Room Not Provided Within 30 Minutes of Tie-Up
(PLB 6312, Award 269)
The claims
When not provided a room at the Carrier’s designated lodging facility within 30 minutes of off-duty time, a penalty claim for a basic day should be submitted for not being provided suitable lodging within a reasonable period of time in accordance with Article II of the UTU/BLE 1964 National Agreement.
Required Documentation:
In order for such claims to be valid, after receiving a room, an employee must contact CMS to adjust his/her legal rest period, and the following essential information must be included when submitting the claim to your Local Chairperson:
Example:
ON [date], I ARRIVED AT OUR AFHT AT [circ7] ON THE [train symbol]. I TIED UP OF MY DUTIES AT [time] FOR [time], AND DEPARTED THE DEPOT AT [Time] TO OUR AWAY FROM HOME LODGING, ARRIVING AT [time]. I WAS INFORMED ON ARRIVAL BY THE DESK CLERK THAT WE WOULD HAVE TO WAIT ON ROOMS. TOTAL WAIT TIME AT THE HOTEL FOR A ROOM WAS [wait time]. REST TIME WAS ADJUSTED UPON RECEIVING MY ROOM FROM ORIGINAL REST TIME OF [time], TO THE NEW REST TIME OF [time]. CLAIM IS VALIDATED BY PLB 6312, AWARD 269, AND THE FRA'S FEBRUARY 3, 2004 MEMORANDUM WITH THE SUBJECT "SUITABLE FOOD AND LODGING AT DESIGNATED TERMINALS; HOURS OF SERVICE ACT INTERPRETATION". CLAIM SUBMITTED IS A PENALTY CLAIM OF A BASIC DAY FOR NO ROOM PROVIDED WITHIN 30 MINUTES OF OFF DUTY TIME AT THE CARRIER'S DESIGNATED LODGING FACILITY. THANKS.
When not provided a room at the Carrier’s designated lodging facility within 30 minutes of off-duty time, a penalty claim for a basic day should be submitted for not being provided suitable lodging within a reasonable period of time in accordance with Article II of the UTU/BLE 1964 National Agreement.
Required Documentation:
In order for such claims to be valid, after receiving a room, an employee must contact CMS to adjust his/her legal rest period, and the following essential information must be included when submitting the claim to your Local Chairperson:
- Time off duty.
- Time of departure from off-duty point.
- Time of arrival at the lodging facility.
- Time room was received.
- Printout of CMS record showing original rest time.
- Printout of CMS record showing adjusted rest time.
- Reason for the delay in getting a room (ie: waiting for transportation to lodging facility, waiting for a clean room, etc).
Example:
ON [date], I ARRIVED AT OUR AFHT AT [circ7] ON THE [train symbol]. I TIED UP OF MY DUTIES AT [time] FOR [time], AND DEPARTED THE DEPOT AT [Time] TO OUR AWAY FROM HOME LODGING, ARRIVING AT [time]. I WAS INFORMED ON ARRIVAL BY THE DESK CLERK THAT WE WOULD HAVE TO WAIT ON ROOMS. TOTAL WAIT TIME AT THE HOTEL FOR A ROOM WAS [wait time]. REST TIME WAS ADJUSTED UPON RECEIVING MY ROOM FROM ORIGINAL REST TIME OF [time], TO THE NEW REST TIME OF [time]. CLAIM IS VALIDATED BY PLB 6312, AWARD 269, AND THE FRA'S FEBRUARY 3, 2004 MEMORANDUM WITH THE SUBJECT "SUITABLE FOOD AND LODGING AT DESIGNATED TERMINALS; HOURS OF SERVICE ACT INTERPRETATION". CLAIM SUBMITTED IS A PENALTY CLAIM OF A BASIC DAY FOR NO ROOM PROVIDED WITHIN 30 MINUTES OF OFF DUTY TIME AT THE CARRIER'S DESIGNATED LODGING FACILITY. THANKS.
