Automatic Release (Rule 67)
Per Cliff Johnson
Sr. Director - Timekeeping Operations
Omaha, NE
Sr. Director - Timekeeping Operations
Omaha, NE
In the absence of a crew being notified "zone" or "multiple", we consider Rule 67 to be in effect. As such, the conductor will be paid actual miles with no less than a basic day for each trip where the conductor had to depart the terminal, as measured from the switching limits to the head end of the train. In this instance, there is no consideration of whether or not they went beyond the 25 mile radius, 130 miles total, or departing after 8 hours because they will be allowed a payment each time they leave the switching limits. The "run miles" option is used to claim the first trip, and if required to depart a subsequent time, the conductor should use the "second trip/new day" (pay code F2) claim and outline where they went and if they are requesting a basic day or actual miles (where miles exceed 130). FRA Hours of Duty reports, as required by law and company rules, should reflect each train and deadhead movement to/from such trains.
The claim:
REQUIRED CLAIM LANGUAGE:
Was called under rule 67 @ ______ hrs to dog catch the (train symbol) @ mp___. After dogcatching the (train symbol) ,and arriving back at on-duty terminal, was instructed per Dispatcher_____ to dogcatch the (train symbol) at (MP location). Departed (circ-7) terminal limits @ _____hrs in bus (direction, north, east, west, south) . Arrived (MP location)and took charge of train & departed @ _____hrs. Arrived back inside (circ-7) terminal limits @ _____hrs. Claim 130 mile basic day penalty for violation of rule 67, not being automatically released after arrival at terminal.
NOTE:
NOTE 2:
In order to pursue penalty payments to be made in addition to guarantee, in addition to the claim language for the particular penalty, I would include the following statement:
"Per Article II, Part 7(a) of the 1992 Crew Consist Agreement, penalty is to be paid above and beyond any guarantee payments."
- You will claim a basic day for each departure of the terminal switching limits after the first arrival-unless call sheet shows "multiple", then see Multiple (Rule 31) Claims.
- Trip Rate not Basic Day: Per Q&A #18 of the 2002 National Agreement, if dogcatching a train from a trip-rate pool, a trip rate is the appropriate claim.
- Federal Tie-Up (complete and accurate showing all work performed)
REQUIRED CLAIM LANGUAGE:
Was called under rule 67 @ ______ hrs to dog catch the (train symbol) @ mp___. After dogcatching the (train symbol) ,and arriving back at on-duty terminal, was instructed per Dispatcher_____ to dogcatch the (train symbol) at (MP location). Departed (circ-7) terminal limits @ _____hrs in bus (direction, north, east, west, south) . Arrived (MP location)and took charge of train & departed @ _____hrs. Arrived back inside (circ-7) terminal limits @ _____hrs. Claim 130 mile basic day penalty for violation of rule 67, not being automatically released after arrival at terminal.
- Repeat for each terminal departures.
- A trip rate should be claimed in place of a basic day, if dogcatching a train from a trip-rated pool.
NOTE:
- For each violation, the first out available conductor off the Protecting Extra Board is entitled to a 130 mile mishandling claim.
- Save them a copy of your claim
- Print the board standings for Protecting Extra Board showing availability for each violation.
NOTE 2:
In order to pursue penalty payments to be made in addition to guarantee, in addition to the claim language for the particular penalty, I would include the following statement:
"Per Article II, Part 7(a) of the 1992 Crew Consist Agreement, penalty is to be paid above and beyond any guarantee payments."
