Oh No! The Time Limit Ran Out!

Brotherhood of Locomotive Engineers
Division 758

Richard E. Etienne
Vancouver, WA
rick@etnsplace.com

Oh No! The Time Limit Ran Out!

For the past 7 months, this committee has been keeping track of appeals sent to the payroll department for appeal. The time limit was strictly monitored by certified mail to ensure an accurate portrayal of time. Unfortunately, Operating Timekeeping was sorely misinformed of what constituted the time period. This committee remained mum on the issue so as not to tip our hand, but bided our time until operating timekeeping discovered their mistake on their own. This has finally happened. The following batch of correspondence has been sent to that department requesting payment for time claims held over 60 days by their department. As you can see, it is a substantial amount of money. Better in our members hands than the carrier's pockets.

Ms. Maggie Prellwitz
Director, Operating Timekeeping
BNSF Railway
PO Box 1738
Topeka KS 66601

December 5, 2000

Ms. Prellwitz,

The following claims were presented to your department for appeal and received by your office on July 3, 2000. Declinations were issued by your office on September 6, 2000, and postmarked September 8, 2000.

File # 4, dated June 27, 2000 for AD Ferguson claiming 4 days basic day penalty acct. required to use non-complying locomotive. Ticket # NR6918 through NR7329.
File # 5, dated June 27, 2000 for AD Ferguson, claiming 5 days basic day penalty acct. required to use non-complying locomotive. Ticket # NR7486 through NR8426.
File # 6, dated June 27, 2000 for WC Barnes, claiming 6.3 miles code PV. Ticket # CE6199.
File # 9, dated June 27, 2000 for RH McCartney, claiming 12.5 miles code 26, station switching. Ticket # CE7484.
File # 10, dated June 27, 2000 for GA Bryson, claiming a basic day acct. required to use non-complying locomotive. Ticket # KR4192.
File # 11, dated June 27, 2000, for MD Siebold, claiming 2 basic day penalty acct. required to use non-complying locomotives. Ticket # NR4432 and NR4435.

Under the SP&S Agreement, rule 54, these claims were required to be handled within a 60 day time period from date of receipt. These were not. Therefore they are valid and payable at this time. Please advise this committee as to when payment will be made.

Respectfully,

Richard E. Etienne

Local Chairman
Div. 758

Cc: MW Geiger Jr.
Ms. Marka L Hughes

MS MF Prellwitz, Director
Operating Timekeeping, BNSF RY
PO Box 1738
Topeka KS 66601

January 13, 2001

Ms. Prellwitz,

The following claims were presented to your office for appeal on October 9, 2000, and received and (signed for by certified mail in your office) October 13, 2000. This committee has never received declinations. Therefore, under SP&S Rule 54, payment is due and payable.

Claims are as follows:

File # 79, for SA Evans, employee # 488484-7 claim date 9-6-00 etal, claiming 10.2 miles ITD.
File # 81, for RE Williams, employee # 489147-9 claims date 9-17-00 etal, 6.3 miles ITD.
File # 82, for RE Etienne, employee #489656-9 dated 10-04-00, 19.8 miles ITD.
File # 87, for WC Barnes, employee # 504657-8 date of claim 9-12-00, claiming 4.6 miles ITD.
File # 88, for MR Cousineau, employee # 488767-5 dated of claim 8-03-00, claiming 59.4 miles ITD for 4 days.
File # 89, for MR Cousineau, employee # 488767-5, date of claim 9-30-00, 21.9 miles ITD.
File # 94, for MR Cousineau, employee # 488767-5, date of claim 9-6-00, claiming 16.7 miles ITD.

Under the requirements of SP&S Rule 54, these claims are due and payable at this time. Please notify this office as to when payment will be made.

Respectfully,

Richard E. Etienne

Local Chairman
Div. 758

Cc: MW Geiger Jr.
ML Hughes
RL Luther

MS MF Prellwitz, Director
Operating Timekeeping, BNSF RY
PO Box 1738
Topeka KS 66601

January 13, 2001

Ms. Prellwitz,

The following claims were presented to your office for appeal on October 9, 2000, and received and (signed for by certified mail in your office) October 13, 2000. Declinations were mailed from your office on December 15, 2000 (Per postmark on the envelope.) Unfortunately, this exceeds the 60 day time limit per SP&S rule 54, and upheld in NATIONAL RAILROAD ADJUSTMENT BOARD, FIRST DIVISION Award No. 24547, which states:

"It is well settled, and we so find, that the date of receipt determines the date the time limits to respond begins. The Board recognizes that the "date stamp" is within the control of the Carrier. If the Organization lacks confidence in the use of the Carrier's date stamp system, it can go to a U.S. Postal Service Certified Mail, Return Receipt system. "

Claims are as follows: Please note the file numbers listed by your office on some claims do not correspond with the file numbers on file with this committee.

