Agreements/Time Claims
Time Claims that are applicable in yard service.
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| Run Around |
Run Around
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| Rule 3 - Overtime |
Rule 3 - Overtime
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When overtime is worked by a job which works under the yard schedule. Transport time to the terminal is allowed and not in violation. Any actual work performed while on overtime should constitute a basic day penalty.
RULE 3.OVERTIME.(a) Except as indicated below or when changing off where it is the practice to work alternately days and nights for certain periods, working through two shifts to another, all time worked in excess of eight hours continuous service in a twenty-four hour period shall be paid for as overtime on the minute basis at one and one-half times the hourly rate.
In the application of this rule, the following shall govern:
(1) Work performed by regular relief men on assignments which conform with the provisions of Article 3, Section 3 of Agreement :A” signed at Washington, D.C., May 25, 1951 shall be paid for at the straight time rate.
(2) This rule applies only to service paid on an hourly or daily basis and not to service paid on mileage or road basis.
(3) A tour of duty in road service shall not be used to require payment of such overtime rate in yard service.(The term “road service”, as used in this paragraph (3), shall not apply to employes paid road rates, but governed by yard rules.)
(4) Where an extra man commences work on a second shift in a twenty-four hour period he shall be paid at time and one-half for such second shift except when it is started twenty-two and one-half to twenty-four hours from the starting time of the first shift.
A twenty-four hour period, as referred to in this rule, shall be considered as commencing for the individual employe at the time he started to work in the last shift on which his basic day was paid for at the pro rata rate.
(5) An extra man changing to a regular assignment or a regularly assigned man reverting to the extra list shall be paid at the pro rata for the first eight hours of work following such change.
(6) Except as modified by other provisions of this rule, an extra employe working one shift in one grade of service and a second shift in another grade of service shall be paid time and one-half for the second shift, the same as though both shifts were inthe same grade of service, except where there is another man available to perform the work at pro rata rate.
NOTE (1):Where a seniority board is in effect, in cases where there is a man or men on such board available for work at the pro rata rate, a senior man who exercises his seniority to work two shifts , the second of which would otherwise, under the provisions of this rule , be paid at the overtime rate, shall be paid at the pro rata rate.
NOTE (2): The adoption of this rule shall not affect any existing rule relating to service performed on a succeeding trick when an employe’s relief fails to report at the fixed starting time.
(b) Overtime will be worked only in case of emergency, or in case of transfer crews or yard crews to get to regular relief points, or in yards where only one engine is employed; two hours overtime not to be exceeded when extra men are available.
NOTE: It is the intention of this rule to restrict the hours of work to the assignment, and only such occurrences as cannot be foreseen and requiring immediate attention can be considered emergencies.
(1) Yard crews instructed prior to close of shift to perform additional switching will be paid overtime on the minute basis at rate of time and one-half.
(2) In yards where more than one engine is employed, yard crews instructed after close of shift to perform additional switching, except in case of emergency, will be allowed a minimum yard day at rate of time and one-half.
(3) If yard crew in a yard where more than one engine is employed is required to work in excess of two hours overtime, exclusive of time consumed in getting to relief point, the first out extra yard crew available on the extra board will be allowed a minimum yard day.
OUESTION:
What compensation should be allowed for additional service where a crew is regularly assigned to work 12 midnight to 8:00 a.m. and (service performed not affected by exceptions outlined in this rule):
(a) Is required to cover the third shift on the same day 4:00 p.m. to 12 midnight?
(b) Is required in an emergency to work 8:30 a.m. until 11:30 a.m.?
(c) Is required in an emergency to work 8:00 p.m. to 12:00 midnight (4 hours) on the same day?
(d) Is given 48 hours notice and assignment is moved up an hour, starting at 11:00 p.m. and being relieved at 7:00 a.m. and consequently in the 24-hour period works 9 hours but not more than 8 hours on a shift?
ANSWER:
(a) Eight hours at time and one-half.
(b) Eight hours at time and one-half.
