(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (St. Louis-San Francisco Railway Company

(1) The suspension of Trackman G. F. Bahr for the period extending from October 13 through October 24, 1975 was without just and sufficient cause and on the basis of charges which were disproven at as investigation conducted on November 12, 1975 (System File B-1525).

 (2) Trackman G. F. Bahr shall now be allowed the benefits prescribed in Agreement Rule 91 (b) (6).

 OPINION OF BOARD: Provisions applicable to this case are as follows:

"If physically able, an employe injured on duty must report the injury to his foreman or other supervisory officer before leaving company premises.

 "A report must be made of every injury, regardless of how slight. The supervisory officer should arrange prompt first-aid for the injured person, then place him under care of medical doctor as soon as possible, reporting the injury promptly on prescribed forms regardless of how minor it may appear."

"If the charge against the employe is not sustained, it shall be stricken from the record. If by reason of such unsustained charge the employe has been removed from position held, reinstatement will be made and payment allowed for the assigned working hours actually lost while out of the service of the Carrier at not less than the rate of pay of position formerly held, or for the difference in rate of pay earned if in the service, less any amount earned in other employment."
                      Docket Number b1W-21919


It has been established that the Claimant made his foreman aware of his complaint with a sore shoulder no later than 7hursday, September 18, 1975. It is also apparent that the foreman considered it as part of a general complaint by the entire gang relative to "aches and pains." The record indicates that a witness to the discussion corroborated the Claimant's problem on Wednesday, September 17, 1975. This same witness was present on Friday morning, September 19, 1975, when the Claimant informed the foreman that he was going to the doctor that afternoon.

 In a discipline case, the duty rests upon the Carrier to establish the basis for just cause in i the burden of proof is on the Carrier to show that the Claimant failed to meet the requirements of appropriate rules or regulations to report an injury.

 A reading of the record evidences somewhat confusing and con
 tradictory testimony by all of those directly involved. What seems
 obvious, however, is that the Claimant did endeavor to make his problem
 known, did inform the foreman of his intent to go see a doctor, and did
 show up on Friday morning, September 19, 1975, at the facility to com
 plete whatever forms were appropriate in this regard. Such efforts were
 corroborated by a witness, whose testimony, though flawed in places,
 stands the test of credibility. The Carrier bases its case upon the im
 precision of the Claimant's notification of his need and intent to consult
 a physician, instead of. establishing a positive rationale for its own
 actions.

 We are satisfied that the Claimant sufficiently met his obligation to notify in this case, as re 713. We are not satisfied that the Carrier has established just cause for its disciplinary actions. The Claim shall be resolved as per the provisions of Rule 91 (b) (6).

        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 Pnployes involved in this dispute are respectively Carrier and r.'~ployes within the meaning of the Railway Labor Act, as approved June 21, 1934;
                    Award Number 21822 Page 3

                    Docket Number tea-21919


        That this Division of the Adjustment Board has jurisdiction

over the dispute involved herein; and j

        The Agreement was violated.


                      A W A R D


        The Claim sustained in accordance with Opinion.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: r"

        Executive Secretary


Dated at Chicago, Illinois, this 16th day of December 1977.