Federal Rest Claim
ATTENTION: ALL ENGINEERS
UNDER THE NEW LAW THAT MANDATES FEDERAL REST WHEN YOU WORK SIX OR SEVEN CONSECUTIVE CALENDER DAYS, THE CARRIER IS NOT GOING TO PAY YOU FOR THIS MANDATED TIME OFF!!
YOU MUST MAKE A CLAIM FOR THE LOST EARNINGS
AND PROCESS IT
TO YOUR LOCAL CHAIRMAN WITH
COPIES OF CLAIMS & REJECTIONS.
THE LAST PARAGRAPH OF THE ’82 SPWL AGREEMENT, ART.12, 1.(d) READS: IN CASE ENGINEER NOT USED ON ASSIGNMENT ACCOUNT NOT AVAILABLE UNDER HOURS OF SERVICE LAW, HE WILL BE COMPENSATED FULL EARNINGS OF HIS ASSIGNMENT; WHERE NOT AVAILABLE BY REASON OF MARKING REST, HE WILL NOT BE COMPENSATED FOR TIME LOST.
CLAIM THE TRAIN OR JOB YOU WOULD HAVE BEEN CALLED FOR, YOU SHOULD TRACK THE ENGINEER’S NAME AND ID NUMBER ALONG WITH THE TRAIN SYMBOL ON DUTY TIME, ETC.
MAKE YOUR CLAIM AS FOLLOWS:
CLAIM LOST EARNINGS WHILE IN MANDATORY FEDERAL REST
PER ’82 SPWL AGREEMENT ART.12, 1(d). ON _DATE_ENGINEER _ NAME_ WORKED ON THE TRAIN OR ASSIGNMENT, SP760 RE09, RE10, RE11 OR XE10/11 THAT I WOULD HAVE WORKED HAD I NOT BEEN PLACED IN MANDATORY FEDERAL REST. I SHOULD SUFFER NO LOSS OF EARNINGS DUE TO NO FAULT OF MY OWN. (IF ON EXTRA-BOARD) THE CARRIER SHOULD HAVE ADDED ADDITIONAL MANPOWER TO THE EXTRA-BOARD IN ORDER TO PRECLUDE MANDATED FEDERAL REST.
(NOTE: IF YOU ARE ON THE EXTRA BOARD YOU MAY LOSE MORE THAN JUST THE GUARANTEE, SO YOU WANT TRACK THE ENGINEER BEHIND YOU)
DO NOT LET THE CARRIER GET AWAY WITH THIS!!
MAKE THE CLAIM AND PROCESS IT!!
I KNOW, THE NEXT QUESTION, WHEN AND WILL YOU GET PAID?
IF YOU DON’T MAKE THE CLAIM YOU DON’T GET PAID
AND THE CARRIER WINS.
Make the Claim and allow the National Process Occur !
It takes time but With out a Claim You let The Union Pacific Win and then Who's Working for the Company ?
Join the Team and Put in a Claim Every time ,
Follow it
Through With Your Local Chairman