Educational memo 13-04
Hours of service claims.
One of the more common claims of late has been the “hours of service” or “HS” claim.
There are types several hours of service claims, some deal with working a 6th or 7th day and then being unable to cover your subsequent assignment(s), some deal with the carrier not “holding” your assignment until you become rested.
Whatever the case might be, make sure you know what your agreement states with relation to hours of service claims or “claiming rest”.
Under the TSSA Hours of service claims generally fall under Article 41 Claiming Rest, and there is set criteria for both the employee and employer (Carrier) to follow. Article 41 reads as follows:
ARTICLE 41 – CLAIMING REST
A. An Engineer may claim eight (8) or ten (10) undisturbed hours of rest upon completing a service trip. When rest is claimed, it may not be rescinded. An Engineer may claim eight (8) or ten (10) hours undisturbed rest after completing a service trip into the terminal and will not be disturbed until rest is completed.
B. An Engineer may not claim other than the rest required under the Hours ofService Law when completing a separate deadhead into the away from home terminal following rest unless the time consumed in the deadhead exceeds eight hours on duty. An Engineer may claim eight (8) or ten (10) hours undisturbed rest after completing a deadhead trip into the home terminal and will not be disturbed until rest is completed.
C. An Engineer claiming rest under this rule will not be deprived of his turn, and if an Engineer is needed before his rest period has expired and the next available Engineer in the same class of service is used, the Engineer having requested rest will be considered first out for service after his rest period has expired.
D. Regular assigned Engineers in road or yard service required to work twelve (12)hours will resume work when their rest is up under the Federal Law and then be permitted to work or paid therefore.
Questions and Answers
Q-1: If a regular assigned Engineer (Road or Yard) is not rested under Federal law for his assignment and CSXT does not hold the assignment until the Engineer is rested and uses another Engineer, what will the Engineer be allowed?
A-1: The Engineer will be allowed the earnings he would have earned had he worked the assignment.
Q-2: Will an Engineer covered under this Article be considered as not being available under any guarantee or provision of this agreement and denied payment or be charged with any absenteeism policy violation?
A-2: No, for absenteeism; and Yes, for adjustments to guarantees if they miss their turn due to claiming more than FRA rest.
What is key in the above Article especially for those with regular assignments is paragraph D and Q&A #1. If the Carrier does not hold the assignment for your rest, you are entitled to the earnings you would have made had you worked the assignment (include EC money in this amount, as well as any overtime the employee working your assignment made).
This currently applies to claims where you make a seniority move as well (i.e. on Saturday) This is under arbitration at the DRC level so there will be more forthcoming on the issue.
For those on Road Switchers even if the Carrier holds the assignment for your rest
your pay starts at the time you are scheduled to report, and your Hours of service starts at the time of actual report. For example:
You own the B898 scheduled to report 0800 M-F. On Monday you work 0800-2200 requiring 12 hours of rest, and Carrier (TM or CMC) says report back on Tuesday on your rest at 1000 hrs. Your pay starts at the scheduled time of report which is 0800, while your report time(or hours of service report time) is 1000 hrs because of Federal rest. You’ll probably have to claim the additional time under code AS however you as the claimant are entitled to the additional time under the Article (See Article 55 Q&A #3 below):
Article 55 Road Switchers
Q-3: Can CSXT hold the assignment until the regularly assigned Engineer is rested as an option under Paragraph F (3)?
A-3: Yes, and if so held for his rest, the Engineers pay will start at the regularly advertised time, but his Hours of Service will start from the time he reports for duty on completion of his rest.