(c) Eight hours at time and one-half.
(d) On account of complying with the 48-hour provision, which makes it permissible to change beginning time, crews only entitled to a minimum day.
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| Wording: |
| Claiming a basic day for being ordered to work overtime in violation of Yard Rule 3. Was called on duty at ______hrs for the (circ7 and job ID). At hrs. was ordered by Yardmaster _____________to work on overtime until ________hrs. when yard van arrived to transport to tie up point. Tie-up at ______hrs. Claim a basic day for Rule 3 violation by working _____hours, ______minutes of overtime. |
| Items to provide when appealing this claim: |
- A call sheet/snapshot (show job called for)
- Switch list marked to show all work performed on over time.
- Transport times to tie-up point.
- Snapshot of protecting extra board showing availability.
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| Rule 3 - 22 1/2 Hour Claim |
Rule 3 - 22 1/2 Hour Claim
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Where an extra man commences work on a second shift in a twenty-four hour period he shall be paid at time and one-half for such second shift except when it is started twenty-two and one-half to twenty-four hours from the starting time of the first shift.
RULE 3.OVERTIME.(a) Except as indicated below or when changing off where it is the practice to work alternately days and nights for certain periods, working through two shifts to another, all time worked in excess of eight hours continuous service in a twenty-four hour period shall be paid for as overtime on the minute basis at one and one-half times the hourly rate.
In the application of this rule, the following shall govern:
(1) Work performed by regular relief men on assignments which conform with the provisions of Article 3, Section 3 of Agreement :A” signed at Washington, D.C., May 25, 1951 shall be paid for at the straight time rate.
(2) This rule applies only to service paid on an hourly or daily basis and not to service paid on mileage or road basis.
(3) A tour of duty in road service shall not be used to require payment of such overtime rate in yard service.(The term “road service”, as used in this paragraph (3), shall not apply to employes paid road rates, but governed by yard rules.)
(4) Where an extra man commences work on a second shift in a twenty-four hour period he shall be paid at time and one-half for such second shift except when it is started twenty-two and one-half to twenty-four hours from the starting time of the first shift.
A twenty-four hour period, as referred to in this rule, shall be considered as commencing for the individual employe at the time he started to work in the last shift on which his basic day was paid for at the pro rata rate.
(5) An extra man changing to a regular assignment or a regularly assigned man reverting to the extra list shall be paid at the pro rata for the first eight hours of work following such change.
(6) Except as modified by other provisions of this rule, an extra employe working one shift in one grade of service and a second shift in another grade of service shall be paid time and one-half for the second shift, the same as though both shifts were inthe same grade of service, except where there is another man available to perform the work at pro rata rate.
NOTE (1):Where a seniority board is in effect, in cases where there is a man or men on such board available for work at the pro rata rate, a senior man who exercises his seniority to work two shifts , the second of which would otherwise, under the provisions of this rule , be paid at the overtime rate, shall be paid at the pro rata rate.
NOTE (2): The adoption of this rule shall not affect any existing rule relating to service performed on a succeeding trick when an employe’s relief fails to report at the fixed starting time.
(b) Overtime will be worked only in case of emergency, or in case of transfer crews or yard crews to get to regular relief points, or in yards where only one engine is employed; two hours overtime not to be exceeded when extra men are available.
NOTE: It is the intention of this rule to restrict the hours of work to the assignment, and only such occurrences as cannot be foreseen and requiring immediate attention can be considered emergencies.
(1) Yard crews instructed prior to close of shift to perform additional switching will be paid overtime on the minute basis at rate of time and one-half.
(2) In yards where more than one engine is employed, yard crews instructed after close of shift to perform additional switching, except in case of emergency, will be allowed a minimum yard day at rate of time and one-half.
(3) If yard crew in a yard where more than one engine is employed is required to work in excess of two hours overtime, exclusive of time consumed in getting to relief point, the first out extra yard crew available on the extra board will be allowed a minimum yard day.
