Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9466
SECOND DIVISION Docket No.
9441
2-C&o-CM-' 83
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
Brotherhood Railway Carmen of the United States
Parties to Dispute: and Canada
(
( Chesapeake and Ohio Railway Company
Dispute: Claim of Employes
1. That Mr. David Surrette was unjustly assessed ten (10) days overhead
suspension for a six
(6)
month period, commencing March 12,
1980,
through September
12, 1980,
as a result of an investigation held at
Flint, riichigan, at
1:30
P.M., Thursday, January
31, 1980.
2.
That accordingly all reference to this investigation and punishment
be removed from his personal record.
3.
That accordingly the Chesapeake and Ohio Railway Company compensate
Mr. David Surrette the appropriate rate of pay for nine
(9)
days
(72 hours) for lost time due to the injury which covers the period
of December
27, 1979,
through January
22, 1980.
Findings:
The Second Division of the Adjustment, 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.
At the time of the issuance of discipline, the Claimant, Carman David Surrette,
had worked for the Carrier six and one-half years. As a result of the investigation, Claimant was found guilty, as charged, with violation of Carrier's Safety
Rules 1 and 21 on December
23, 1979,
and a ten (10) day overhead suspension was
imposed.
On December
26, 1979,
the Claimant reported an accident which took place
three days previously. He said he was injured attempting to close a box car
door with a crowbar when he slipped and was struck by the crowbar. The Organization
disputes the conclusions reached by the Carrier and asserts discipline was imposed
without benefit of substantial, credible evidence that Claimant had engaged in
conduct, as charged. The Organization also requests compensation for nine
(9)
days pay the Claimant lost due to the injury.
F orm 1
Page 2
Award No. 9466
Docket No.
9441
2-C&o-CM-'83
The record reveals the Claimant was familiar with Carrier's safety rules,
which require the reporting of injuries. Safety Rule 1 states, in part:
"Employees must report all personal injuries regardless of
how slight to proper supervisory officer, giving full
details in duplicate on Form
CJ-68
before ending tour of
duty or as soon thereafter as possible."
Safety Rule 21 states:
"Before using tools, appliances, machines, vehicles, or
other equipment, employees must be sure that they are in
safe condition. Defective items must be repaired or
removed from service promptly."
This Board's review of the evidence fails to confirm the Organization's
arguments. The record substantially supports the Carrier's conclusion that the
Claimant's actions were violative of Safety Rules 1 and 21. Therefore, we are
disinclined to disturb the discipline issued. Finally, the claim for nine days
pay as a result of the injury is specifically a personal injury claim, and this
Board is not the proper forum for the advancement of such action.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By _ .t~
semarie Brasch - Administrative Assistant
Date/ at Chicago, Illinois, this 4th day of May, 1983
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division