Disclaimer – This Document is meant to educate and assist our membership with submitting claims properly. All the claims in this book will only be applicable to engineers unless stated otherwise. Remember, agreements do change and arbitrators sometimes do make rulings that change our agreements. We can’t change that but we can write claims that makes it easier to collect in a claims conference. In the event of a question regarding any of the claims listed in this guide, please contact your Local Chairman.

How to submit a special claim

Some claims must be submitted as a special claim and others must be submitted on a working ticket. Each sample claim below will specify how the claim needs to be submitted and which category and code to use. This will be listed below the claim in RED. Claims need to be submitted using the proper code to assist in getting the claims paid. A claim must be submitted within 60 days of the date the incident took place. Claims submitted beyond 60 days of the occurrence are considered invalid. The first day following the incident is the date the 60-day time period begins.

Road Basic Days = 130 Miles

Yard Basic Days = 100 Miles

To submit a special claim – Using the emulator go to Option 15 then select 1B. Next select the category and proper code. This information will be listed in the sample claims found in this document.

To submit a claim on a working ticket – When filling out a tie-up ticket you will be asked if you would like to add any other codes. Select yes then enter the CA code in the sample claims found in this document. Most of these claims have pop up boxed that must be filled out and will have a place to enter any other remarks.

You must fill out the following screen for all special claims. Use this as a sample of how to fill it out.

Claims for Road Jobs Only

Activation Penalty (AP)

These claims are applicable only to employees working the Needles to Winslow pool. All other double ended pools in Needles are Primary/Secondary boards and are not planner activated. Activation times are 0300, 0700, 1100, 1500, 1900 and 2300 MT. Activation times are counted from the hour. For example, if the crew is activated at 1612 the times are computed from 1600. If activated at 1551, time is computed from 1600.

There is currently a pop-up window for submitting this claim. All fields must be completed as in the following example:

CA: AP

Turn number: NEE 6101

Loc: Needles

Board Number: 35

Activated Date: 020120

Activated time: 1600

On Duty Date: 020220

On Duty Time: 0630

Train #: H-BARGAL1-01A

Comments: Enter an explanation of the penalty. More information is listed below.

Submit as a special claim. Select category ACTIVATION/CALL AND RELEASE then select the applicable AP code. Fill out all info in the popup box and then enter a detailed description on the next screen.

8 Hour Penalty

Engineers must be active for a minimum of eight (8) hours from the time they are activated to the time they are placed on duty. Submit a claim for a basic day for this activation penalty.

Activated Outside Activation Times

In variable calling agreements the Carrier is required to update the active board every four (4) hours. They are also required to post these updates no more than thirty (30) minutes before or after the hour for engineers and fifteen (15) minutes before or after the hour for conductors. If the Carrier activates an employee outside the activation times, then a penalty claim should be submitted. Engineers are due a basic day for this activation penalty. Conductors are due 16 miles for this activation penalty.

Active Board Changed

Variable calling agreements also state that “once an employee is activated his position on the active board will not be changed”. This means you cannot be removed from or ran around on an active board. Use code AP (not BD) if you are ran around after being activated. Due a basic day for this activation penalty.

5:1 Ratio

If the Carrier works more than 5 crews of the same type in a row AND there is a rested crew from the other end, that employee is entitled to a penalty payment for not being used. Due a basic day for this activation penalty.

Assisting Other Trains (AS)

When road crews are instructed to assist the crew of another train such as hang/arm ETD, replace knuckle or tie down train, the crew should claim a basic day for assisting other trains. Make sure to include who instructed you to do the work, time work started, time work ended and any car/engine/ETD numbers.

Submit as a special claim. Select category MISCELLANEOUS PENALTY then select AS ASSISTING OTHER TRAINS ENROUTE (ATSF). do not use code AT.

Sample: Claiming a basic day account on (Date) I was called on (Train Symbol) and was instructed by (Initials) to assist the (Train Symbol) with (What You Did). I was called in through freight service and was not a member of their crew. Started the work at (Time) and ended the work at (Time).

