submitting payroll claim denials
if a claim is denied, promptly submit all information to the local chairman. there is only 60 days from the date of denial to process a claim from you, to the local committee of adjustments, to local supervision, to division management. division management then has 60 days to respond to the claim. if not approved, then the claims are forwarded to the general committee of adjustments who then discuss the claim with ns corporate labor relation. if no satisfaction is reached, then the claim is brought before a neutral arbitrator for a final, binding resolution.
please include the following pertinent information:
1.) a copy of your claim properly documented on a division 659's appeal form.
2.) a copy of your remarks submitted to payroll.
3.) a copy of the payroll denial.
ns payhelp - using the memo system
minor errors, such as holiday pay denials, payment of im (interdivisional meals) or small mileage errors can sometimes be corrected through the ns memo system under payhelp. payhelp allows you to discuss a claim directly with a payroll time keeper who is located at the payroll operation center in roanoke, virginia. as evident from the process listed above, much time can be saved if resolution can be achieved without going through the claim process.
claim remarks and documentation
air tests and adding / removing ground lines (claim code: pe) applies to trainmen only. this penalty addresses the issue of train and engine crews crossing crafts into the mechanical department. the important fact of this particular claim is that a car inspector must be on duty at the location (terminal) where ordered to perform the air test or add / remove ground lines as outlined in special board of adjustment 910, award 415. the most prevalent violations currently occur within the buffalo terminal and cp rail, east binghamton yard. submit a claim as follows:
"please allow basic 8:00 day at conductor through freight rates (tfid) for being ordered to perform initial terminal air test on train 205h712, 01-12-2008 in east binghamton yard, cp rail. claimant was ordered by second shift cp rail yardmaster to perform own air test on 6 cars, track 13. the cp rail, east binghamton yard employs mechanical department personnel 24 hours a day, 7 days a week.
please forward to hb/st h7 inbox, attention trainmaster r. cieri."
calling infractions (claim code: pe) when called for service, the call must include the service intended (ie: road relief, short turn as such). if not, then the assignment called for assumes the service of the advertised assignment. through freight road trains are considered to be strainght-away-through-freight. when ordered in straight-away-through-freight and crews are required to perform additional service such as switching cars or moving other trains not in connection with your own train then a penalty has occurred for performing service that a claimant wasn't called for.
"please allow basic 8:00 day at engineer through freight rates (tfid) for being called in straight-away-through-freight service and being used in interchange service. was called for 23k at 05:00 in binghamton, ny. upon reporting for service, second shift harrisburg chief train dispatcher ordered claimant to board train 206 at prospect street and perform interchange service with 9 intermodal cars for cp rail, east binghamton. service performed not in connection with our train.
please forward to hbst h7 inbox, attention trainmaster disspain"
detention time additional pay (claim code: de) under article 9, section 2 of the ble agreement, engineers are entitled detention time compensation until the train (or taxi states special board of adjustment 910, award 214) departs the terminal. the carrier will probably not change your deadhead screen to indicate the actual departure time, so a claim must be submitted as follows:
"please allow additional 1:15 of detention time due to cab (train) not departing until 1:16 pm in reference to sba 910, award 214. crew was ordered for deadhead service at 12:01 pm under deadhead symbol 471h731, 01-31-2004 from binghamton, ny (hb/st mp sr214) to buffalo, ny (hb/st mp sr 00003). crew was on detention time commencing at 09:00 am and removed at 12:01 pm for deadhead service. cab did not arrive until 1:15 pm and departed at 1:16 pm.
please forward to trainmaster db corey hb/st inbox for approval."
difference in pay between pool positions (claim code: dp) the nickel plate contract allows pool crews who are stepped up to cover another pool or used on other that their own assignment, to claim the difference in actual earnings that the pool position earned. the claimant will not be entitled to any earnings that he actually did not suffer. that is, if your pool suffered a penalty such as detention time, these monies are unrecoverable.
