BLET Educational Memo 2013-03
One of the most common claims is that of a “runaround” where an employee who is 1st out, available and qualified for an assignment is bypassed by CMC in favor of another employee. This happens at times because CMC despite what they claim, makes errors even with all the technology available to them to call crews properly.
The biggest key to the runaround claim is knowing your agreement, and knowing where you stood on the pool or extra list at the time the incident took place.
The TSSA Agreement language is as follows:
ARTICLE 38 - NOT CALLED IN TURN/RUNAROUND
- Regular Assigned
When assigned to regular runs or jobs that receive a call to report for duty, and are not
called or used through no fault of their own, Engineers will be paid not less than the earnings of
the Engineer filling the assignment. This will not apply to Regular Assignments that do not
receive calls to report for service, but have a regular start time (show up assignments).
B. Unassigned Service
1. Where Engineers are run first-in, first-out and they are not called for
service in their proper turn through no fault of their own, the first-out available Engineer will be
considered as having been run-around and will be paid at the rate of the class of service for
which the Engineer should have been called as follows:
- One-half (½) day if service is performed within eight (8) hours.
b. One (1) day if service is not performed within eight (8) hours.
c. If the trip or tour of duty for which they should have been called is
actually completed before they report for duty, they will then be allowed the amount they would
have earned on that particular trip, but no further payments to apply. It is understood that
payments made under this rule in no way change the standing of the Engineer who should have
2. If an Engineer runs-around more than one Engineer on the extra board or
pool, only the first out Engineer will be considered as run-around.
3. The foregoing paragraphs do not apply when using the Engineer most
quickly available to man wreck trains or other emergency service. (Emergency service as used
herein means only the immediate movement of trains to protect life or property.)
So, what’s this mean?
Say you’re 1st out in your pool, and they deadhead the 2nd out engineer out of turn in violation of the agreement. (NOTE: Some pool agreements which supplement the TSSA agreement allow for DH out of turn under certain conditions, i.e. crews called off inactive at Home terminal of AFHT engineer that is deadheaded etc…)
You get called to work 30 minutes after they call the DH for train XXXX-23, you should put in for 4 hours under code CA describing in the claim what happened and who ran around you, the time it happened etc…. add to the claim “play caller tapes” at the end of the claim. This tosses the onus of responsibility upon the carrier to “play the tapes” to figure out what went wrong. If they don’t this may benefit you further down the line in the Claims process.
PRMU.PRCX TEXT SCREEN 10/01/13 09:13
DATE: 093013 TRAIN/JOB: NONE YARD/AUTH:
CLAIM TEXT FOR CON CODE CA FOR EMPLOYEE ID 790087 GW LUND
IDENTIFY ISSUE - RUNAROUND, DISPLACEMENT, OTHER: Runaround____________
DATE & TIME OF ISSUE (MMDDHHMM)? 093013 0900__
NAME & ID INVOLVED IN ISSUE OTHER THAN YOURSELF: _A.B.Jones #232300_____________________________
TRAIN/JOB/LOCATION INVOLVED: _QC 434 Buffalo,NY__________________________________
ON DUTY TIME OF JOB INVOLVED (HHMM): 0900____
LOCATION OF JOB: _QC 434_________________________________________________________
AGREEMENT & ARTICLE VIOLATED: _TSSA Article 38__________________________________
Text: Allow 4 hrs pay account 1st out/rested/available/qualified on the AY-BE E1 extra list and was not called for the B892-30 assignment which was called for 0900 on 9/30/13. A.B.Jones 2nd out engineer was given assignment by CMC which violated TSSA Article 38. Play caller phone tapes, review phone logs as proof of failure. Claim is for 8 hrs pay
Under the same set of circumstances, say you get runaround, and then don’t go to work until AFTER that employee who ran around you returns to the pool or extra board, you would then be entitled to the earnings of what that employee made. Let’s say you were 1st out, got runaround by an employee who went to work on a local, that made 12 hrs (8 hrs plus 4 hrs OT), you remained 1st out for 24 hrs, and that other employee marked back to the board after working 12 hrs, you’d be entitled to what that other employee made.