Form 1 - NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7703
SECOND DIVISION Docket No.
7581
2-CR-EW-'78
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( System Federation No. 1, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That under the current agreement, Electrician John B. Lacey was
unjustly treated when he received a suspension of ten (10) days
for alleged violation of safety rules.
2. That, accordingly, the Carrier be ordered to dismiss the suspension
of ten (10) days, remove the demerit mark and clear the record of
the claim of the alleged charge.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21,
1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was given a ten (10) day suspension for failing to report
personal injury to his supervisor during his tour of duty on the day of its
occurrence and for failing to observe and correct a tripping hazard.
As to the question of failing to report the injury we do not find that
the record supports the Carrier's finding. The Claimant testified that when
he tripped he did not feel that he had injured himself, i.e. caused himself
physical harm. When it became apparent to him early the next morning that
he had hurt himself he reported his injury. We do not find his actions to
be violative of Safety Rule 4000. It is quite corunon for injuries to -Tmnifest
themselves some time after the incident that caused them.
Safety Rule
4008
pertains to failing to observe and correct a tripping
hazard. In the instant case the testimony is that the place where the
Claimant tripped was underlit and littered with debris. The Claimant was
utilizing a flashlight to aid him in performing his duties and failed to
see a piece of sheet :metal over which he tripped. Cn the basis of the facts
Form 1
Pa ge 2
Award No. 770
Docket No. 7581N.,oI'
2-CR-End-'
78
presented we cannot conclude that the Claimant was negligent as argued by
the Carrier. The Carrier's narrow interpretation of the rule would lead
this Board to conclude that i. can maintain a debris littered. work area
that is underlit and then charge an employe who trips in that area with
violating a safety rule. We cannot conclude that this would be the correct
application of the rules.
That the Agreement was violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
~'?ose.Tar
a:e
Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 25th day of October, 1978.
