Sample Claims Results:
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RULE 58 Combination Switch and Road Service
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RULE 58 Combination Switch and Road Service |
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| Premise: |
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This
claim is for the XC34 when they work the south and west local. Claim $24.68 in lost earnings for CMS put me
on duty as a 130 mile local when combination switch and road service is rated
at a 100 mile basic day.
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| Wording: |
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I.A.W.
UP Eastern District rule 58, claim $24.68 in lost earnings for CMS placed me on
duty for the KP643 AT30 LDB15 06 at 00:00 at 130 mile basic day instead of the
100 mile combination switch and road service rate.
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| Items to provide when appealing this claim: |
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Turn in the claim itself to the UTU box at north yard.
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Carrier not allowing RCL training.
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Carrier not allowing RCL training. |
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| Premise: |
| This claim is for trainman who want to be RCL qualified and the carrier refuses to train and qualify them on RCL. |
| Wording: |
| I.A.W. UTU 2002 national agreement RCL agreement section 3 part A, claim 100 mile penalty on account that the carrier refuses to provide me with RCL class in which I may be qualified in order to work RCL jobs in the Denver Hub. |
| Items to provide when appealing this claim: |
| Just the claim itself! |
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Guarantee Docked For Evading
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Guarantee Docked For Evading |
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| Premise: |
| This claim is for when you do not have a work event between layoffs and CMS penalizes you a guarantee day for evading. |
| Wording: |
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I.A.W. UPED 1992 extra board agreement article II part F claim $000.00 in lost guarantee, for CMS penalized me for evading on 00/00/11. Thank you. |
| Items to provide when appealing this claim: |
| Be sure to give Mike Seliquini access to your pay screens so that he may process this calim. |
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XC34 Dog catching Pueblo trains
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XC34 Dog catching Pueblo trains |
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| Premise: |
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This claim is for XC34 crews forced to dog catch Pueblo trains when the Pueblo extra board is available. |
| Wording: |
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I.A.W. UP Denver hub agreement claim a 130 mile penalty on account that the corridor manager Authorized me to dog catch the (train symbol) at (location) at (date & Time) when the Pueblo extra board was available to perform this work. |
| Items to provide when appealing this claim: |
| Your trainslip with declination (not your paystub), the declination itself and your FRA tie-up page. If you do not know what theese items are or how to aquire them you must come to union meeting and find out! |
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Rule 41 CMS runs turn before legal rest has expired
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Rule 41 CMS runs turn before legal rest has expired |
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| Premise: |
| This claim is for when CMS runs your turn before your legal rest has expired. This is key when you expire on your hours of service by more than 12 hours CMS will run your turn. Remember if you go dead unless you want CMS to run your turn DO NOT take extra rest. |
| Wording: |
I.A.W. UP Eastern district rule 41,the payment should be made of $000.00 in lost earnings. CMS improperly filled and worked my turn the WD640 (pool assignment) with an extra board employee. I was not rested under the Federal Hours of Service Act, when prior to the completion of my legal rest, CMS failed to hold my turn first out until rested.
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| Items to provide when appealing this claim: |
| Your trainslip with declination (not your paystub), the declination itself and your FRA tie-up page. If you do not know what theese items are or how to aquire them you must come to union meeting and find out! |
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Rule 59 road locals not rested for the next day.