OUESTION:
What compensation should be allowed for additional service where a crew is regularly assigned to work 12 midnight to 8:00 a.m. and (service performed not affected by exceptions outlined in this rule):
(a) Is required to cover the third shift on the same day 4:00 p.m. to 12 midnight?
(b) Is required in an emergency to work 8:30 a.m. until 11:30 a.m.?
(c) Is required in an emergency to work 8:00 p.m. to 12:00 midnight (4 hours) on the same day?
(d) Is given 48 hours notice and assignment is moved up an hour, starting at 11:00 p.m. and being relieved at 7:00 a.m. and consequently in the 24-hour period works 9 hours but not more than 8 hours on a shift?
ANSWER:
(a) Eight hours at time and one-half.
(b) Eight hours at time and one-half.
(c) Eight hours at time and one-half.
(d) On account of complying with the 48-hour provision, which makes it permissible to change beginning time, crews only entitled to a minimum day.
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| Wording: |
| Claiming 8 hours penalty overtime rate of pay for a violation of UPED Yard Rule 3, section 4. Was called on duty at ______hrs on (date) for the (circ7 and job ID). Was subsequently called on duty again at ______hrs on (date) for the (circ7 and job ID). Claim 8 hours overtime penalty rate for UPED Rule 3 violation, section 4, two starts within a 22 1/2 hour period of time. |
| Items to provide when appealing this claim: |
- A call sheet/snapshot (show job called for)
- Snapshot of protecting extra board showing availability.
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| Rule 5 - Start Times |
Rule 5 - Start Times
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When you are called for a job under the yard schedule, outside yard calling hours. If called outside yard calling hours, it will constitute a basic day penalty.
RULE 5.STARTING TIME.(a) Regularly assigned yard crews shall have a fixed starting time and the starting time of a crew will not be changed without at least 48 hours advance notice.Practices as to handling of transfer crew are not affected by this section.
(b) Where three 8-hour shifts are worked in continuous service, the time for the first shift to begin work will be between 6:30 a.m. and 8:00 a.m.; the second 2:30 p.m. and 4:00 p.m.; and the third 10:30 p.m. and 12 midnight.
(c) Where two shifts are worked in continuous service, the first shift may be started during any one of the periods named in section (b).
(d) Where two shifts are worked not in continuous service, the time for the first shift to begin work will be between the hours of 6:30 a.m. and 10:00 a.m., and the second not later than 10:30 p.m.
(e) Where an independent assignment is worked regularly, the starting time will be during one of the periods provided in sections (b) and (d).
(f) At points where only one yard crew is regularly employed, they can be started at any time, subject to section (a).
(g) Where mutually agreeable, on account of conditions produced by having two standards of time, starting time may be changed one hour from periods above provided.
(h) The time for fixing the beginning of assignments or meal periods is to be calculated from the time fixed for the crew to begin work as a unit without regard to preparatory or individual duties.
(i) Regularly assigned yard crews shall each have a designated point for going on duty and a designated point for going off duty.
(j) Exceptions to this rule may be agreed upon by the management and General Committee to cover local requirements.
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| Wording: |
| Claiming a basic day for being called outside yard calling hours in violation of Yard Rule 5. Was called on duty at ______hrs for the (circ7 and job ID). Yard rule 5 states "first shift to begin work will be between 6:30 a.m. and 8:00 a.m.; the second 2:30 p.m. and 4:00 p.m.; and the third 10:30 p.m. and 12 midnight." Claim a basic day for Rule 5 violation by being on duty at ______ hours. |
| Items to provide when appealing this claim: |
- A call sheet/snapshot (show job called for)
- Snapshot of protecting extra board showing availability.
- FRA tie-up data showing on duty/tie-up times.
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| Rule 6 - Lunch Times |
Rule 6 - Lunch Times
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- When denied a meal period, instructed to eat on locomotives, or denied 2nd meal period.
- 1st meal period is 20 minutes and must be taken between 4 1/2 and 6 hours after starting work.