Bumped after Active/Primary (MC) *Engineer Only*

Engineers assigned to pools with an active/primary board that are bumped or displaced after being activated will not lose their spot on the active/primary. Instead, those activated will remain on the assignments until called out as a "9000" series turn and the engineer bumping to the board will be placed to the foot of the inactive/secondary board at the time of the displacement. If this does not happen contact your local chairman to have the board sorted properly. If you are bumped after being activated/primary and are not allowed to keep your spot on the board submit a claim for a basic day. This claim is not due to conductors.

Submit as a special claim. Select category MISCELLANEOUS PENALTY then select MC (OTHER MISHANDLING PENALTY).

Sample Claim: Claiming a basic day account, I was bumped off of board (Board Number) and was not allowed to keep my spot on the (Active/Primary) board. On (Date) at (Time) I was moved to the active/primary board and was displaced at (Time) on (Date) by (Who Bumped You). Engineer (Who Bumped You) took my spot on the active board and I was moved to the bump board. This is a violation of the 2007 BLET On Property Agreement Side Letters 13 & 16.

Called prior to or after assigned on duty time - Assigned Trains Only (73)

If notified when tying up on previous trip, engineer may be called 2 hours in advance of assigned on duty time. If notified at calling time, engineer may be placed on duty up to one hour prior to and up to two hours after assigned on duty time. If not properly notified and brought on duty prior to assigned on duty time, the engineer is due a basic day. If brought on duty more than two hours after assigned on duty time, pay begins two hours after assigned on duty time.

Submit as a special claim. Select category MISCELLANEOUS PENALTY/ARTICLE IX then select 73.

Sample: Claiming a basic day account I was put on duty more than two hours prior to my assigned on-duty time. My assignment (Job) goes on duty at (Time) and I was put on duty at (Time).

Conductor Only Violations (IM)

Engineers and conductors in conductor-only service will not be required to perform the following work events:

• More than two (2) work events at the Initial or Final Terminal.

• More than three (3) straight set-outs/pick-ups enroute.

• Or any combination not to exceed three (3) during the tour of duty.

• Any work train service that requires the conductor to get on the ground triggers the penalty when working conductor only work trains.

• A conductor only crew may only relieve conductor only trains.

A work event is a setout or pickup, taking the pickup or remaining cars back to the train does not count as a work event. An example of ONE work event would be setting out a car and returning to the train, or picking up a car and returning to the train. The total number of events remains with the train AND the crew. This means if a conductor only crew has performed no events and is swapped to another train that has already performed three (3) events, the new conductor only crew may NOT perform any more events and the crew who performed the three (3) events also may NOT perform any more work events. Using a temporary brakeman to assist a crew does not avoid the penalty.

• Pick-Ups - It is permissible to pick up while holding onto cars of the train.  The pick-up must be first out in the track (not buried). A double over at the initial or final terminal is considered a work event.

• Setouts - It is permissible to setout while holding onto cars of the train. A setout must be first out in the track. Setting out a bad order is not counted as an event.

• Handling Engines - Hostling power at the initial terminal is considered one event. This means all work events to build the locomotive consist counts as one event.  When picking up a locomotive enroute, it must be first out (not buried). Handling power to and from the train is NOT an event. Picking up or setting out a locomotive(s) enroute is considered an event. Setting out a locomotive(s) for a train experiencing power problems is NOT an event. Cutting in or out helper power is an event, unless done by someone other than the conductor.

• Switching - Switching is anything other than a straight setout or pickup. Moving cars or engines not assigned to your train to access your pickup or setout is considered switching. Switching cars due to Hazmat Makeup, FRA, or any other government regulation is NOT considered a switching violation or event. However, switching cars due to BNSF train makeup, GO, GN or other instructions counts as an event.

• Hobart - A double over using the main line is NOT permissible.

Submit as a special claim. Select category INTERCHANGE/CONDUCTOR ONLY then select IM.

Sample: Claiming all earnings of a brakeman had he been a member of our crew account while working conductor only freight service I was instructed by (Initials) to exceed the maximum number of work events allowed. Called on duty (Time) on (Train). After yarding my train in (Track) we set out lines # (First/Last Car Number) to (Track) for the 1st event. Set out lines # (First/Last Car Number) to (Track) for the 2nd event. Picked up cars (Car Numbers) out of (Track) for the 3rd event. This work was started at (Time) and completed at (Time).

