Progress Through Unity

Claims


HOW TO PROPERLY FILE A CLAIM

By: Mike Reilly

There are times that the carrier violates the agreement between NJ Transit and UTU that result in a member submitting a time card for payment.  This process is outlined in Rule No. 42 of the current agreement.   To highlight this agreement, here are some points to keep in mind.

  • A member has thirty (30) days from the date of the occurrence on which the claim is based, to submit the claim.  If the claimant is absent because of sickness, temporary disability, leave of absence, vacation or suspension the time limits shall be extended by the number of days the claimant is absent.

The claim must include all the information concerning the claim such as:

  •  Name, occupation, employee number, division.
  •  Train symbol or job number.
  • On and off duty time.
  • Date and time of day work was performed.
  • Location and details of work preformed for which claim is filed
  • Upon whose orders work was performed.
  • Description of instruction issued to have such work performed.
  • Claim being made, rule violation, and all related information for supporting claim.
  • Location on the property for receipt of response.
  • The Claim shall be filed with the original and a duplicate copy.  The duplicate will be signed and dated by the company representative, and returned to the claimant for his/her copy.  Locations where the claim can be submitted to the carrier are listed in the carrier’s TRO-12, under penalty claims.
  • The carrier has up to sixty (60) days from the date the claim is submitted to either pay or deny the claim.  UTU members receive the denials on their payroll printout.
  • If the claim is denied, the claimant must provide a copy of the timecard and the denial report to the Union office.  If additional information concerning the facts surrounding the claim can be provided, the claimant should also include this.  The Union will then prepare an appeal to the carrier.  The appeal must be filed within sixty (60) days from the date the denial is received.

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supplemental penalty

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