NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22279
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Western Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Western Pacific
Railroad Company:
On behalf of TCS Signal Maintainer E. C. Johnson, Tobin,
California, for the removal from his personal records of seventy-four
demerits which were assessed by letter dated October 13, 1976, following
an investigation held on October 5, 1976, in connection with an injury
sustained on September 17, 1976."
/B - Case No. 10845-1976-BRS Local Case No. - None Signal Dept/
OPINION OF BOARD: The Claimant in this dispute was assessed 74
demerits under a charge that he was responsible
for sustaining a personal injury while working his position and that
he was in violation of Carrier's Rules 707(A) and 760(A).
We cannot find that the Employes have overcome the Carrier's
charge that the Claimant bore some responsibility in sustaining his
injury, but we do find that it has been shown that Claimant's conduct
met-the requirements for making a report of his injury. From this we
must find that the discipline assessed was excessive and we direct
that it be reduced to 25 demerits.
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;
Award Number 22231 Page 2
Docket Bomber SG-22279
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained per Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 15th day of November 1978.
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