NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-20796
William M. Edgett, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Pacific Lines)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Extra Gang Laborer Herminio Isiordia was
without just and sufficient cause, on the basis of unproven charges and
without benefit of a fair and impartial hearing (System File 011-181 (I)).
(2) Herminio Isiordia be reinstated to service, with seniority
and vacation rights unimpaired and be reimbursed for monetary loss suffered, all in accordance with
OPINION OF BOARD: Claimant was dismissed from Carrier's service for
his continued failure to complete a personal injury
report as required by Rule M of the General Rules and Regulations and
for violation of Rule 801. Those Rules read:
Rule M: "Each personal unjury suffered by an
employe... must be reported without
delay to his immediate superior and
written report completely and correctly made must thereafter be promptly mailed to Superintendent."
Rule 801: "Employes will not be retained in the
service who are
....
insubordinate."
Claimant was injured on May 25, 1972. On May 26 and May 30 his Foreman
visited the hospital and tried to obtain the report. On the first visit
Claimant was not physically able to complete it. On the 30th he began
the course of conduct in which he persisted. He asked to see the reports
of the foreman and the operator and refused to complete his report. On
July 3 the Foreman and Roadmaster went to Claimant's home. He continued
to refuse to fill out an injury report. The applicable rules were read
and explained to him. He was then advised that continued refusal would
result in a formal hearing.
It is clear that Claimant had notice as required by the Rule.
There is no evidence that he could not attend for physical or other reasons.
It appears that he had not asked his Local Chairman to represent him.
Claimant did not appear at the hearing and no request for postponement was
Award Number 20682 Page 2
Docket Number MW-20796
entered in the record. Under all of the circumstances Carrier did not
violate the Riles by proceeding in Claimant's absence.
Claimant was obliged to furnish Carrier with a report of his
accident and he had done so on other occasions. The Rules and the procedure followed show that he, n
report Carrier desisted. It was not until he was physically able to
complete the report that Carrier insisted upon it. The Organization's
charge of unusual pressure is not supported by the facts.
The Rules require Carrier to furnish the Organization with a
copy of the transcript. Carrier failed to do so. As soon as the matter was called to its attention C
prejudice to Claimant has been shown and the matter may be dismissed as
a non-prejudicial error.
The Board has concluded that it must deny the claim.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute
are respectively Carrier and Employes 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
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST
ecutive Secretary
Dated at Chicago, Illinois, this 17th day of April 1975.