Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11006
SECOND DIVISION Docket No. 11021
2-SSR-MA-'86
The Second Division consisted of the regular members and in
addition Referee W. J. Peck when award was rendered.
(International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
(Seaboard System Railroad
Dispute: Claim of Employes:
1. That the Seaboard System Railroad violated Rule 30, but not
limited thereto, of the Controlling Agreement, when it unjustly suspended
Machinist H. D. Watkins for 20 days beginning April 10, 1984 and running
continuously through April 29, 1984.
2. That accordingly, the Seaboard System Railroad be ordered to
compensate Machinist Watkins for all pay and benefits lost (made whole) as a
result thereof and his record be cleared of the 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 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 is a Machinist employed at Carrier's Uceta Shops at Tampa,
Florida. He has been employed by this Carrier since February 29, 1968.
On Friday, January 27, 1984, while walking on a paved area on Company
property near the Shop building at approximately 7:30 P.M. Claimant allegedly
stepped on a rock and twisted his knee. He immediately experienced some pain
but completed his shift without making any report of the injury to his on duty
Supervisor. He departed the Shop at 11:30 P.M. The following Saturday and
Sunday were his rest days. He returned to work on January 30, 1984 and
reported his injury to Assistant Foreman F. H. Pollard. Claimant also
requested that he be allowed to see a Company doctor due to what he described
as a recurrence of an injury dating back to June 23, 1979. Arrangements were
made for an appointment with a Company physician for February 1, 1984, after
which he was required to complete the Carrier's standard Personal Injury
Report.
Form 1 Award No. 11006
Page 2 Docket No. 11021
2-SSR-MA-'86
On February 7, 1984 Claimant was cited for formal Investigation,
notice of which reads in part:
"Please arrange to be present at a formal
investigation with you as Principal, which will
be held at 9:00 a.m., Friday, February 17, 1984.
The investigation will be conducted in Room
212 located in the Tampa Transportation Center,
5656 Adamo Drive, Tampa, Florida.
The purpose of the investigation is to develop
facts and determine your responsibility, if any,
in connection with report that you injured your
left knee on January 27, 1984, and did not report
it until January 30, 1984.
You are charged with violating that part of
Rule 10 of the Safety Rules for Mechanical Department Employees, which states:
'Employes must report promptly to
supervisor any personal injury
occurring on duty or on Company
property . . . .'"
Claimant was also advised that he could by his own arrangement have witnesses
present who had knowledge of the matter being investigated, that he could be
represented in accord with the provisions of the Controlling Agreement and
that at the close of the Investigation his personal record as it relates to
personal injuries and as it relates to discipline would be reviewed.
At the request of the Employes the Investigation was postponed and
held on date of February 24, 1984. The Claimant was represented by the
General Chairman and the Local Chairman. He called no witnesses. The Carrier
called two witnesses but neither testified.
The Investigation was held as scheduled and on April 4, 1984, Carrier
advised the Claimant that account not making a prompt report of this injury he
was being assessed a twenty day suspension to begin Tuesday, April 10, 1984
and ending Sunday, April 29, 1984, both dates inclusive.
The Employes contend that the Claimant believed that this was merely
"the symptoms of an old injury" and that accordingly the Claimant was under no
obligation to report the rock incident until he became aware of its significance relative to an old injury and further that "he obviously thought that he
had merely aggravated an existing problem with his knee which had already been
reported."
We note, in part the following transcript testimony, page 16, Claimant's Representative questions him:
Form 1 Award
No.
11006
Page 3 Docket
No.
11021
2-SSR-MA-'86
"Q. On January 27, 1984, were you walking out
side between the, well, I guess the south
side of the shop, about 7:30?
"A. Yes, sir.
"Q. Is this area paved?
"A. Yes.
"Q. After stepping on the rock, which, caused
you to twist your knee, did you experience
more pain in your left knee and did it
later on that night or the next day swell up?
"A. Yes.
"Q. Did you feel that this was just simply an
aggrevation (sic) of the old injury and it
would get better soon with self-treatment
and would give you no problems?
"A. I did."
Going back to page 10 we note the following transcript testimony,
Hearings Officer questions the Claimant:
"Q. During your tour of duty, that is from 3:30 p.m.
until 11:30 p.m., while working your assignment
as a Machinist at the Uceta Enginehouse, did
you step on a rock and turn your left knee?
"A. Yes, sir.
"Q. Alright, when you turned your left knee, did
you experience pain?
"A. Yes.
"Q. Sir?
"A. Yes, sir.
"Q. What degree of pain?
"A. Well, bending over, it was already hurting
from a previous injury. It was, it just
seemed to aggrevate (sic) it."
Form 1 Award No. 11006
Page 4 Docket No. 11021
2-SSR-MA-'86
All of this testimony indicates that the Claimant by his own testimony had injured or reinjured his knee on January 27, 1984. He apparently
noticed the pain immediately, he did not report it to the Carrier until three
days later. His Claim that he thought it was a mere aggravation to an old
injury is irrelevant as we fail to see any difference, at least in this case,
between an aggravation to an old injury or a reinjury to an old injury. We
also note that Claimant has had eighteen injuries in sixteen years. He of all
people should know the necessity of making a prompt report of all injuries.
If the injury turns out to be not serious, no harm is done, if the injury
turns out to be serious then prompt medical attention can be administered.
Carrier's Rules on this matter are not unreasonable. We believe they are very
necessary and reasonable. It is clear that Claimant did violate this
necessary and reasonable Rule. We will deny the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
--
Nancy J. eg~Wr_ - Executive Secretary
Dated at Chicago, Illinois, this 1st day of October 1986.
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