Jay L Schollmeyer Local Chairman 1637 Portland, OR 97215 jay@jaysworks.com

 

Claims & Declinations

We are asking that you hard copy your declinations and attach all the supporting documents (Delay report, Call slips, etc) and leave your claim in the box. We can not do much with claims that come to us in the computer without the documentation.

Be sure to check for Declinations regularly, once you go to menu item 15 and if there is a number beside the Declination list (item 3) that starts the 60-day time limit. Don't let the company steal your money by not looking.

Working timeslips shortages or non-payments we need Delay Reports. If there was a partial payment we need your 816 (printout) so we can tell what you were paid and at what rate.

Non-Trip (Penalty claims) All penalty claims must be on the 1B Special Claims. If you make your claim on a working timeslip it will be cut and has to be re-submitted.

Not paid or declined, nothing we can do with a claim unless it is declined or over the 60- day time limit.

Handling FRED's

If you are required to handle a rear end device that is not part of your train. Claim a basic day, you must show the FRED number, who instructed you to handle the FRED, location picked up at and where you delivered the FRED, on both your Delay Report and timeslip

Hammerheads cabooseless operations

For those employees working on cabooseless operations, claim 25 Miles for handling and transporting the hammerhead from the Designated location to your train. Use code 99 on a special claim timeslip. Make sure you put job assignment and conductor’s name on the timeslip.

CLAIM FOR ALL ASSIGNMENTS USING HAMMERHEAD

For those employees required to use the hammerheads, claim a basic day utilizing code 99 on a special claims timeslip.

Final Lite Miles

Post 1985 employees when you leave your train at Lake Yard and bring your power back to Vancouver claim 10 Final Lite Miles (Code FL) they are paying the claims we just need your Delay Report and the Declination.

Switching Conductor Only

You do have the right to refuse to switch conductor only. If you do make a stand be very sure it is a switching move. Inform them you are conductor only and you can not switch without a Brakeman.

If you switch Conductor only the first out Brakeman is entitled to a time-slip.

Example #1

Conductor-only crews may only make straight pick-ups and set-outs between the initial and final terminal of the crew. Straight setout or pick-up means minimum number of tracks. If the track will hold it NO DOUBLE OVERS.
Pick-ups at intermediate stations must be on one track  if the total pickup would fit on one track it .

In initial or final terminals you can make 3-setouts and yard your train, plus take your power to the barn.

Setout at T6, Setout at E St. Johns, Setout at Willbridge and yard your train at Lake Yard plus take your power to the barn.
You can setout in multiple tracks at any or all of the 3-setouts.
After 3-setouts you must dispose of your train the minimum number of tracks. If the track will hold it NO DOUBLE OVERS.

Example #3

Vancouver your instructed to set cars in b4, cars in B5 and the remainder of your train in B4. Once you come back to the same track. Anytime you go back into the same track this is switching and may refuse the move.

6. Q. Can an employee refuse to commence or continue to work with less then the required crew consist or to perform more than the number of initial or final terminal work events described in this agreement?

A. Yes. An employee is not required to work with less than the basic crew except in conductor only service. A conductor working alone pursuant to Article I. Section 2 can refuse to perform station switching between terminals or to perform more than the number of work events prescribed by PEB 219 at initial or final terminals where yardmen are employed and on duty.

1993 Crew Consist Questions & Answers page 3 question #8
8. Q. Can the Carrier simply designate conductor-Only pools or assignments as through freight service in order to operate conductor-only?

A. Such designation in and of itself does not allow conductor-only service. Conductor-only crews will not be required to perform duties in excess of those identified in Article I. Section 2 and will not be censured or disciplined in any manner for refusal to do so as is provided in Article 12 of the December 5th, 1980 crew Consist Agreement.

1. Q. Article X allows the carrier to attach a utility yardman to a road crow in order to provide assistance to the crew. Does this affect the amount of work a conductor-only crew can perform at terminals under the terms of this Agreement?

