Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7855
SECOND DIVISION Docket No.
7735
2-sLSF-Ew-'79
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered,
( System Federation No. 22, Railway Employes'
( Department, A, F, of L. - C. I. 0. _
Parties to Dispute: ( (Electrical Workers)
(
St. Louis-San Francisco Railway Company
Dispute: Claim of Em_ployes:
1. That the St. Louis-San Francisco Railway Company violated the
current agreement, particularly Rule
35,
when on August 17,
1977
Electrician Donald L. Cramer was improperly dismissed from
service at Springfield Missouri.
2, That the St. Louis-San Francisco Railway Company further violated
the agreement when Electrician Donald L. Cramer was not afforded
a fair and impartial hearing 9.n accord with Rule
35.
3.
That Electrician Donald
L.
Cramer be made, whole, because of the
improper actions to b e reinstated to service with his seniority
rights unimpaired, paid for all loss of wages, insurance, Railroad
Retirement, vacation and any other loss of rights or benefits.
4.
That Donald L. Cramer be compensated for a four
(4)
hour call
for time required by Carrier to attend the investigation on
August
16, 1977.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidences 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., 193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This is a claim based on the alleged improper dismissal of claimant from
the service of the carrier. Claimant was charged with a violation of Rule
70
of the Rules and Regulations of the Carrier.
Form 1
Page 2
Award No.
7855
Docket No. 7735
2-SLSF-EW-'79
"70. If physically able, an employee injured on duty
must report the injury to his foreman or other supervisory
officer before leaving company premises. A report must
be made of every injury regardless of how slight. The
supervisory officer should arrange prompt first aid of the
injured .person, then place him under care of division or
local surgeon as soon as possible, reporting the injury
promptly and prescribe forms regardless of how minor it
may appear."
Pursuant to proper notice and investigation, claimant was found guilty
of failure to notify the carrier of the injury as required by the aforementioned rule.
The facts of the case are as follows:
Claimant injured his wrist during his tour of duty on June 21, 1977.
The claimant mentioned the occurrence to his foreman, but did not comply
with the company procedure for reporting accidents. On August 5, 1977,
claimant filled out the proper injury report on his own initiative.
The failure to follow up a procedure in reporting the injury was an
infraction of the rule. The penalty of dismissal is, however, too severe
taking into consideration the nature of the offense and the particular
circumstances of his case. Appropriate discipline would have been a lengthy
suspension. Accordingly, we order that the claimant be reinstated without
compensation for time lost.
the
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Ros
ti
Brasch - Administrative Assistant
Dated at
7C
icago,
Illinois, this 21st day of February,
1979.