Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11538
SECOND DIVISION Docket No. 11493
88-2-87-2-154
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(International Association of Machinists and
( Aerospace Workers
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
STATEMENT OF CLAIM:
1. That CSX Transportation, Inc. violated Rule 30, but not limited
thereto, of the controlling agreement when it unjustly suspended Machinist R.
B. Lewis for 10 working days beginning March and ending March 20, 1987.
2. That accordingly, CSX Transportation be ordered to reimburse Mr.
Lewis for all pay and benefits lost as a result of said suspension and remove
all reference to the charges from his record.
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, while repairing a piece of roadway equipment experienced a
slight burning sensation in his abdominal area. Because he had recently been .
treated for an infection in the groin area he passed the matter off as discomfort associated with the infection. Nine days after the incident Claimant
visited his physician wherein it was discovered that he had suffered a hernia.
Three days after becoming aware of the hernia Claimant reported his injury to
Carrier.
Claimant was charged with violating Rule 62 alleging, a failure to
report his injury immediately. An Investigation was conducted on the charge
and when it was concluded a ten day suspension was assessed.
Form 1 Award No. 11538
Page 2 Docket No. 11493
88-2-87-2-154
The primary thrust of the organization's case before this Board, seek
ing to have the disciplne modified, is that Claimant was really unaware that
he had injured himself until he visited his doctor 12 days after the incident.
This occurred after business hours on a Friday and he was unable to contact
any one until the following Monday. Thus, he was in compliance with Rule 62
in that he notified the Carrier of the injury when it was first possible to do
so following his awareness of the matter.
Awards of this Board are legion in number holding that a Carrier's re
quirements insisting upon immediate reporting of injuries are proper and well
intentioned for the both the interest of the injured employee and the interest
of the Carrier. Awards have also held that the degree of pain experienced at
the time of the injury are not decisive on whether the matter had ought to be
reported or not, all injuries must be reported when they occur. There are al
so Awards that hold that an employee may not invoke his own judgment on what
constitutes a reportable injury. Thus, it is clear that an employee experienc
ing any injury must report the matter at the time or subject himself to possi
ble discipline for not doing so.
In this matter Claimant suggests that he reported the injury as soon
as he was aware of it. We don't think so. For one thing at the time the in
jury was to have occurred Claimant was engaged in manipulating a differential
ring gear and pinion, weighing approximately 100 pounds, into an Electramatic
Tamper. While in the process of aligning the differential into a confined
area he states that he experienced a buying sensation, similar to a bee sting,
in his lower abdominal area. While he was not sure, and may have suspected
that the pain was the result of a preexisting infection, reasonable conduct vow
would have been to suspect an injury resulted from awkward manipulation of a
100 pound differential and to report the incident immediately.
Accordingly, the discipline will not be disturbed.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. e,Ar - Executive Secretary
Dated at Chicago, Illinois, this 10th day of August 1988.