Arbitration Award RETURN TO WORK

Not Complying with Arbitral Award

Your claim:

When you have been returned to service after a sustaining Arbitral Award and have not been returned to service on or before 30 days.
Claim all lost earnings to which “you would have earned” had the Carrier returned you to work within 30 days.

Required Documentation:

Copy of the Return to Work letter from the Carrier
Documentation showing that you have make timely attempts to comply with the Carriers instructions to get marked up in a timely fashion. i.e.: phone records, email correspondence and doctors note after taking the return to work physicals / medical exams.

EXAMPLE:

Claiming (PROJECTED LOST EARNINGS)on account being withheld from service through no fault of my own, for more than 30 days after a sustaining Arbitration Award. According to (First Division or PLB No.) (Award No.) the Carrier was directed by Referee (NAME) to “make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.” The Award shows dated at “Chicago, Illinois, this 28th day of March 2018.” and as of (DATE) I should have been returned to service and had all seniority rights, pay and insurance benefits restored.

Interest on Back Pay after 30 Days

Your Claim:

When your Arbitral Award was fully sustained with back pay and the Carrier has not paid within 30 days of the award being transmitted to the parties.
Claim Interest at an Annual Percentage Rate per day on all monies owed.

Required Documentation:

Copy of the Return to Work letter from the Carrier
Documentation showing that you have make timely attempts to comply with the Carriers instructions to get marked up in a timely fashion. i.e.: phone records, email correspondence and doctors note after taking the return to work physicals / medical exams.

Example:

Claiming interest on all back pay with interest on account not being returned to service through no fault of my own after a sustaining Arbitration Award and the Carrier has failed to comply with the Arbitration Award. According to (First Division or PLB No.) (Award No.) the Carrier was directed by Referee (NAME) to “make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.” The Award shows dated at “(CITY, STATE) this (DATE on the Award).” and as of (DATE) I should have been paid all back pay. The Carrier has exceeded the 30 days as stated in the Award and therefore the back pay will be due interest at a 20.9% Annual Percentage Rate per day.

Note: Interest shall be computed by multiplying the entire amount of back pay by .0005726 (20.9% APR). For every $100,000 dollars owed that would compute to $57.26 per day.