Sample 2: Claiming all earnings of a brakeman had he been a member of our crew account while working conductor only freight service I was instructed by (Initials) to move equipment that was not assigned to my train. This is not a straight pickup/setout. I was instructed to pickup (Car/Engine Number) from (Track). There were other cars/engines first out in the track and I was required to move (Car/Engine Numbers) from (Track) to (Track) to finish this move. The work was started at (Time) and finished at (Time).

Departing after 8 hours on duty - Through Freight (73)

Engineers in unassigned through freight road service must depart from their initial terminal before the expiration of eight hours. If this does not happen claim a basic day.

Submit as a special claim. Select category MISCELLANEOUS PENALTY/ARTICLE IX then select 73.

Sample: Claiming a basic day account I was called in through freight service on (Train) on (Date & Time) and did not depart until (Departure Time) on (Date). As per the 1973 BLE Agreement Rule 8 “D” Paragraph 2, I am to depart on my initial trip before the expiration of eight hours. If this is not done, I am entitled to a minimum of a basic day in addition to the trip made.

Hanging on to Side of Car (HO) *Trainman Only*

Whenever a crew member is required to ride the side of a car in excess of one mile he may be entitled to additional compensation. If the crew would have used a caboose to make the move prior to the elimination of cabooses, then the employee is entitled to 25 miles.

If a shove car (caboose or shoving platform) is available then no compensation is due. If an alternative form of transportation is available specifically for that use then no compensation is due. Also, if the shove would not have historically used a caboose (such as shoving a stub track) then no compensation is due.

Simply telling an employee to stop and dismount at increments not exceeding a mile does not relieve the Carrier from payment

Submit on a working ticket using the CA code HO

Lap Back (LP)

When a lap back occurs between terminals, the engineer is entitled to payment of the additional miles operated. If the lap back is greater than seven miles, the engineer is due a basic day. In trap rated service a lap back is only payable if you run in excess of 7 miles. In general, the agreements allow for lap backs in “emergency” situations. “Emergency” is not defined in the agreement. If an engineer is required to lap back into or out of the initial or final terminal, it is considered a penalty lap back and a claim for a basic day would be appropriate.

Submit on a working ticket using the CA code LP.

Road Crews Performing Yard Service (73)

Road crews may not perform more than three straight set outs or straight pickups at an initial or final terminal where yard crews are on duty. If that number is exceeded, engineers should claim a basic day at yard rate (100 Miles) for the violation. If the number of events is exceeded in Conductor Only Service then see Conductor Only Violations.

Road crews cannot switch at yards where yard crews are on duty. Setting out bad orders or rearranging train for Haz Mat purposes is allowed. Rearranging train to comply with BNSF train make up instructions is a penalty. Crews cannot unbury a pickup or move cars off a track to complete a set out.

Submit as a special claim. Select category MISCELLANEOUS PENALTY/ARTICLE IX then select 73.

Sample: Claiming a 100-mile basic day at yard rate account I was called on (Train) and was instructed to switch my train into compliance with BNSF train makeup rules. I was instructed to set out car (Line and Car Number) in my train due to this car was under 45 tons and cannot be within the first ten cars of the train per SSI Item 47. The total tonnage of the train was (Train Tonnage).

Run Off Assigned Territory (RO)

If an employee is required to operate beyond the limits of their assignment, they are entitled to a penalty payment of one basic day (overtime will be reduced by time spent performing the penalty). As an example, a crew is called to work from Needles to Barstow and is instructed to pick up their train at Topock, this is being run off of the assignment. For instances where a crew is required to operate off their assigned territory between terminals, see Side Trip. If required to operate within switching limits in Barstow Yard, see Switching Limits. This claim is due to the whole crew. Comp Systems will use PTC to track the location you get on the train so make sure to log into PTC when boarding the train.

Submit on a working ticket using the CA code RO. Complete all fields below.

Miles: 130.0

Start Time: Time you left terminal or switching limits

Start MP: MP of terminal or end of switching limits

Turnaround: MP of the head end of the train

End Time: Time you arrived back at terminal or switching limits

End MP: MP of terminal or end of switching limits.

Who Authorized: Name or initials of who instructed you

Comments: List any other details such as the MP of the rear of your train

Short Turn Around Claims (73) *Engineer Only*

Engineers working in short turn around service (dogcatching is NOT short turn around service) and multiple trips occur on a single tour of duty, claim 130-mile basic day when any of the following occur. These apply at both the home terminal and the away from home terminal but only in short turnaround service. These claims are not due when dogcatching.