- 2nd meal period when required to work 2 hours of overtime. 2nd meal period is for a reasonable amount of time.
RULE 6.LUNCH TIME. (A) Yard crews will be allowed 20 minutes for lunch between four and one-half and six hours after starting work without deduction in pay.
(b) Yard crews will not be required to work longer than six hours without being allowed 20 minutes for lunch, with no deduction in pay or time therefor.When required to work throughout two shifts, or work overtime beyond two hours on first shift, will be allowed reasonable time for meals without deduction in pay.
NOTE:This rule to apply to switchtenders except that switchtenders will be held responsible for their regular work.
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DENIED 1ST LUNCH:
CLAIM 100 MILE BASIC DAY FOR NOT BEING ALLOWED A PROPER MEAL PERIOD. WAS CALLED ON DUTY FOR (ASSIGNMENT)AT ______ HRS ON (date) . AT ______ HRS INFORMED (YARDMASTER NAME) OF NEED FOR REQUIRED MEAL PERIOD. AT HRS WAS ORDERED PER __________, THAT I WAS NOT TO TAKE A MEAL PERIOD AND WAS TO CONTINUE WORKING FOR ENTIRE SHIFT WITHOUT BEING ALLOWED TO EAT. CLAIM 100 MILE BASIC DAY FOR NOT BEING ALLOWED A MEAL PERIOD AS PER RULE 6.
DENIED 2ND LUNCH:
CLAIM 100 MILE BASIC DAY FOR NOT BEING ALLOWED A PROPER 2ND MEAL PERIOD. WAS CALLED ON DUTY FOR (ASSIGNMENT)AT ______ HRS ON (date) . AFTER HAVING WORKED 2 HOURS OVERTIME, AT ______ HRS INFORMED (YARDMASTER NAME) OF NEED FOR REQUIRED 2ND MEAL PERIOD. AT HRS WAS ORDERED PER __________, THAT I WAS NOT TO TAKE A 2ND MEAL PERIOD AND WAS TO CONTINUE WORKING FOR ENTIRE SHIFT WITHOUT BEING ALLOWED TO EAT. CLAIM 100 MILE BASIC DAY FOR NOT BEING ALLOWED A MEAL PERIOD AS PER RULE 6.
FORCED TO TAKE LUNCH ON THE LOCOMOTIVES:
CLAIM 100 MILE BASIC DAY FOR NOT BEING ALLOWED A PROPER MEAL PERIOD. WAS CALLED ON DUTY FOR (ASSIGNMENT)AT ______ HRS ON (date) . AT ______ HRS INFORMED (YARDMASTER NAME) OF NEED FOR REQUIRED MEAL PERIOD. AT HRS WAS ORDERED PER __________, THAT I WAS NOT TO TAKE A MEAL PERIOD AND WAS TO ONLY TAKE A BREAK ON THE LOCOMOTIVES. WAS NOT ALLOWED A PROPER LUNCH FOR ENTIRE SHIFT. CLAIM 100 MILE BASIC DAY FOR NOT BEING ALLOWED A LUNCH PERIOD AS PER RULE 6.
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| Items to provide when appealing this claim: |
- A copy of your federal tie-up.
- Time Manager/Yardmaster was informed you of denied meal period.
- Manager/Yardmaster name.
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| Rule 9 - Irregular Service |
Rule 9 - Irregular Service
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RULE 9. IRREGULAR SERVICE,(a) Yardmen required to perform other than their regular duties will receive not less than their regular rates. This will not apply to yardmen voluntarily accepting other service at prescribed rates for such service.
(b) Where it has been the practice or rule to pay yard crew or any member thereof, arbitraries or special allowances, or to allow another minimum day for extra or additional service performed during the course of or continuous after end of the regularly assigned hours, such practice or rule is hereby eliminated except where such allowances are for individual service not properly within the scope of yard service, or as provided in section (c).
