Denied Make Whole

YOUR CLAIM:

• Called off the pool for a make whole and was not paid after not accepting another call after being rested after shift.

REQUIRED DOCUMENTATION:

• CMTS Inquiry-"Job History" from your regular assignment showing what your turn worked after accepting a call for a make whole.

• A copy of your complete tie-up showing what was actually worked.

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 for (Train ID) at  _______hrs and  tied-up at the far terminal (Circ-7 and Board ID) at  _____  hrs. My turn was then called on duty for (Train ID) at  _______hrs and  tied-up at the home terminal (Circ-7 and Board ID) at  _____  hrs.

Claim is fully supported by Rule 92 (t) which states: “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.”