"allow the difference of total wages earned between buffalo-cleveland pool (pb/le, bv-01) and buffalo-cleveland pool bv-02 (or whatever assignment worked.) claimant is the regularly assigned engineer (conductor) on pool bv-02 and was ordered by crew management center to work assignment h1jh804, march 4, 2003. please forward to trainmaster ci grimes, hb/bl, h8 inbox."
meal periods (claim code: pe) meal periods have been of great concern. a basic right to the substance of life, the carrier would like us rather not to take a lunch. if a meal period is given but not between the 4 1/2 - 6 hour of the tour of duty, while in local service, submit the following claim:
" allow 4:00 penalty for not being sent to lunch between the 4 1/2 - 6 hour of the tour of duty. crew contacted yardmaster s. ryan for a meal period but was instructed to continue to work until the 8:00 on duty. all work performed in violation of public law board 1302, case 100."
if a meal period is not given and no compensation is collected (i.e.: ly) while in local service, submit the following pe claim:
"allow 8:00 penalty for not being sent to lunch between the 4 1/2 - 6 hour of the tour of duty. crew contacted yardmaster t. russo for a meal period but was instructed to continue to work and completed service without a meal period. all work performed in violation of public law board 6003, case 77."
mishandling of demoted engineers (claim code: no) recent cuts to the buffalo engineer extra list, unwarranted by any standard, have predicated the expected results. jobs cannot be covered on an ever so frequent basis. instead of going to the next step in the call office decision tables - the use of senior demoted engineers - regular engineers have frequently been taken off their pool or local assignments to till these vacancies. if you believe you have been so mishandled, submit an 'no' claim as follows:
"allow basic 8:00 day at engineer local traveling switcher rates (class 43) account mishandled as the senior demoted, qualified, rested and available engineer at buffalo, new york (hb/bl, b00003). a vacancy existed on local traveling switcher h0mh820, september 20, 2003 which could not be filled from the extra list. engineer angello, regularly assigned to buffalo/renovo (hb/bl, br-09) was called for this assignment. as the senior demoted engineer, i should have been called.
please forward to hb/bl, h8 inbox, attention trainmaster ci grimes."
overmiles run in through freight service (claim code: dp) though the end of trip tie up screen prompts the crew to use the advertised mileage, additional miles are to be claimed based on the service performed by the crew. when submitting for additional mileage, it is most important to be extremely specific. submit a 'dp' claim as follows:
"allow 20 additional miles run in final terminal. upon arrival at cp-panama (hb/st, mpsr 420), crew was ordered by second trick bison yardmaster laura enos to advance train to cp-gravity (hb/bl, mp br8) via the bison running track, transcoe wye, powell connection and cp-gj (mp br 6) and return.
please forward to senior terminal trainmaster, ci grimes, attention hb/bl h8 inbox."
penalties that are undefined (claim code: pe) many times we have been ordered to perform tasks that are questionable. the agreements does not actually define all activities that are considered penalties. several arbitration awards have ruled in favor of scheduled agreements when silent as to what the compensation shall be. in instances like this, the basis is a minimum basic day.
"allow 8:00 basic day at conductor and engineer through freight rate for violation of crew consist agreements when ordered to become part of their crew. third trick southern tier train dispatcher g. drew ordered crew to assume the duties and responsibility of canadian pacific crew train dh 168 when directed to lock hand cross over switches behind foreign railroad at prospect street, (hb/st, mp sr 214).
please route to hb/st h7 inbox, attention trainmaster r. cieri."
used off of assigned territory (claim code: ua) claim this when a pool is run off an advertised limit. all road trains, including traveling switchers and extra make-ups (mu's, tf's and xf's), are crewed within a pool profile. all pools have established limits. contractual agreements prohibit the carrier from running crews off of assigned limits and territories. submit a ua claim as follows:
"allow basic 8:00 day at conductor through freight rate for being run off of assigned territory. crew of train 205c922 was ordered at 13:15, 02-22-2003, by first trick cleveland district train dispatcher to advance train from cloggsville interlocking (pb/le, mp 186) to bellevue terminal (la/bv, mp 00248). crew is a buffalo - cleveland, pb/le, pool crew with limits to cleveland - rockport, oh (db/cv, mp 00184). please forward to trainmaster g. wolfe, conneaut, oh, attention pb/le inbox"
specific routes to supervisor's claim in boxes
much delay can be avoided if a claim is routed to the appropriate management in box. all claims are first approved or denied by local supervision. a claim by a crew from buffalo that performs penalty or miscellaneous service at an intermediate terminal, may not be recognized as actually performed by the controlling supervisor. some management verifies all claims made during tie-ups. routing the claim to the appropriate manager will assist in proper verification and payment of the claim.
the controlling supervisor's inboxes are:
- hb/bl, h7 - buffalo line (bo, br, os pools)
- hb/bl, h8 - buffalo locals and terminal (bt, bs pools)
- hb/st, h7 - southern tier (bp, bb pools)
- pb/le, c9 - lake erie district (ba, bv, tp pools)
for further assistance, feel free to contact local chairman curran.