What is a claim?

In the rail industry claims are the method used to file a grievance. Claims are filed when a violation of our agreements occurs. The penalty for an agreement violation can range from makewhole (difference in pay), stipulated payment (set amount of miles or dollar value) or a penalty day (basic day). The payment depends on the type of violation. Claims that don't include all the necessary information or are poorly written are extremely hard to get paid. This division has built a claim book that list many of the most common agreement violations and gives an example of how these claims should be submitted. 

IMPORTANT INFO REGARDING CLAIMS

• All claims need to include the necessary information to get them paid. Adding too much additional information that is needed does not get them paid and in some cases can make it harder for the local chairman to get these claims paid. When submitting a claim please reference the claim book for an example of the information that is needed.

• Engineers and Trainmen have separate agreements that can be very different. Some claims are due to both the engineer and the trainmen but many are not. Refer to the appropriate claim book for more information on each craft.

• Under the Railway Labor Act that governs the rail industry, all claims disputes that cannot be resolved locally are considered "minor" disputes and must be handled through arbitration. This is a long process that can take years to complete. This is another reason why claims should be submitted with the required information.

• Types of claims

  • Good Claims - Claims submitted because an agreement was violated.

  • Bad Claims - Claims that are submitted in good faith when the employee believes the agreement has been violated.

  • Fraudulent Claims - Claims that are intentionally submitted for something that did not occur or with false information. SUBMITTING FRAUDULENT CLAIMS IS CONSIDERED STEALING. Employees accused of submitting a fraudulent claim will be charged with dishonesty and will stand for dismissal. Submitting a claim that is found to not be a good claim is not the same as submitting a fraudulent claim.