Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13863
Docket No. 13748
05-2-04-2-26
The Second Division consisted of the regular members and in addition Referee
Marty E. Zusman when award was rendered.
(Ronald Ramsdell
PARTIES TO DISPUTE:
(BNSF Railway Company
STATEMENT OF CLAIM:
"1. That the Burlington Northern and Santa Fe Railroad (sic)
Company maliciously and knowingly manipulated Ronald
J. Ramsdell's investigation concerning an injury report on
July 7, 2003 at the West Burlington Shops. This includes
violating Rule 35, Section I, from the Agreement Book for
International Brotherhood of Electrical Workers, effective
April 1, 1983, in that the documentation of the original
investigation notice was changed after the 20 day's
allowed.
That the Carrier also violated Rule 35, Section C in that
the witnesses and material that had been requested, but
had not been produced, contacted, or ever attempted to be
provided.
Accordingly, Rule 41, Personal Injuries; states employees
injured while at work will be required to make a written
report of the circumstances of the accident just as soon as
they are able to do so after receiving medical attention.
This was done so.
Form 1 Award No. 13863
Page 2 Docket No. 13748
05-2-04-2-26
Also fellow employees Mr. Frank Cooper, Mr. Michael
Graham, and Mr. Mark Leffler all having investigations
with almost identical circumstances were given judgments
of no disciplinary actions taken or dropped altogether. I
ask for the same treatment Fellow worker Ms. Jessie Stout
having like circumstances was coerced into changing her
injury report to a cumulative trauma report or be
threatened with a formal investigation.
The investigation notice stated "his alleged use of defective
equipment" no such statement was made.
Page 8, Section D, in the Agreement book for IBEW
Workers, Called and not Used. Employees called or
required to report for service and reporting but not used,
will be paid a minimum of four (4) hrs. at straight time
rate. With showing up for the scheduled investigation and
then told it was cancelled I am requesting pay ffor myself
and Mr. Frank Cooper.
2. Accordingly, the Burlington Northern and Santa Fe
Railroad (sic) Company be ordered to either comply with
the original notice and mutually agreed up date which I
was at attendance or drop the proceedings collectively.
3. That the Burlington Northern Santa Fe Railroad (sic)
Company be ordered to reverse it's (sic) disciplinary
judgment, remove all records of
the
investigation from my
riles, and compensate myself and Mr. Frank Cooper four
(4) lirs. pay straight time, for call and report, but not
worked."
Form 1 Award No. 13863
Page 3 Docket No. 13748
05-2-04-2-26
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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 were given due notice of hearing thereon.
As background, the Claimant filed an Employee Personal
Injury/Occupational Illness report on July 23, 2003. A reading by the Board of
that report indicates that the date of the injury, an "intense pain of left
shoulder" was July 9, 2002. The Carrier notified the Claimant to attend an
investigation to determine responsibility, if any for untimely report of an
injury and alleged use of defective tools. Following postponements, the
investigation was held in absentia on September 30, 2003. The Carrier found
the Claimant guilty as charged and issued a thirty day record suspension.
We have reviewed the Claimant's many issues. The Claimant was
present on September 10, 2003 and alleges the Carrier failed to properly
postpone the investigation. The Claimant also alleges, among other disputes
that the Carrier failed to abide by the Agreement, call witnesses, equally
discipline employees and properly pay for attendance.
The Board is required to review procedural issues before we may
consider the merits of claims. In this instance, the final declination on
property by the Carrier was December 11, 2003. The Claim was filed with this
Board on October 9, 2004 which was not within the nine months required.
Form 1 Award No. 13863
Page 4 Docket No. 13748
05-2-04-2-26
As the Claimant did not fulfill the timely appeal requirements the Claim is not
properly before this Board.
However, the Board has carefully considered the case on the merits as
well. We find the Claimant's procedural complaints to be without merit. The
postponement did not violate the Agreement. The record shows without
contradiction that Claimant delayed several days in reporting the injury.
Although the offense is serious and almost always justifies actual suspension or
dismissal. Carrier limited the penalty to record discipline. The Carrier acted
reasonably.
AWARD
Claim denied.
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 27th day of July 2005.