A. No crews in conductor-only operation are allowed to do certain work events at terminals, without regard to whether or not a utility yardman assists with such work.

Engines

The problem with unsanitary engines continues to plague the BNSF. The toilets must be clean and sanitary. If they are not, use the empowerment word. Tell the trainmaster or who ever that the toilet is UN-SANITARY and poses a very real health risk.

Attached is the FRA Cab Safety Requirements. Remember if the engine does not meet the FRA Cab Standards water on the floor, burned out light in the head that is an FRA defect and must be repaired to be lead qualified.

Report Non-complying Engines

Report Non-complying engines to the Mechanical Desk and please leave us a message with the engine number and the date and time reported to the Mechanical Desk.

BN Engines

Under Arbitration Award 419 you may refuse to depart the Terminal if the engine does not meet the following requirements. You could be asked to move your train before making repairs, which is legal as long as you do not depart. If you leave with the engine and claim a basic day Labor Relations will decline payment as you could have refused the engine.

1. Sanitary toilet.
2. Controlled heat.
3. Paper towels, toilet paper, cooled sanitary water in sealed containers, and a dispenser of hand cleaner, will be supplied in quantity sufficient to make the trip.
4. Windows and doors in condition to provide adequate protection against weather conditions.
5. A seat for conductor will be provided with a mounted writing surface with adequate lighting. Also, all stationery and supplies necessary will be provided.
6. Refrigerator for water cooling and lunches will have to be investigated —— no agreement as to size was made. (This did intend that a refrigerator (cooling device) would be furnished for these purposes and that the parties agreed. For BN R.R. JAL.

Santa Fe Engines

You can not refuse a ATSF engine. In PLB 6003 Award No. 46 states that you are entitled to 2 hours pay (code 295) for NO DESK or CONDUCTORS LIGHT. When you make this claim you must include location & time you reported the engine and who told you to leave with the engine on both your Delay report and timeslip

[Code of Federal Regulations]
[Title 49, Volume 4, Parts 200 to 399]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR229.119]

Sec. 229.119 Cabs, floors, and passageways.

1. Cab seats shall be securely mounted and braced. Cab doors shall be equipped with a secure and operable latching device.
2. Cab windows of the lead locomotive shall provide an undistorted view of the right-of-way for the crew from their normal position in the cab. (See also, Safety Glazing Standards, 49 CFR part 223, 44 FR 77348, Dec. 31, 1979.)
3. Floors of cabs, passageways, and compartments shall be kept free from oil, water, waste or any obstruction that creates a slipping, tripping or fire hazard. Floors shall be properly treated to provide secure footing.
4. The cab shall be provided with proper ventilation and with a heating arrangement that maintains a temperature of at least 50 degrees Fahrenheit 6 inches above the center of each seat in the cab.
5. Similar locomotives with open-end platforms coupled in multiple control and used in road service shall have a means of safe passage between them; no passageway is required through the nose of car body locomotives. There shall be a continuous barrier across the full width of the end of a locomotive or a continuous barrier between locomotives.
6. Containers shall be provided for carrying fusees and torpedoes. A single container may be used if it has a partition to separate fusees from torpedoes. Torpedoes shall be kept in a closed metal container.

Sec. 229.127 Cab lights.

1. Each locomotive shall have cab lights, which will provide sufficient illumination for the control instruments, meters, and gauges to enable the engine crew to make accurate readings from their normal positions in the cab. These lights shall be located, constructed, and maintained so that light shines only on those parts requiring illumination and does not interfere with the crew's vision of the track and signals. Each controlling locomotive shall also have a conveniently located light that can be readily turned on and off by the persons operating the locomotive and that provides sufficient illumination for them to read train orders and timetables.
2. Cab passageways and compartments shall have adequate illumination.

[Page 326]

Yours Truly
JL Schollmeyer
Local Chairman 1637