File # 83, for GA Miller, employee # 505256-8, claim date 9-1-00 etal, claiming a basic day penalty for each of five (5) days acct. required to use a non complying locomotive.
File # 84, mislabeled as file # 87 for GA Miller, employee # 505256-8, claim date 9-12-00 etal, claiming basic day penalty for each of nine (9) days acct. required to use non complying engines.
File # 85, (mislabeled in the decline as file # 86), for GA Miller, employee # 505256-8, dated 7-27-00, claiming a basic day penalty for each of two (2) days acct. required to use a non complying locomotive.
File # 86, labeled correctly, for KL Atwood, employee # 489638-7, date of claim 7-26-00, claiming 15 miles overtime, acct the claim for OT was never declined by payroll timekeeping.
File # 90, mislabeled as file # 90, for AT Kehdi, employee # 489638-7, dated of claim 8-29-00, claiming basic day penalty for each of six (6) days, acct. required to use non-complying locomotives.
File # 91, labeled correctly, for WC Barnes, employee # 504657-8, date of claim 8-21-00, claiming 5 basic day penalties acct. denied a seniority move.

Under the requirements of SP&S Rule 54, these claims are due and payable at this time. Please notify this office as to when payment will be made.

Respectfully,

Richard E. Etienne

Local Chairman
Div. 758

Cc: MW Geiger Jr.
ML Hughes
RL Luther

Ms. M.F. Prellwitz Director, Operating Timekeeping
C/O Richard Salay, Mgr. Special Claims
BNSF Railway
PO Box 1738
Topeka KS 66601

January 25, 2001

Ms. Prellwitz,

The following claims were submitted to your office for appeal, postmarked July 14, 2000. Declinations were received from your office postmarked September 18, 2000. Unfortunately, these declinations were held over the 60 day time limit, per SP&S Agreement, rule 54. Therefore, payment is due.

File # 13, for AD Ferguson, employee # 488087-8, claiming a basic day for each of two (2) days, acct. violation of windowbox agreement.
File # 14, for GA Bryson, employee # 733785-0, claiming a basic day penalty for each of two (2) days, acct violation of windowbox agreement.
File # 16, for JA Brentano, employee # 742117-5, claiming a basic day penalty for each of six (6) days, acct violation of windowbox agreement.
File # 17, for JA Brentano, employee # 742117-5, claiming a basic day penalty for each of six (6) days, acct violation of windowbox agreement.
File # 18 for JA Brentano, employee # 742117-5, claiming a basic day penalty for each of six (6) days, acct violation of windowbox agreement.
File # 19, for AD Ferguson, employee # 488087-8, claiming a basic day for each of three (3) days, acct. violation of windowbox agreement.

Please advise this office as to when payment will be made.

Respectfully,

Richard E. Etienne

Local Chairman
Div. 758

Cc: MW Geiger Jr.
ML Hughes
RL Luther

Ms. M.F. Prellwitz Director, Operating Timekeeping
C/O Richard Salay, Mgr. Special Claims
BNSF Railway
PO Box 1738
Topeka KS 66601

January 25, 2001

Ms. Prellwitz,

The following claims were submitted to your office for appeal, postmarked July 26, 2000. Declinations were received from your office postmarked October 05, 2000. Unfortunately, these declinations were held over the 60 day time limit, per SP&S Agreement, rule 54. Therefore, payment is due.

File # 23, for KL Atwood, employee # 489638-7, claiming 17.7 miles code PV, acct. making a second pickup in the Vancouver Terminal.
File # 25, for JA Brentano, employee # 742117-5, claiming a basic day penalty for each of three (3) days, acct violation of windowbox agreement.

Please advise this office as to when payment will be made.

Respectfully,

Richard E. Etienne

Local Chairman
Div. 758

Cc: MW Geiger Jr.
ML Hughes
RL Luther

Ms. M.F. Prellwitz Director, Operating Timekeeping
C/O Richard Salay, Mgr. Special Claims
BNSF Railway
PO Box 1738
Topeka KS 66601

January 25, 2001

Ms. Prellwitz,

The following claims were submitted to your office for appeal, postmarked August 15, 2000. Declinations were received from your office postmarked October 23, 2000. Unfortunately, these declinations were held over the 60 day time limit, per SP&S Agreement, rule 54. Therefore, payment is due.

File # 33, for MD Siebold, employee # 502987-1, claiming a basic day penalty for each of six (6) days, acct. violation of windowbox agreement.
File # 34, for MD Siebold, employee # 502987-1, claiming a basic day penalty for each of seven (7) days, acct. violation of windowbox agreement.
File # 35, for MD Siebold, employee # 502987-1, claiming a basic day penalty for each of five (5) days, acct. violation of windowbox agreement.
File # 37, for WC Barnes, employee # 504657-8, claiming a basic day penalty, acct called outside his call window on a regular assignment.

