(1) The five (5) day suspension imposed upon Extra Gang Foreman E. J. Padgett was improper and without just and sufficient cause. (System File LA-88-X-69/Case 624)
(2) The personal record of the claimant be cleared of said suspension and reimbursement be made for wage loss suffered in accordance with Rule 25(i).
"In case of injuries of any kind, to himself or anyone in his employ, or in cases of injures to others which have nit been reported by agents or trainmen, the foreman must immediately make a report by wire to the superintendent, division engineer, supervisor and claim agent, and follow it as soon as possible with a written report to the supervisor, on proper form in duplicate. Foremen are not to exercise their discretion as to what injury is, or is not, important enough to be reported. Injured persons must be given prompt and careful attention. When the services of a surgeon are needed, foremen must call the railroad surgeon if practicable."
"Please be present at investigation to be held in office of Division Engineer, New Orleans, at 9:30 A. M., Tuesday, January 2$, 1969, to determine your responsibility, if any, in connection with your alleged failure to report the fact that a minor personal injury to one
An investigation was held and Claimant was found guilty of violating Rule 39. While the judgment of Claimant in not reporting the worsening of the injury may be questioned we cannot agree that it is a violation of Rule 39. There is no evidence in .the record that the Claimant failed to comply with Rule 39 of the Carrier's Rules for the Maintenance of Way and Structures.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and