Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10639
SECOND DIVISION Docket No. 10710
2-UP-MA-'85
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(International Association
of Machinists and Aerospace
(Workers, AFL-CIO
Parties to Dispute:
(Union Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Carrier violated the Controlling Agreement, Rule 37, but not
limited thereto, when it assessed a thirty (30) day deferred suspension to
Machinist T. E. Nelson's (hereafter referred to as Claimant) personal record.
2. That, accordingly, the Carrier be ordered to remove the thirty (30J
day deferred suspension from Claimant's personal record.
FINDINGS:
The Second Diviswon 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 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, Machinist T. E. Nelson, has been employed by the Carrier, Union!
Pacific Railroad Company, since December 1, 1973, at the Salt Lake City Diesel.
Shop.
On April 23, 1983, Claimant sustained an on-the-job injury to his eyes.
Because of the injury, the Claimant was unable to fill out an accident report
by himself. The Claimant's Supervisor helped him to fill out the report,
however, and it was submitted that day but without the Claimant's signature.
A few days later, the Claimant was instructed to fill out a second
accident report; he did so but did not turn it in, acting on the advice of his
Organization representative.
Form 1 Award No. 1063.'
Page 3 Docket No. 10710
2-UP-MA-'85
With respect to the substantive issues, the record is clear that the
Carrier did receive prompt notification of the Claimant's injury. On the same
day as the injury, the Claimant had a Supervisor help him fill out the accident
report, although the Claimant neglected to sign it. Rule 45 states:
"Employees injured while at work are required to make a
detailed written report of the circumstances of the
accident just as soon as they are able to do so after
receiving medical attention. Proper medical attention
shall be given at the earliest possible moment and employees
shall be permitted to return to work just as soon as they
are able to do so, pending final settlement of the case,
provided, however, that such injured employees remaining
sway from work after recovery shall not be held to be
entitled to compensation for wage loss after they are able
to return to work. A11 claims for personal injuries
shall be handled with the personal injury claim
department."
This Board therefore finds that since the Claimant did submit a written
report of the accident as soon as he was able, he complied with the requirements
of Rule 45.
However, the Carrier later requested that the Claimant fill out a second
accident report; and although the Claimant had reportedly completed it, he has
refused to submit it. He was instructed by the Carrier to submit the second
report, and he has refused.
Athough the Organization argues that there was no need for the second
report, the facts are clear that the Claimant disregarded the clear instructions
of the Carrier. Hence, he was in violation of Rule B, General Regulation 704,,
and General Safety Instruction 4004 -of Form 7908, "Rules Governing Duties and
Department of Employees, Safety Instructions and Use of Radio." Those rules
state as follows:
"B. Employees must be conversant with and obey the rules
and special instructions. If in doubt as to their
meaning,
they must apply to proper authority of the railroad for an
explanation.
"704. Employees are required to report any misconduct or
negligence affecting the interest of the railroad.
"Withholding information or failure to give factual report
of any irregularity, accident or violation of the rules is
prohibited."