(c) Where regularly assigned to perform service within switching limits yardmen shall not be used in road service when road crews are available, except in case of emergency. When yard crews are used in road service under conditions just referred to, they shall be paid miles or hours, whichever is the greater, with a minimum of one hour, for the class of service performed, in addition to the regular yard pay, and without any deduction therefrom for the time consumed in said service |
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| Rule 17 - Attending Court |
Rule 17 - Attending Court
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Yardmen attending court, or other business on behalf of the railroad, will be allowed full time and necessary expenses.
Yardmen must furnish timekeeping with a copy of your jury summons and fax to 402-591-2382
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| Wording: |
| Claiming make whole for my regular assignment (circ7 and job ID) (for/sw1) on (date). Served jury duty on (date). Please allow make whole per yard rule 17. Thank you. |
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| Rule 22 - Called and Not Used |
Rule 22 - Called and Not Used
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| Premise: |
| Yardmen reporting for duty after being called and not performing service will be allowed a minimum day’s pay.When vacancies occur and senior yardmen are left unplaced through no fault of their own, they will be allowed a minimum day’s pay. |
| Wording: |
| Claiming a basic day for being called and not used. I was called on duty for the (circ7 and job ID). at _____hrs. I was released from service at ______hrs. Claiming a basic days pay per yard rule 22. |
| Items to provide when appealing this claim: |
- A call sheet/snapshot (show job called for)
- A snapshot (after being released)
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| Rule 23 - SHORTAGE IN PAY VOUCHERS |
Rule 23 - SHORTAGE IN PAY VOUCHERS
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When a yardman’s check is found to be five dollars or more short (for the pay period) of the proper allowance through no fault of his own, voucher will be issued for the full amount of the shortage if requested.
First if your pay is shorted, you must call timekeeping and turn in a heat ticket.
Their phone number is 1-866-623-4267. Use option 2 to speak with a timekeeper.
Second, after the heat ticket is turned in and is denied, you need to contact your local chairman. He can email the supervisor at timekeeping and go from there.
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| Wording: |
| Claiming a pay shortage voucher for the (first/second) half of (month). I was shorted more than five dollars and am requesting a shortage voucher per yard rule 23. |
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| Deduction in Pay for Federal Rest |
Deduction in Pay for Federal Rest
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When guarantee is deducted due to Carrier counting FR as an unavailable status.
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| Wording: |
| Was assigned to the (circ-7 and board) from (date)-(date_ . Was required to initiate 6 consecutive on duty periods between (date)-(date), tying up at the home terminal at _____hrs on (date). Per Federal Rest Requirements, was not rested to work until _____hrs on (date). As a result of the rest status which Carrier placed me in, was improperly denied payment of extra board guarantee from _____hrs on (date) to _____hrs on (date). I did not lay off, nor was otherwise unavailable for service, as defined by the Eastern District 1992 Crew Consist Modification, Article II, Section 7(f), which states that the guarantee deductions shall not apply in instances where the employee is held at the instruction of the Carrier. I was paid a total of $ __________. Please allow ________ difference in pay. |
| Items to provide when appealing this claim: |
- Copy of your job history, showing your starts and resultant FR status.
- A copy of your guarantee summary, showing the deduction.
- A copy of your e-payroll paystub, showing what you were actually paid.
- A copy of your denied non-service claim.
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| HI (HELD-IN) STATUS |
HI (HELD-IN) STATUS
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| Premise: |
- When placed in HI status and employees standing behind you on the board, are called on-duty prior to your being called.
- Put in as a non-service claim
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| Wording: |
| On(date) at (time) was placed in HI status by CMS on the (circ-7)(board id). At (time)hrs (employee name)ran around my position-called for the (train/job id). At (time)hrs (employee name)ran around my position-called for the (train/job id). At (time)hrs (employee name)ran around my position-called for the (train/job id). I was called on-duty at (time)hrs for the ( train/job id) . Claim basic day for CMS Mishandling. |
| Items to provide when appealing this claim: |
- A complete copy of your accurate federal tie-up.
