Step-Ups
The Claim:
Required Documentation:
Required Claim Language:
Was called off (circ-7 and board ID) pool @ hrs to work the (irregular job called for). Claim 65 mile penalty and make whole payment for the difference in earnings that my regular assignment, the (regular assignment circ and ID), made. My regular assignment was called on duty at hrs and tied-up back in home terminal at hrs.
OR
Was senior bidder and available for (circ-7 and extra board ID) board on (date) at hrs when Conductor (Name) was stepped-up from his regular turn for the (Job/train stepped up to). According to item 43d of the conductors extra board agreement in force, I should have been used to cover such vacancy before other crews were used on an irregular assignment. Claim 130 mile basic day penalty for CMS mishandling.
- Vacancies caused by absence of regularly assigned conductors are to be covered by the protecting conductor extra boards.
- If stepped up, the proper penalty is for 65 miles and the difference in earnings from your regular assignment if you miss it as a result of stepping up. In most instances the 65 mile part of the claim is available on the available claims portion of the tie-up screen.
- If you are the senior available bidder to the conductor’s extra board and CMS improperly uses regular crews instead of using you, you are entitled to a basic day penalty for each time a crew is stepped up.
Required Documentation:
- CMTS Inquiry-"Job History" from your regular assignment showing what you would have worked if not stepped-up.
- A copy of your complete tie-up showing what was actually worked.
- For Senior Available Bidder to Extra Board:
- A copy of the permanent bid list showing you as senior bidder, at the time crews were stepped up.
- Snapshot of your regular assignment showing you were available. If other individuals were ahead of you on the bid list, but were not available for the call, include a copy of their job history showing their unavailability.
- CMTS snap shots showing all crews stepped up
Required Claim Language:
Was called off (circ-7 and board ID) pool @ hrs to work the (irregular job called for). Claim 65 mile penalty and make whole payment for the difference in earnings that my regular assignment, the (regular assignment circ and ID), made. My regular assignment was called on duty at hrs and tied-up back in home terminal at hrs.
OR
Was senior bidder and available for (circ-7 and extra board ID) board on (date) at hrs when Conductor (Name) was stepped-up from his regular turn for the (Job/train stepped up to). According to item 43d of the conductors extra board agreement in force, I should have been used to cover such vacancy before other crews were used on an irregular assignment. Claim 130 mile basic day penalty for CMS mishandling.
Agreement:
Item 43(d), the Conductor Extra Board agreement in force on the Eastern District, governs:
a) When the conductors' extra board is exhausted, vacancies will be filled by the senior conductor available at calling time with written application on file.
b) If no conductor with application on file is available, the junior promoted conductor available at calling time will be used.”
“Application on file” is the listing on the T# function in TCS for the protecting conductor extra board.
“Junior promoted conductor available” means the junior available promoted conductor working as a brakeman at the protecting location. Temporary conductor vacancies are not normally protected by promoted conductors working in yard service at a location. In order to qualify for a make whole and/or a step-up penalty a conductor has to have been called to protect a vacancy for which they did not properly stand by virtue of rule or agreement.
This is stated in Item 92(t):
“A conductor withheld from his regular or temporary assignment and used in road service on an "irregular assignment" as a conductor when he does not stand for such work by virtue of any rule or agreement will be "made whole" by the allowance of the earnings of such irregular assignment or the earnings of his regular assignment, whichever is greater, plus 50 miles for each round trip or tour of duty used on such irregular assignment.”
