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Issued:  January 2008

BLE&T  Division  375

Information concerning submitting

8 hour Penalty Claims for Delayed Lodging at Hotels

and /or Delayed Transportation to Hotels

Crews that are not furnished a clean room, ready for occupation at a Carrier provided lodging facility within 30 minutes of off duty time may submit a miscellaneous penalty claim for 8 hours pay in the class of service they last worked.  A recent Public Law Board sustained the claim of an Amtrak employee for such a claim. 

The Carrier will likely decline these claims and they will be eventually handled through the General Chairman’s Office, likely via arbitration. Therefore, Division 375 will inform you of the status of these claims submitted to Division 375 via mail as we do with any other claim submitted to the Division. It will not be necessary to inquire about the status of these claims once received by Division 375, we will inform you automatically.

Do not submit these claims if you stop enroute to the hotel.

The class of service to use will depend on the train you last worked:
Class 30 - Raleigh, some work trains & extras
Class 25 - Roanoke & Lynchburg, some work trains & extras.

Claims without all of the applicable information /wording will be returned to you.

Claiming 8 hours penalty payment account after working train (include full symbol train 128P201 etc.) and off duty at (time) on (date)we were delayed in obtaining lodging due to...

(Choose ALL that apply from the bulleted list below and include the text in bold in your remarks and include the information required for each delay reason.)

• Delayed waiting on carrier provided transportation.  We were picked up at (location) at (time) and arrived at the hotel at (time);
   
• Delayed waiting on a clean, suitable room, we waited at the hotel from (time) until (time) when we were given access to a room;
   
• Delayed due to being transported to a second lodging facility (list hotel name) under instruction of (Carrier Officer’s Name & Position) due to primary lodging facility having no vacancies.  Transportation from primary lodging to secondary lodging occurred between (time you left 1st hotel) and (time you arrived second hotel;)
   
• Delayed due to traffic congestion, we departed (location) at (time) and did not obtain a room until (time).

Reference PLB 6312, Case 269, Award 269, dated 07-28-2007,

FRA Operating Practices Memorandums: OP-04-03, OP-04-29, OP-04-30,

and for violation of :

(Choose the one agreement below that is applicable)

NS - BLE&T Engineer’s Agreement, 01-01-2007, Article 21 and or Article 22
-- or --
NS - UTU Conducotr and Trainmen’s Agreement, 12-01-1998, Article 25

Submitted by (Your name) (Date) (Time)

Do NOT submit these claims if you stop enroute to the hotel.

The class of service to use will depend on the train you last worked:

Class 30 - Raleigh, some work trains & extras
Class 25 - Roanoke & Lynchburg, some work trains & extras.

Claims without all of the applicable information /wording will be returned to you.

The exact wording described above, MUST be included in your miscellaneous claim remarks.

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Documentation Supporting these claims:

FRA Memorandum Operating Practices 04-03, 2006-02-03
FRA Memorandum Operating Practices 04-29, 2004-02-03
FRA Memorandum Operating Practices 04-30, 2004-02-03
Public Law Board 6312, Case 269, Award 269, 2007-07-28
Public Law Board 5916, Case 24, Award 24, 1999-10-05
Public Law Board 5739, Case 47, (Award,) 1999-04-26
NMB Board of Adjustment (1st Division,) Award 26302, Docket 45538, 2006-07-05

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