When lodging is not provided within 30 minutes of tie-up
PLB 6312, Award 269 found that Carrier has “an obligation . . . to provide suitable lodging
within a reasonable period of time after the employee’s release from duty.” Award 269 then defined
“a reasonable period of time” to be “30 minutes” as set forth
by the Federal Railroad Administration (FRA) in 1990, and concluded that pay of a “minimum day” was the
appropriate remedy for carrier’s agreement violation.
Therefore, when not provided a room at Carrier’s designated lodging facility
within 30 minutes of off-duty time, a penalty claim for a basic day should be submitted
for not being provided suitable lodging within a reasonable period of time in accordance with Article II, Section 1 of the UTU/BLE 1964 National Agreement.
In order for such claim to be valid, after receiving a room, an employee must contact CMS to adjust his/her
legal rest period, and the following essential information must be included
when submitting claim to your Local Chairperson:
1.
Time off duty.
2.
Time of departure from off-duty point.
3. Time of arrival at lodging facility.
4.
Time room was received.
5.
Printout of CMS record showing original rest time.
6. Printout of CMS record showing
adjusted rest time.
7.
Reason for delay in getting room (ie: waiting for transportation to lodging facility, waiting for clean room, etc).
Claims should also reference PLB 6312,
Award 269 and the FRA’s February 3, 2004 Memorandum with subject of “Suitable Food and Lodging at Designated
Terminals; Hours of Service Act Interpretation” (available upon request).