• Total miles ran exceed 100.

• The turning point on any trip exceeds 25 miles (Must make 2 trips).

• Depart after being on duty 8 hours.

Submit as a special claim. Select category MISCELLANEOUS PENALTY/ARTICLE IX then select 73.

25 Mile Claim

Sample: Claiming a basic day account, I was called in short turn around service and was instructed to take (Train Symbol) from (MP Location) to (MP Location) and return with the power. Then to take (Train Symbol) from (MP Location) to (MP Location) and return with the power. As per Rule 8 “A” section 2 of the 1973 BLE agreement, the distance from the terminal to the turning point may not exceed 25 miles. The turning point (MP Location) is beyond 25 miles from my initial terminal (MP Location).

100 Mile Claim

Sample: Claiming a basic day account, I was called in short turn around service and was instructed to take (Train Symbol) from (MP Location) to (MP Location) and return with the power for (# of Miles). We were then instructed to take (Train) from (MP Location) to (MP Location) and return to with the power for (# of Miles). We were then instructed to take (Train) from (MP Location) to (MP Location) and return to with the power for (# of Miles). The total miles ran is (# of Miles) which is more than the allowed 100 miles under Rule 8 “A” section 1 of the 1973 BLE agreement for all trips combined.

Departing after 8 hours

Sample: Claiming a basic day account, I was called in short turn around service on duty (Date & Time) and was instructed to take (Train Symbol) from (MP Location) to (MP Location) and returned with the power at (Time). We were then instructed to take (Train) from (MP Location) to (MP Location) and return with the power. We departed on that second trip at (Date & Time) which is more than eight hours from my on-duty time. As per Rule 8 “A” section 3 of the 1973 BLE agreement, engineers will not be required to start a second trip out of the initial terminal after eight hours.

Short Pool Used to Dogcatch Long Pool (73)

Each long pool agreement has different requirements for how hours of relief will be handled. Short pool crews should not be used to dogcatch/chase San Bernardino long pool trains in Barstow or beyond. The others long pools can be relieved by short pool crews between, and including, Barstow to Needles. When submitting these claims make sure you enter the location you relieved the train in the remarks. See below for information on when the relief crew must be called from, this is different for each long pool.

Where relief crew must be called from 

San Bernardino LP:

If a westbound long pool engineer expires under the HOS between Needles and including Barstow, or if an eastbound long pool engineer expires under the HOS between San Bernardino and including Barstow, the relief engineer must come from the long pool as a chase crew. If relieved beyond Barstow the relief will come from the extra boards in San Bernardino or Needles depending on direction.

Bakersfield LP:

If a westbound long pool engineer expires under the HOS between Needles and Barstow, note this does not include Barstow, or if an eastbound long pool engineer expires under the HOS between Bakersfield and Barstow, note this does not include Barstow, the relief engineer must come from the long pool as a chase crew. If relieved at Barstow and beyond the relief can be called either as a short pool chase crew out of Barstow or as a relief crew from the Needles extra boards.

Los Angeles LP:

If a westbound long pool engineer expires under the HOS between Needles and Barstow, note this does not include Barstow, or if an eastbound long pool engineer expires under the HOS between Los Angeles and Barstow, note this does not include Barstow, the HOS relief engineer must come from the long pool as a chase crew. If relieved at Barstow and beyond the relief can be called either as a short pool chase crew out of Barstow or as a relief crew from the Needles extra boards.

Claim for Short Pool crew Used

Submit as a special claim. Select category MISCELLANEOUS PENALTY/ARTICLE IX then select 73.

Sample: Claiming a basic day account I was called off the away from home terminal board to dogcatch the (Train Symbol) at (MP Location). This train is assigned to the San Bernardino long pool and per the Needles to San Bernardino Long Pool Agreement, Section 9, my board does not stand to protect this assignment and this should have been called from the Needles extra boards.

Claim for Extra Board or Long Pool Employees Not Used

The 1st out Engineer and Conductor on the extra boards in Needles are due a claim if a short pool AFHT crew is used to dogcatch a San Bernardino long pool either in Barstow or beyond. This claim is only due when a San Bernardino long pool crew is relieved by a short pool crew east of Barstow. This claim does not apply to the Bakersfield or Los Angeles long pools.