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Rule 59 road locals not rested for the next day. |
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| Premise: |
| This claim is for road local jobs that work up to twelve hours and do not get dog caught in time to be rested for the next assigned day of work. |
| Wording: |
| I.A.W. Eastern district rule 59. Claim lost wages for CMS and the HDC refused to properly relieve me within the RLA hours of service 12 hour limit, thus causing me to not be rested for my next tour of duty. While working the LDI60 22 I notified dispatcher XXX at 00:00 and told them that my hours of service expired at 00:00. I was not relieved until 00:00 and did not get to tie up until 00:00. |
| Items to provide when appealing this claim: |
| Your trainslip with declination (not your paystub), the declination itself and your FRA tie-up page. If you do not know what theese items are or how to aquire them you must come to union meeting and find out! |
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Mileage Claim Eastern District Rule 40A
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Mileage Claim Eastern District Rule 40A |
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| Premise: |
| CMS not allowing local chairman to regulate the pool miles. |
| Wording: |
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I.A.W. EASTERN DISTRICT RULE 40 A CLAIM 350 MILES THAT I WAS NOT ALOTTED TO RUN FOR THE MONTH OF JULY. FOR CMS MANPOWER REFUSES TO LET LOCAL CHAIRMAN TO REGULATE POOL CREWS IN THE DENVER TERMINAL. |
| Items to provide when appealing this claim: |
| Paystub with declination and the claim itself. |
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FR CLAIM FOR LOST GUARANTEE
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FR CLAIM FOR LOST GUARANTEE |
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| Premise: |
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THIS CLAIM IS FOR BEING HELD IN FR. |
| Wording: |
| IAW 1992 CREW CONSIST AGREEMENT (B), (C), (D) AND (F). CLAIM $000.00 FOR A BASIC DAY FOR CMS PENALIZED ME FOR BEING LAID OFF FR. I WAS PUT INTO FR FOR 48 HOURS BY THE RAIL LABOR ACT FROM 07/23/09 00:00 TIL 07/25/09 00:00. THANKS. |
| Items to provide when appealing this claim: |
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Additional Service Rule 41(9)
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Additional Service Rule 41(9) |
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| Premise: |
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(If instructed to perform additional service before arriving objective terminal) 130 miles penalty per Rule 41(9). This claim is for when you are on duty for a train. see claim below if you are in dh status while enrout to final terminal. |
| Wording: |
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Ref Rule 41 Part(9). Claim 130 miles penalty account instructed to perform service on train SYMBOL at station NAME. We finished service on train SYMBOL at STATION and got into Renzenberger van NUMBER and DH to STATION to crew train SYMBOL @ TIME. DISP NAME instructed us at TIME to perform this service. |
| Items to provide when appealing this claim: |
- Copy of Delay report.
- Copy of =PE (fill out FRA report properly)
- Copy of pay stub With Declination Number
Please notify Local Chairman so he can put a run around claim in for crew that should have caught the train. |
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Call and Release
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Call and Release |
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| Premise: |
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Claim if you are called and not used. |
| Wording: |
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Claim 65/130 miles Penalty payment for called & released after 4 hours held or with serviced performed.On Duty LOCATION DATE @ TIME hrs & released from duty LOCATION DATE @ TIME hrs. REF RULE 41(d) & PLB 3736, AWARD NO. 4. |
| Items to provide when appealing this claim: |
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Copy of =PE
Copy of your Pay Stub with decline number
Copy of Call Sheet if Possible |
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Conductor (DH Separate and Apart)
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Conductor (DH Separate and Apart) |
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| Premise: |
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Claim DH Separate and Apart and then told to get on a train while en-route to terminal. REF:Article 6 of the 1985 National Agreement Q&A #3
Please note: If you are notified prior to departing the terminal that you will be getting on a train this claim does not apply. Also if they allow you to tie up on your DH and then put you back on duty 1 minute later this claim does apply. |
| Wording: |
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I.A.W. article 6 of the 1985 National Agreement Q&A #3 claim 130 mile penalty account called to deadhead separate and apart and was instructed by DISP _____ while en-route to the (home/afht) to relieve crew off of train _______ at _______. We crewed train __SYMBOL__at __LOCATION__ at__TIME__. |
| Items to provide when appealing this claim: |
- Copy of FRA report
- Copy of BU
- Copy of =PE
