Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10359
SECOND DIVISION Docket No. 10526
2-NIRCRC-CM-185
The Second Division consisted of the regular members and in
addition Referee James R. Cox when award was rendered.
( Brotherhood Railway Carmen of the United States and Canada
Parties to Dispute:
( The Northeast Illinois Regional Commuter Railroad Corporation
Dispute: Claim of Employes:
1. That Coach Cleaner G. McCall was unjustly suspended from the service of
the Northeast Illinois Regional Commuter Railroad Corporation for a
period of five (5) days, starting with October 3, 1983 through October 7,
1983 .
2. That the Northeast Illinois Regional Commuter Railroad Corporation violated
Rule 34(g) of the current Agreement dated September 1, 1949, as amended.
3. That the Northeast Illinois Regional Commuter Railroad Corporation be
ordered to compensate Coach Cleaner G. McCall in the amount of eight (8)
hours pay, at the applicable rate, for each and every day of this unjust
suspension.
4. That the Northeast Illinois Regional Commuter Railroad Corporation be
ordered to pay Coach Cleaner G. McCall interest at the rate of 12% per
annum for any and all compensation that she may receive as result of this
claim.
Findings:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence finds that:
The carrier or carriers and employe or employes involved in this dispute art?
respectively carrier and employes 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 Gloria McCall was suspended for five days in October, 1983, following
an
investigation September
13, 1983, involving her alleged violation of Safety Rule
1 through failure to complete Form 171 (RC 4005) report of injury "immediately, if
possible" with the details of the accident incurred July 18, 1983.
Foreman Szaropa, the immediate Supervisor of Coach Cleaner McCall July 18,
1983, stated that McCall performed her normal duties that day and did not report
any injury or complete the aforementioned personal injury form. He indicates that
it was not until Friday, July 29th, that Mrs. McCall reported that she had previously
been injured and asked to see the Doctor because she had a pain in her upper leg
area. She was informed at that vime that, if she had to go to the Company Doctor
she would have to pay, and was subsequently given an authorization slip.
Form 1 Award No. 10359
Page 2 Docket No. 10526
2-NIRCRC-CM-185 --
Mrs. McCall stated that she completed the personal injury report August 2nd,
describing a pulled muscle to her leg, incurred in the course of boarding a car on
July 18. She testified that the pain was not "real bad" but that she did tell her
Foreman that she had hurt her leg and that he responded that there was nothing
wrong with her.
At the investigation she explained she did not fill out the required report of
injury because her leg did not hurt very much, although she was familiar with
General Rule 1 of the Safety Rules and its reporting provision. She continued to
work on succeeding days. Mrs. McCall conceded that it was possible for her to have
filled out the report of injury July 18th. She also indicated she did not fill out
the form because "the Foreman would not listen to her", and that she could have
gone to the office but did not because her leg was "not hurting that much". Her
fellow worker testified that the day after Claimant complained that she had been
injured, she came to work limping a little bit. Still, no report was filed.
Our review of the record reveals substantial evidence that Claimant violated
Safety Rule 1 by failing to complete the accident report after she incurred an
injury. A Foreman's negative comment does not relieve an employee from following
the reporting procedure.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
law
By Order of Second Division
Attest:
5;W~X-ee~
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 27th day of March 1985.