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BLE UP Southern Region Sample Claim Language

 

Call Time Deferred or Set Back-Assigned Road Service – GCA Claim Code 23

 

I am regularly assigned on the TP250 LE46 local board and was called at Ft.Worth for 1130hrs on 05/19/02 for train RFWDC-19. This board protects assigned local service between Ft.Worth and Duncan, OK and the call time out of Ft.Worth, as established by bulletin, is 0900hrs. I was not properly notified, prior to 0800hrs, of the call being set back to 1130hrs and am claiming 2hrs 30min prorata separate and apart from all other earnings of the trip.  

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NOTE 1: To properly defer or set back the bulletined call time for assigned road service, CMS must notify you prior to one hour ahead of the bulletined call time and upon contacting you they must tell you what time you are to be called. If the call is properly set back as described above, then the Carrier gets 3 hours grace before the set back time begins tolling. Example: Your bulletined call time is 0900hrs and you are contacted at 0730hrs and told your call is being set back to 1300hrs. The first three (3) hours from 0900hrs to 1200hrs are free and you would claim the one (1) hour from 1200hrs to 1300hrs as prorata set back time. In the sample claim above the set back of the call was not done properly and, in instances such as those, there is no grace period and the prorata set back penalty begins tolling at the bulletined call time and ends at the time you are actually called on duty.

 

NOTE 2: You must be available to be contacted about a possible set back of the call by means of any and/or all numbers that are listed in your personal file at CMS (home, cell, pager, mother-in-laws house, etc.). For example: CMS attempts to contact you at 0755hrs, trying all the numbers in your file, to properly set back your call. Even if you do not respond to the calls, the Carrier has fulfilled their notification obligation for properly deferring your call and you would not be entitled to the prorata set back penalty associated with an improper set back of the call.

 

NOTE 3: There is no restriction on the setting back of the call time and the pay provisions do not apply when due to emergencies such as wrecks, derailments, line blocked, washouts etc. that prohibit the train from being operated at the normal time.

 

REQUIRED DOCUMENTATION FOR SUCCESSFUL ADJUDICATION

 
  1. Copy of transaction log (ZB-insert circ7- insert board ID-T-E- insert date mm/dd) showing time CMS placed the phone call to put you on duty.
  2. Copy of job bulletin or job description (JD-P-insert home terminal circ7-insert train ID) to establish bulletined call time. At times the computer has problems recognizing the first letter in a train ID, such as the I in IDALB. In those cases you can usually omit the first letter and enter DALB and it should work.
  3. Claimant’s work history for the claim date (WH-D-insert claimant’s ss#-insert claim date mmddyy), which must be acquired by a UP Manager or your Local Chairman. This is mandatory to verify that CMS did not attempt to properly notify of the set back.