- Copy of pay stub With Declination Number
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Dog Catch at away from home terminal and not paid trip rate
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Dog Catch at away from home terminal and not paid trip rate |
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| Premise: |
| time keeping sometimes has the tendency to pay only 130 miles for each train when dog catching at the away from home terminal when the 2002 agreement states not less thatn a trip will be paid. REF: 2002 National agreement Q & A 18 |
| Wording: |
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I.A.W. the 2002 Section V of the National Agreement Q & A #18 Claim no less than the trip for for train ______ dog caught at _________. I was called to perform hours of service relif while assigned to Thru Frieght Pool I.D. Service in turn____ Pool board _____ in Denver. |
| Items to provide when appealing this claim: |
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Copy of FRA report showing all trains (this is the back bone of your claim)
Copy of BU of each train (ex BU ANPDV 13 a a)
Copy of =PE
Copy of pay stub With Declination Number |
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Engineer (Deadhead Separate and Apart)
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Engineer (Deadhead Separate and Apart) |
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| Premise: |
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Called DH Separate and Apart and then told to get on a train while en-route to terminal. REF: Article 6 of the 1986 National Agreement Q#11. About 2/3 down the page in Q&A section
Please note: if you are notified prior to departing the terminal that you will be getting on a train this claim does not apply or if you are allowed to tie up off of DH and then put back on duty 1 minute later. |
| Wording: |
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I.A.W. article 6 of the 1986 National Agreement Q#11 claim 130 mile penalty account called to deadhead separate and was instructed by DISP. _____ while en-route to the (home/afht) to relieve crew off of train _______ at _______. We crewed train _SYMBOL_at _LOCATION_ at__TIME__." |
| Items to provide when appealing this claim: |
- Copy of FRA report
- Copy of BU
- Copy of pay stub With Declination Number
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Exchange of Trains
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Exchange of Trains |
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| Premise: |
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This will be a valid claim if either crew has less than 2 hours to work. |
| Wording: |
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Claim 130 mile penalty payment account non-compliance of PART VIII, SECTION 7 of the 05/22/1972 ID AGREEMENT. Trains exchanged enroute DATE @ TIME hrs from the TRAIN ID, UNIT ID DIRECTION with CREW POSITION CREW MEMBER on duty LOCATION DATE @ TIME hrs to the TRAIN ID, UNIT ID DIRECTION with CREW POSITION CREW MEMBER on duty LOCATION DATE @ TIME hrs. dispatcher authorized INITIALS SUBDIVISION Subdivision DATE @ TIME hrs. REF IAW 05/22/1972 ID AGREEMENT PART VIII, SECTION 7 & PLB 5912 , AWARD #120 & 121. |
| Items to provide when appealing this claim: |
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Copy of =PE
Copy of your Pay Stub with decline number
Copy of Call Sheet if Possible
Copy of crew boards showing trains called for
FRA Tie up showing both trains with option F8 |
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GRAIN TRAIN OUTSIDE OF LASALLE
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GRAIN TRAIN OUTSIDE OF LASALLE |
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| Premise: |
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Conductors need to enter a service claim for the miles run off the Greeley sub. Your miles claimed are in addition to (above) the basic day. Overtime is not effected by the access miles run outside your assignment. Refer to Rule 57 ot 23(i) when making this claim. Make your cliam according to the service you performed wheteh delivering or receiving the train. Be sure to show the side trip on your FRA tie-up report. |
| Wording: |
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Claim 32.8 miles in addition to the trip rate for making side trip on the Fort collins subdivision under Rule 57. As instructed by the corridor manager, I took train (symbol) from lasalle WD687 to Kelim (WF809)Secured train at WF809 at (TIME) and then retured to Lasalle (WD697) at (time). |
| Items to provide when appealing this claim: |
- Time Slip showing FRA tie-up data
- Recap showing declination number
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Guthrie Award (Pre 85 Only)
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Guthrie Award (Pre 85 Only) |
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| Premise: |
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(Performing service outside or in addition of what you are called for) |
| Wording: |
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Claim HOURS hrs MINUTES min of Guthrie award in addition to regular pay for class of service change from freight to Work, Wreck, Helper, or Pusher service. Class of service change started LOCATION DATE @ TIME hrs & ended LOCATION DATE @ TIME hrs. Disp Authorized INTIALS SUBDIVISION Subdivision DATE @ TIME hrs" REF IAW UTU SCHEDULE, ITEM 68. |