Submit as a special claim. Select category MISCELLANEOUS PENALTY/ARTICLE IX then select 73.

Extra Board Sample: Claiming a basic day account I was 1st out on Needles (Board #) and (Employee was called off the short pool AFHT board (Board #) at (Time) to dogcatch (Long Pool Train Symbol) at (Location). This train is assigned to the Needles to San Bernardino Long Pool and relief service between Barstow and Needles must come from the Needles extra board per Section 9 of the Needles-San Bernardino Agreement.

Long Pool Sample: Claiming a basic day account I was 1st out on Needles/San Bernardino (Board #) and (Employee was called off the short pool AFHT board (Board #) at (Time) to dogcatch (Long Pool Train Symbol) at (Location). This train is assigned to the Needles to San Bernardino Long Pool relief service must be called from the pool when the train is relieved between Needles and including Barstow per Section 9 of the Needles-San Bernardino Agreement.

Side Trip (SD)

A side trip occurs when a crew is required to make a side trip on a branch line between their initial and final terminal.

·         If told about the side trip prior to departure, engineer is due time or miles (whichever is greater)

·         If told about the side trip after departure, engineer is due a basic day penalty.

Submit on a working ticket using the CA code SD.

Switching Limits (MS)

When road crews are instructed to either pickup or deliver a train between the old switching limits and new switching limits, you will be paid the following mileage in addition to your trip rate. These additional miles will not be used to calculate when overtime starts. These miles will not be paid automatically and will need to be claimed on your working ticket using code “MS”. If required to pickup or deliver a train beyond the new switching limits see Run Off Assigned Territory (RO). This claim is due to the whole crew. MS miles are not due when swapping at the steps in Barstow.

Prior Limits                                  New Limits              Miles Due

Cajon Sub:   MP 4.7                     MP 13.7                   18 Miles

Mojave Sub: MP 752                    MP 758                    12 Miles

Needles Sub:   MP 745.05               MP 735.9                 20 Miles

Submit on a working ticket using the CA code MS.

Sample:

• • • Cajon Sub - I picked up my train at MP 6.7 on the Cajon Sub and operated back through Barstow to Needles. Claiming 18 miles code MS in accordance with the Barstow GSL extension agreement.

    • Mojave Sub - I picked up my train at MP 757.2 on the Mojave Sub and operated back through Barstow to Needles. Claiming 12 miles code MS in accordance with the Barstow GSL extension agreement.

Trading Trains (TT) *Engineer Only*

Engineers are due payment when trading trains with another crew while enroute in Interdivisional Service.

Claim 1 hour (16 Miles) per occurrence. You are due 16 miles each time you are swapped regardless of whether service is performed. TT is only due after you have departed switching limits.

Submit on a working ticket using the CA code TT.

Used Off Assignment (26A/26B) *Engineer Only*

Home Terminal (26A)

Engineers that are used off their regular assignment while at the home terminal are due the difference in pay from what they made while used off and what they would have made had they remained on their regular assignment.

Submit as a special claim. Select category USED OFF ASSIGNMENT/HELD OFF TURN then select 76 STEPUP/WORK OFF TURN.

Sample: Claiming the difference in pay from what I made while dogcatching on (Date) and what engineer (Name) made on his roundtrip Needles to Winslow and return. I was called off board 35 at Needles to protect extra work. I am not on the extra board. I worked the (Train Symbol) at (Date & Time) and engineer (Name) worked the (Train Symbol) from Needles to Winslow and the (Train Symbol) from Winslow to Needles on (Date & Time). Engineer (Name) followed me on board 35 at Needles and as per Rule 26 “A” of the 1973 BLE agreement I am entitled to the difference in pay.

Away from Home Terminal (26B)

Engineers that are used off their regular assignment while at the away from home terminal are due the earnings of the engineer behind them on their return trip home in addition to what you made while used off.

Submit as a special claim. Select category USED OFF ASSIGNMENT/HELD OFF TURN then select 76 STEPUP/WORK OFF TURN.