Please advise this office as to when payment will be made.

Respectfully,

Richard E. Etienne

Local Chairman
Div. 758

Cc: MW Geiger Jr.
ML Hughes
RL Luther

Ms. M.F. Prellwitz Director, Operating Timekeeping
C/O Richard Salay, Mgr. Special Claims
BNSF Railway
PO Box 1738
Topeka KS 66601

January 25, 2001

Ms. Prellwitz,

The following claims were submitted to your office for appeal, postmarked August 17, 2000. Declinations were received from your office postmarked October 23, 2000. Unfortunately, these declinations were held over the 60 day time limit, per SP&S Agreement, rule 54. Therefore, payment is due.

File # 42, for RS Marshall, employee # 504657-8, claiming make whole wages for 3 round trips acct. he was removed from a valid A-700 vacancy, and then the vacancy was awarded to a junior engineer.
File # 45, for WC Barnes, employee # 504657-8, claiming 7.3 miles code PV, acct making a 2^nd pickup in the terminal.
File # 47, for AT Kehdi, employee # 504657-8, claiming a basic day penalty for one day penalty, acct. violation of windowbox agreement.
File # 48, for JA Brentano, employee # 504657-8, claiming a basic day penalty for each of three (3) days, acct. violation of windowbox agreement.
File # 49, for JA Brentano, employee # 504657-8, claiming a basic day penalty for each of four (4) days, acct. violation of windowbox agreement.
File # 50, for AD Ferguson, employee # 488087-8, claiming a basic day penalty for each of eight (8) days, acct. violation of windowbox agreement.

Please advise this office as to when payment will be made.

Respectfully,

Richard E. Etienne

Local Chairman
Div. 758

Cc: MW Geiger Jr.
ML Hughes
RL Luther

Ms. M.F. Prellwitz Director, Operating Timekeeping
C/O Richard Salay, Mgr. Special Claims
BNSF Railway
PO Box 1738
Topeka KS 66601

January 25, 2001

Ms. Prellwitz,

The following claims were submitted to your office for appeal, postmarked October 17, 2000, Declinations were received from your office postmarked December 18, 2001. Unfortunately, these declinations were held over the 60 day time limit, per SP&S Agreement, rule 54. Therefore, payment is due.

File # 100.00, for RJ Rodriguez, employee # 742331-2, claiming a basic day for one day acct. violation of windowbox agreement.
File # 102.00, for DE Gates, employee #483060-0, claiming a basic day penalty for each of six (6) days, acct violation of windowbox agreement.
File # 103.00, for JA Brentano, employee # 742117-5, claiming a basic day penalty for each of four (4) days, acct violation of windowbox agreement.

The following claims were mailed to your office at the same time, but this committee has received no declination yet. Again, the time limits have been exceeded, and therefore, payment is due.

File # 99, for SA Evans, employee # 488484-7, claiming 14.6 miles ITD acct. arrived prior to overtime commencing.
File # 101.00, for AD Chavez, employee # 264346-8, claiming 53.2 miles total ITD for two days, acct. arrived each time prior to overtime commencing.

Please advise this office as to when payment will be made.

Respectfully,

Richard E. Etienne

Local Chairman
Div. 758

Cc: MW Geiger Jr.
ML Hughes
RL Luther

Ms. M.F. Prellwitz Director, Operating Timekeeping
C/O Richard Salay, Mgr. Special Claims
BNSF Railway
PO Box 1738
Topeka KS 66601

January 25, 2001

Ms. Prellwitz,

The following claims were submitted to your office for appeal, postmarked October 31 2000. Declinations were received from your office postmarked January 4, 2001. Unfortunately, these declinations were held over the 60 day time limit, per SP&S Agreement, rule 54. Therefore, payment is due.

File # 98, for DL St John, employee # 487990-4, claiming all lost wages for a round trip to Pasco acct. not allowed to place himself per job selection sheet.
File # 114.00, for CR Ruzsa, employee # 742117-5, claiming a basic day penalty for one day, acct violation of windowbox agreement.
File # 115.00, for JA Brentano, employee # 742117-5, claiming a basic day penalty for each of five (5) days, acct violation of windowbox agreement.
File # 116.00, for FD Colton, employee # 500701-8, claiming a basic day penalty for each of eleven (11) days acct. violation of windowbox agreement.
File # 117.00, for AD Ferguson, employee # 488087-8, claiming a basic day penalty for each of four (4) days, acct. violation of windowbox agreement.
File # 118.00, for RE Etienne, employee # 489656-9, claiming a basic day for one day acct. violation of windowbox agreement.

Please advise this office as to when payment will be made.

Respectfully,

Richard E. Etienne

Local Chairman
Div. 758

Cc: MW Geiger Jr.
ML Hughes
RL Luther