- A copy of the board snapshot which shows you ahead of employees which later ran-around you.
- A copy of the CMTS job history of all employees which ran-around you-showing their call.
- A copy of your denied non-service claim.
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| EOT Handling |
EOT Handling
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| Premise: |
- When instructed to handle (remove or hang) an EOT at a location where carmen are on duty.
- Put in as a non-service claim
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| Wording: |
| Claiming 2 hours pay for handling an EOT at a Class A Terminal where carmen are employed around the clock-or-Claiming 2 hours pay for handling an EOT during shift when carmen were on duty. Was called to work the (train symbol) on (date)at (Circ 7). At ____ hrs, inside yard__, track ___, Yardmaster __________, instructed me to remove EOT # _________ from car #___________ and place it on the new rear car of train after making a joint on a cut of cars. The new rear car on which placed the EOT was car #_________. Carman _______ was on duty. As per PLB 5487 case 6, award 6 entitled to 2 hours pay. |
| Items to provide when appealing this claim: |
- The EOT #
- Your train list
- Mark/highlight original rear car #
- New rear car # if instructed to re-hang
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| Senior Applicant Extra Board Seniority Restriction |
Senior Applicant Extra Board Seniority Restriction
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| Premise: |
- When junior men (borrow-outs in the current scenario) are added to the extra board and you should/would have been added instead.
- CMS must have picked up enough positions that would have resulted in your being added.
- You need to have had your application in at the time the improper individuals were picked up.
- Claim is for a basic day for CMS Mishandling/seniority restriction.
- Can additionally claim the difference in earnings for what you actually worked vs the applicable extra board guarantee.
If set-back engineer and would/should have been picked up as an engineer, but was not due to seniority restriction:
Your claims:
- When junior men (borrow-outs in the current scenario) are picked up as engineers and you should/would have been added instead.
- CMS must have picked up enough positions that would have resulted in your being added.
- Claim is for a basic day for CMS Mishandling/seniority restriction.
- Can additionally claim the difference in earnings for what you actually worked vs. what you would have made as an engineer had you been properly picked up.
Documentation:
- A copy of the applicable engineer seniority roster showing your ranking.
- A copy of the board snapshot in seniority order-mark the junior men which were picked-up improperly.
- A copy of your JOB HISTORY showing what you were actually working during the date range for which claims are being made.
- If claiming difference in earnings, must include a copy of your e-payroll recap with notes demonstrating the amount actually made for the date range being claimed vs. what you would have made as an engineer had you been properly picked up.
Claiming a basic day penalty account CMS Mishandling in restriction of my seniority. On (date)at (time)hrs. the (circ-7)(board-id)was increased by (#)positions with junior employees. I am currently working as a trainman and was the (1st, 2nd, 3rd, 4th, etc) person to be picked up as an engineer. Claim 130 mile basic day at engineer rate of pay for each day from (date)to (date) for a total of basic days for restriction of my seniority.
* Can also claim difference in engineer rate of pay for the date range if it would have been higher.
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Claiming a basic day penalty account CMS Mishandling in restriction of my seniority. On (date)at (time)hrs. the (circ-7)(board-id)was increased by (#)positions. I had an application to the board as of (date)at (time)hrs. I was the (1st, 2nd, 3rd, 4th, etc) person to be picked up by application in seniority order. Claim 130 mile basic day for each day from (date)to (date) for a total of basic days for restriction of my seniority. Also claiming _$____ in lost earnings for what I actually made during the date range vs the extra board guarantee that I should have made.
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| Items to provide when appealing this claim: |
- A copy of the permanent bid list for the board showing your ranking on the list and the date of your bid.
- A copy of the extra board snapshot in seniority order-mark the junior men which were picked-up improperly.
- A copy of the applicable seniority roster showing your ranking.
- If claiming difference in earnings, must include a copy of your e-payroll recap with notes demonstrating the amount actually made for the date range being claimed vs. the applicable extra board guarantee.
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