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BLE UP Southern Region Sample Claim Language

  

Annulled Day-Assigned Road Service  -- GCA Claim Code 62

 

I am the regular assigned engineer on TP250 LE46 board and my assignment was not run as bulletined. This board is bulletined to protect regularly assigned local freight service between Ft.Worth (TP250) and Duncan, OK (HM436) as the RFWDC/RDCFW. My assignment was bulletined to be called out of Ft.Worth on Monday 05/20/02 and out of Duncan on Tuesday 05/21/02, but was not operated either day. Please allow 143 miles lost, at local freight rate, for each day, 05/20 and 05/21.

 

NOTE: The sample claim above is for other than holiday annulments of assigned road service.

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The following applies to holiday annulments of assigned road service:

 

NOTE 1: If you are a regular assigned local or work train engineer and the annulled day is one of the 11 legal holidays recognized by our Agreement, then you MUST NOT have laid off for the entire calendar month in order to qualify for payment for a holiday annulment.

 

NOTE 2:  If your regular assignment is bulletined to work less than 100 miles, then it is eligible for holiday pay. In addition to the full month availability requirement outlined in NOTE 1 you also become subject to, and governed by, the holiday qualification requirements as outlined in the Paid Holiday Agreement. The requirements of the holiday agreement supersede any language that stipulates that a job is to work a specified number of days per week or month. This means you must qualify for the annulled day just as you would holiday pay by 1) working the day before and after the holiday and 2) have not already expended your yearly allotment of a combined eleven (11) holidays and/or personal leave days.

 

REQUIRED DOCUMENTATION FOR SUCCESSFUL ADJUDICATION

 
  1. Copies of your personal working history by entering PS-insert your ss#-W-insert date range mm/dd-mm/dd (PS-554545445-W-05/01-05/31) to show your assignment to the job and your availability status during the date range encompassing the annulled day/s. If this is for a holiday annulment, then wait to run the personal working history for the entire month encompassing the annulled day/s to verify your availability for the entire month.
  2. A copy of the bulletin for the assignment to show what days it was bulletined to work. To obtain the last bulletin for the job you enter HE-MPBU. A long list of bulletins will appear, in chronological order, covering the entire Southern Region. To find your bulletin enter FD-F-insert the circ7-insert board ID (FD-F-TP250-LE46). This is a search mode and it should take you to, and highlight, the most recent bulletin for that board. Make a note of the “message name” attached to the bulletin and then enter SW-USE-the message name exactly as it appeared with the dashes-MPBU (SW-USE-FTWR-E-77401-MPBU). The bulletin should appear.
  3. Copy of the annulment notice if it is a holiday annulment. If you don’t have access to a printed copy of the notice then you can retrieve one out of the computer by entering HE-HOLIDAY. This will bring up a long list. Page down to find your area and then enter SW-USE-message name exactly as it appeared with the dashes-HOLIDAY). This should list all the jobs with their holiday status, both working and annulled. 

OPTIONAL DOCUMENTATION OFFERING A BETTER CHANCE AT SUCCESS

 
  1. Copy of your CMS Work History for the days in question. (Must be obtained by a Local Chairman or UP Manager)
  2. Copy of a calendar for the month in which the annulment takes place to verify the annulled day was one that your assignment was bulletined to work.