU KNOW IT), QUALIFIED FBY FROM THE (CIRC-7) (BOARD).
IF YOU WERE ASSIGNED TO THE LS372 DP01 WITH GOOD FRIDAY, MARCH 25, 2016 AN ASSIGNED WORK DAY, PLEASE CLAIM THE FOLLOWING PENALTY…
CLAIMING 100 MILE PENALTY CLAIM ACCOUNT CARRIER DID NOT NOTIFY SWITCHMEN ASSIGNED TO THE LS372 DP01 ON GOOD FRIDAY, MARCH 25, 2016 THE FOLLOWING JOBS WERE ANNULLED; YER60, YGP55, & YGP64. I WAS ASSIGNED TO THE LS372 DP01 WITH ___________________ REST DAYS. IGN AGREEMENT PG. 304, SECTION (G) (2) STATES…SWITCHMEN WILL BE NOTIFIED NOT LATER THAN SIXTEEN (16) HOURS IN ADVANCE OF THE STARTING TIME OF THE ENGINE TO BE ANNULLED…
ROAD ASSIGMENT PERFORMING YARD TO YARD TRANSFER
CLAIMING 100 MILE PENALTY ACCOUNT OF ROAD CREW BEING REQUIRED TO PERFORM YARD WORK ON (MM/DD/YYYY). ON THIS DATE THE (ROAD JOB ID) WAS CALLED ON DUTY WITH ENGINEER (NAME) OFF THE (CIRC-7) (BOARD) AND CONDUCTOR (NAME) OFF THE (CIRC-7) (BOARD) FILLING THE POSITIONS. THE ROAD CREW WAS INSTRUCTED PER LOCAL MANAGEMENT (MANAGER’S NAME IF KNOWN)TO HAUL A YARD TO YARD TRANSFER, (YARD JOB ID CARS ARE TAGGED TO) WITH (NUMBER OF CARS) CARS FROM (YARD NAME WITH CIRC-7) TO (YARD NAME WITH CIRC-7). ALL MOVES WERE MADE WITHIN TERMINAL SWITCHING LIMITS AND TRAIN WAS DELIVERED AT ITS FINAL DESTINATION AT (TIME) ON (MM/DD/YYYY). HEAD CAR WAS (CAR ID) AND REAR CAR WAS (CAR ID). THIS IS A YARD TO YARD TRANSFER AND IS IN VIOLATION OF THE UTU-UPRR-HOUSTON HUB IGN AGREEMENT ON PAGES 6 & 7 OF THE Q & A WHERE A YARD CREW(S) IS ON DUTY.
CLAIMING 100 MILE PENALTY CLAIM ACCOUNT THERE WAS NOT ENOUGH REQUIRED SEATS BY AGREEMENT FOR THE CREW ON (JOB ID) ON (DATE). (LOCOMOTIVE ID) WAS USED WITH ONLY THREE SEATS AND THERE WERE FOUR EMPLOYEES ASSIGNED TO JOB. ENGINEER (NAME) PLUS THREE GROUND EMPLOYEES; FBY (NAME), SW1 (NAME), SIT (NAME). PER IGN HOUSTON HUB AGREEMENT ON PAGE 44, 2(A) SEATING ARRANGEMENTS; WHEN A TRAIN IS OPERATED WITHOUT A CABOOSE, PURSUANT TO THIS AWARD, SAFE, STATIONARY AND COMFORTABLE SEATING WILL BE AVAILABLE TO EACH GROUND EMPLOYEE, WORKING OR DEADHEADING, ON THE LOCOMOTIVE CONSIST, ...
CLAIMING ONE BASIC DAY FOR VIOLATION OF SENIORITY TERRITORY, ARTICLE 20, PAGE 36. I WAS ASSIGNED TO CIRC-7 BOARD AND WAS REQUIRED TO PROTECT ASSIGNMENT JOB ID ON DATE FOR CIRC-7 BOARD, WHICH IS OUTSIDE MY ASSIGNED TERRITORY.