Penalty Claims

  • YOU are the only one that knows how our agreement was violated. The local chairman is just trying to make heads or tails of what is in your claim. When you submit a claim, you are alleging that the railroad did something wrong. The burden of proof is on you!

  • Essential facts are needed in ALL claims-WHO, WHAT WHEN, WHERE. and WHY. INFORMATION is the key to claims getting paid. Getting paid is secondary to getting the railroad to uphold our agreements. IF YOU do not put complete information in YOUR claims, they do not have a good chance of getting paid.

  • You have 60 days from the date of an incident to submit your claims. If you are not sure of what information is needed in your claim, or what you should write, consult with a union officer BEFORE you submit the claim. Your claim needs to be right the first time you submit it.

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  • The final judgement of your claim reverts to what YOU wrote, not what someone else wrote for you. The ways YOU present, write, and prove YOUR claims are of the utmost importance.

  • The purpose of a claim is to protect your contract. Take the time to do it right. This benefits YOU as well as all of our members.


Rule 17 - Called but not used

Rule 17 A1

Labor Code 50- 8 hours

Remarks: Called and required to report to (on duty point) and released without having performed service will be paid actual time held with a minimum of 4 hours.



CARE PAY DENIED-

Please submit the following claim for 3 CARE DAYS pay.

LC:50 - 8 hours

“Please pay eight (8) hours for Amtrak violating the April 17, 2003, Care Agreement between Amtrak, and the union. The agreement clearly states that all UTU (currently SMART-TD) employees will be compensated for time lost following a critical incident on the same basis as are BLE represented employees. Following our critical incident, Amtrak has compensated the conductor and engineer on the crew I was working with pursuant to the agreement but has refused to compensate me.”


AUTO DENIED CLAIMS

LC: 50 - 8 hours

Submit a new claim for the auto denial "if the Carrier does not notify and give reason within 60-days "auto-denying" the claim, it should be paid without precedence pursuant to Rule 24(e)"

Ex" Carrier did not notify or give reason for "reference denied claim date and claim" within 60 days please pay pursuant to rule 24(e)