Sample: Claiming all earnings of engineer (Name) on his trip from Barstow to Needles on (Date & Time) account I was used off the freight pool board at the away from home terminal to work in short turn around service. I was called at (Date & Time) for the (Symbol) to take the (Train Symbol) from (Location) to (Location) and return to Barstow with lite power. Engineer (Name) followed me on board 59 at Barstow and as per Rule 26 “B” of the 1973 BLE agreement I am entitled to what engineer (Name) made on his trip from Barstow to Needles on (Train Symbol) in addition to what I made on the turn. It is the obligation of the Carrier to sufficiently man the engineers extra board at Barstow to keep from using the away from home terminal engineers or pay the penalty payment of all earnings of the engineer who stood behind me.

Used Off District

Engineers will be kept on the district to which assigned and will be run off their district only in case of emergency. When engineers are run off their assigned district in an emergency, they will be deadheaded back to their assigned district on the first available train, except in the event there are no engineers available at the district terminal into which they are used to protect trains operating in the direction of the district to which assigned they may be used in service back to their assigned district. Engineers used off their district are due the difference in what they made while used off and what they would have made if they had remained on their assignment. If not deadheaded home upon arrival at the final terminal they are due a basic day.

Submit as a special claim. Select category USED OFF ASSIGNMENT/HELD OFF TURN then select 76 STEPUP/WORK OFF TURN.

Used off district sample: Claiming the difference in pay from what I made while used off my district on (Date) and what engineer (Name) made on his roundtrip Needles to Winslow and return account I was called off board 35 at Needles to work off my district. I worked the (Train Symbol) at (Date & Time) and engineer (Name) worked the (Train Symbol) from Needles to Winslow and the (Train Symbol) from Winslow to Needles on (Date & Time). Engineer (Name) followed me on board. Please pay the difference in pay per the 1973 BLE Agreement Rule 23 Section “A”.

Submit as a special claim. Select category MISCELLANEOUS PENALTY/ARTICLE IX then select 73.

Not deadheaded home sample: Claiming a basic day account, I am assigned to the Seligman subdivision, board 35 at Needles and I was called to work from Needles to Barstow on the Needles subdivision. When I arrived at the away from home terminal, I was not deadheaded back to my home terminal as required by Rule 23 “A” of the 1973 BLE agreement. As per agreement, I can only be held at the away from home terminal is if there are no engineers available. There were engineers at the away from home terminal to protect the trains on the eastbound line up, Barstow to Needles. (list the engineers at the away from home terminal).

Used Off Twice

Engineers at the AFHT are not to be used off a second time without first making a return trip home if there are other rested engineers on the board. To comply with this, engineers may be runaround without penalty to the Company.

Submit as a special claim. Select category MISCELLANEOUS PENALTY/ARTICLE IX then select 73.

Sample: Claiming a basic day account, on (Date) I was used off at the AFHT on (Train/Job) and was released at the away from home terminal. Upon my rest I was again used off at the AFHT on (Train/Job). As per rule 30 Section “F” of the 1973 BLE agreement, I am not to be called for a second trip, Switch engine, work train, or turn around service until after having made a trip to my home terminal. There were other away from home terminal engineers on the board that were rested and available to work this extra work. List the first available engineer.

Waiting for Lodging (WL)

If a room is not available when the engineer arrives at the lodging facility where rooms are to be obtained, the engineer will be paid on a minute basis at the pro rata rate paid for the last service performed for all time in excess of thirty (30) minutes until a room is available. This includes all time in transportation and waiting to for a room at an overflow hotel. The 30-minute time starts when you are denied a room. Claim 16.25 miles per hour from the time the room was denied until a room is made available.

Submit on a working ticket using the CA code WL.

Waiting for Transportation (WT)

Bakersfield Long Pool:

When a Bakersfield long pool crew has expired on the hours of service, claim pay on a minute basis of 16.25 miles per hour until transportation departs to the final terminal per the Bakersfield long pool agreement section 7.

Los Angeles Long Pool:

When a Los Angeles long pool crew has expired on the hours of service, claim pay on a minute basis of 16.25 miles per hour until transportation departs to the final terminal per the Needles to LA long pool agreement section 10.

Seligman Sub:

When working in Interdivisional Service and crew has expired on the hours of service, if vehicular (Van/Supervisor Vehicle) transportation does not arrive within one (1) hour then claim pay on a minute basis of 16.25 miles per hour until transportation arrives.

Submit on a working ticket using the CA code WT.