| Items to provide when appealing this claim: |
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Copy of =PE
Copy of your Pay Stub with decline number
Copy of Call Sheet if Possibble |
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LDI60 CLAIM
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LDI60 CLAIM |
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| Premise: |
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Premise: Locals that reach a divisional point are automatically released per Rule 67 (trainmen) Rule 71 (engineers). |
| Wording: |
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"I.A.W. Rule 67 of the Eastern Lines Agreement claim 100 miles at Local rate of pay account I should have been released upon arriving Cheyenne yard which is a division point with train LDI60." |
| Items to provide when appealing this claim: |
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Copy of AT13 board (AE13 for engineers) for each day showing you on the job
Copy of =PE
Copy of pay stub With Declination Number
Track bulletins, train list, Bu's and any other item showing your train in and out of Cheynne
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LODGING CLAIM
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LODGING CLAIM |
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| Premise: |
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Public Law Board 6312 and 269 was awarded to a fellow brother who did not receive his room within the alotted 30 minutes as stated under the FRA's "Suitable food and lodging at designated terminals, Hours of Service Act Interpretation" in 1990. Be sure to adjust your rest from the time that you recieve your room key. Another words if the time from your departure from the tie-up point until you recieve your room key is 50 minutes, then adjust your rest 50 minutes from your tie-up time. You must call CMS to do this. |
| Wording: |
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I.A.W. PLB 6312, Award 269, PLB 5916, Award 24, PLB 5739, Award 47, FRA FEB 3rd 2004 Memorandum, and ARTICLE II, Section 1 of the UTU/BLE 1964 National Agreement allow 130 mile penalty account did not receive room within the allotted 30 minutes after tie up. Tied up off assignment (train) at (time). Departed Bond/Pburg at (time) and arrived Lodging facility at (time) and was given room key at (time). |
| Items to provide when appealing this claim: |
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1. Copy of working time slip showing what time you were off duty.
2. Time of departure from off duty point.
3. Time of arrival at lodging facility.
4. Time room was received.
5. Copy of job history for pool showing original and adjusted time.
6. Reason for delay (ie. waiting for transportation, waiting for room to be cleaned.)
NOTE: For any reason if van is stopped while enroute to hotel no claim should be submitted.
DOWNLOAD PDF TABLE DOWNLOAD WORD FILE |
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Make Whole
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Make Whole |
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| Premise: |
| UTU SCHEDULE ITEM 92(t) & PLB 164, AWARD NO. 186 &187 |
| Wording: |
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Claim 65 miles penalty payment for regular conductor off assignment Set-Up plus MILES miles Make Whole entitlement. On duty LOCATION DATE @ TIME hrs for the JOB ID job off regular Conductor assignment Turn TURN ID on the BOARD ID board & tied up LOCATION DATE @ TIME hrs. Turn TURN ID with CREW POSITION CREWMEMBER On duty LOCATION DATE @ TIME hrs for the JOB ID job & LOCATION DATE @ TIME hrs for the JOB ID job. REF IAW UPED - UTU SCHEDULE ITEM 92(t) & PLB 164, AWARD NO. 186 &187. |
| Items to provide when appealing this claim: |
- Copy of crew boards showing turn
- Copy of =PE
- Copy of pay stub With Declination Number
- Copy of Call Sheet if Possible
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Non Zone Dogcatch
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Non Zone Dogcatch |
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| Premise: |
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A Dog catch short turn around which allows you to dog catch 1 train only outside of the terminal limits. NOTE: It is a good idea Keep a copy of each BU of each train and make notes on them.
If you are made to dog catch another train Claim additional 130 miles per automatic release RULE 67 (CON) and RULE 71 (ENG). Also REF: PLB 6531 |
| Wording: |
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"I.A.W. PLB 6531 Case 7, Award 7. Claim trip ACYDV-10 as Follows: Claim 130 miles for dog catching train ACYDV-10 and then Claim additional 130 miles for dog catching train CPSEY-11. I was called to only dog catch 1 train and was not called for zone dog catch service. Please see FRA Tie-up data of all trains handled during tour of duty." |
| Items to provide when appealing this claim: |
- Copy of FRA report showing all trains handled
- Copy of BU of each train (ex BU ANPDV 13 a a )
- Copy of =PE
- Copy of pay stub With Declination Number
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Sample Claims Results:
1
2
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