Smart Transportation Division Union Local #1409

Claims

Brothers and sisters, we have a serious problem on our service unit with time claims not being submitted to the carrier, as well as "Denied" time claims not being turned in for appeal.  We've all been guilty (myself included) of neglecting to put in the extra effort upon tie-up to ensure that the carrier is forced to pay us the compensation that they've AGREED to pay in certain situations.  This complacency can no longer be our practice on zone 2, as it does nothing more than allow the carrier to continue dishonest business practices and bring down the amount of compensation they have AGREED to give us for our time and efforts.  We do not work for free, our agreements are negotiated for a reason.  None of us leave our families for 36 hours at a time to provide charity services for the Union Pacific Railroad.  We work hard so that we may earn the money that feeds and clothes our families.  As Union Pacific employees, we have an obligation to work in a safe, efficient, and productive manner consistent with our agreements.  As long as we are upholding our end of the agreement, so must the carrier uphold theirs.  The only way this can be enforced is to put in the extra time and effort to ensure that there are no excuses for shorting our pay.  One of duties of the officers of the UTU local #1409 is to assist in educating the membership in the proper way to submit time claims in a proper manner.  

We all, union officers included, MUST begin to take the time to educate ourselves and our fellow workers to create a better work environment with proper compensation.  If any members have any input please take the time to contact us.  If there is information that needs to be readily available on this website and you don't see it here, contact us a let us know.  This is YOUR website.  Call, email, text, attend a meeting.  These time claims are a vital part of our jobs.  We can make positive changes if we all work together.

Here is some basic information that should be in mind when entering ANY time claim:

Who- The name or at least initials of the dispacther or officer, yardmaster who told you to preform the contract violation.
 
What- What it was that you were told to do?
 
When- The times involved (such as the start time and the time finished).
 
Where- LOCATION LOCATION LOCATION of where you preformd the act.  This is vital.

THE MORE INFORMATION YOU INCLUDE, THE BETTER chance that we can get the claim paid, also to include any extra comments in note attached to the claim if you don't have enough room in the original claim.
 
In regards to dogcatching within the terminal, it is imperative that you show on your FRA screen the rubber tires from your "On Duty" location to the point at which you boarded the train.  If you are called for one train ID and are then switched to a different ID, put the proper ID on your federal tie-up screen.  The link below contains information to assist you in your federal tie-up, I would encourage you to print pages 7-9 relating to dog catching multiple trains.

Link coming soon!!!

Below you will find some examples of some of the common time claims that should be submitted to the carrier on a regular basis.  Please read and understand them.  Print them and carry them with you.  Make copies and share them.  If you have questions, contact a union officer and ask.  

(<Claim templates link below>)
 
CMS Mishandling (improperly called/run-around etc.) - Template coming soon
 
TSE Lay in for FR Status - Claims template at bottom of page!!!
 
Pool Turns Make whole Claim for FR Status
(If turn is run with extra board man) - Claims template at bottom of page!!!

Extra Board Lost Earnings for FR Status - Claims template at bottom of page!!!

Forced to dog catch within KC Terminal - Template coming soon

Performing incidental work, not related to your train - Template coming soon

Shoving over 1 mile without a caboose - Template coming soon
 
Supplying engines - Claims template at bottom of page!!!
 
Template for failing rules and re-taking the next day - Follow Claims template link below.

For more claim template examples click this link >>> http://www.utu1409.com/claimtemplates.htm 

This is an example of a claim to be submitted for having your senority restricted.

 

 While being called for a TSE at Muncie and Bonner locations

Claiming a basic day of pay (130 miles) account that I have had my seniority restricted by CMS.  I was first out and rested on the MX283 XT25 when I was called as the BR1 on the KX010 AT26 LMW 63 at 0545 hrs on 04/24/10 when the CON position was also vacant.  CMS then called (JR Doe) who was second out and rested as the CON on the KX010 AT26 LMW63 at 0545 hrs 04/24/10.  I have a seniority date of 04/15/04 that is older than (JR Doe) 07/28/04 and should have been allowed the opportunity to pick between the BR1 and the CON position at the time of the call for duty.  CMS did not give me the option of picking which position I would prefer to work and when I contacted the crew caller regarding the dispute, the caller refused to comply with the applicable agreement.  This is in violation of the Agreement on the MPUL. 

 

Thank You

Rick James

 

 

These are the examples of the claims to be submitted for "FR" status.  Please word the claims accordingly.

 

Pool Turns  Make whole Claim for FR Status

 

Without prejudice to the Organization’s position that is involved is a “major” dispute with the carrier under the Rail Labor Act, this claim is for the carrier not paying my make whole for time lost due to being in FR status.  I am currently a conductor assigned to the MX283 RT28 which is a blue printed thru freight pool board.  On XX/XX/XX I was placed in FR status for a period of 48-72 hours after working 6-7 consecutive days.  On XX/XX/XX my turn went on duty with an extra man (John Doe) on train ID (MXXXX  01) with the tie destination of kx148.  On XX/XX/XX, extra man (John Doe) worked back to mx283 on train ID (CXXXX 02). I am claiming all lost earnings on account of the carrier has violated our agreement, the CMS Policy Manual, Page 18, Selection of rested or non rested crews. 

 

Extra Board  Lost Earnings for FR Status

 

Without prejudice to the Organization’s position that is involved is a “major” dispute with the carrier under the Rail Labor Act, this claim is for the carrier penalizing my guarantee due to being placed in FR Status.   I am currently a brakeman assigned to the MX283 XT25 which is a brakeman’s extra board.  On XX/XX/XX I was placed in FR status for a period of 48-72 hours after working 6-7 consecutive days.   I am claiming all lost earnings on account of the carrier has violated the Guaranteed Extra Board Agreement.  Please remember to remove all penalties from guarantee. 

 

 

TSE  Lay In Payfor FR Status

 

Without prejudice to the Organization’s position that is involved is a “major” dispute with the carrier under the Rail Labor Act, this claim is for the carrier laying me in without pay due to being place in FR Status.  I am currently a conductor/brakeman assigned to the kx018 mc33 which is a traveling switch engine.  On XX/XX/XX I was placed in FR status for a period of 48 hours after working 6 consecutive days. On XX/XX/XX the job went to work and was filled with extra man (John Doe).  I am claiming all lost earning on account of the carrier has violated our collective bargaining agreement by not paying me for being laid in on this job.    

 

If you have any questions regarding the time claims to be submitted or the documentation needed contact me immediately.

 

Nick Pfeifer

Local Chairman

UTU #1409

2712 NW Canterbury RD

Blue Springs, MO  64015

 

(Cell)  816-674-1520

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