(Brotherhood of Maintenance of .lay Employes PARTIES TO DISPUTE:


STAT3·1F.°M OF CLAM: "Claim of the System Committee of the Brotherhood that:
(1) The forty-three (43) days of suspension imposed upon Section Laborer J. D. Alire for alleged failure to promptly report a personal injury sustained by him on November 1, 1979 was capricious, arbitrary, unwarranted and on the basis of unproven and disproves ch_arzes (System File D-6-80/1-&1-17-80).

 (2) The record of Section Laborer J. D. Alire be cleared of to charge leveled against him and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: On December 12, 1979, Claimant advised his supervisor of
 an injury that he had allegedly sustained on duty 7ovemoer 1,
 1979. Because of his delay in notifying his supervisor concerning the
 injury an investigation was held and Maixant iaas held to have been violative
 of his dutv to promptly report his injury to his supervisor.

 During tae course of the hearing Claimant testified that he had injured his back lifting ties on Nov that day and the sex'.;. He then had his normal two rest days. ?vhen h°_ _..ported to work Monday he stated to his supervisor that his bac, -:as hart and that he needed to see a doctor. There is a conflict in the evidence whether or not he cold his supervisor that he had suffered an "on duty" acciie=.; on :.'overber 1. Claimant tastified that he 'cad worked the remainder o_° the ..av of the lst and all day on the 2nd and that he had suffered back =^in or both days.

 G'~.i.'.'~nt teS-~ified that he had bee^. exam=ned on~:_ _-:.'atin' :~:ile :5, Of _e ·V=erating Rules 3-.ate3:

          "-s j an employee iS i:j'_.1r°_d or. dat`f or while O^ CW_3 -'7

      cro-^=r ;y, i-cediate .;erbal ^erort must be ad-, to the _ ^=_q

      employes su_-ervisor, -,,ho then nust repor-. :he _....«_.._ _o

      over au,horit:i. ~il- i"jLxi_s zo ..~:r-off;-°~ .._-... .:n


      -__ a. ,r; '='O^ _' ant -iZ . ,`.ir:OS ?O _ rSO:s 0~ ,._ ' :° = _ ='=O,`I"_~

      ,.___.___ _ On ;O!^_^a^:y _:'J_':_ !, ...., . l Ce ___r0:.'._ _.- _ _;O-'=°_"


                      - ; n= _ _


      ..r_.~ ._._t_rs and i__ ~-::°__' e'=,_Jvea _'.'l=.ii_:,'= ~.__ z__=-_..~

                _ _y-,

                Award N~.=ber 24031 Page 2

                Docket ::L=ber L5d-23)54


Also Safety Rule No. 1 reads:

      Report all ir~ju_^,*es 2romptly to immediate super-risor. Obtain mediate first aid and necessary medical attention for all injuries.


There can be no doubt that Claimant violated the appropriate Operating and Safety rules.

 Adherence to the safety rules is of paramount importance. The instant safety rule is designed with the welfare of the employe in mind. His injury is immediately known to the Company so that it can promptly address his condition. Regardless of when Claimant acted, his supervisor was not promptly notified. If Claimant was inj:tred
 oN -n~er of that day and
 n ~Icvcraber 1, the fact that he worked the rema~ the next under severe back pain could rave aggravated the in,j _,=;· to a grievous extent.

      As an Award o-: this same property, :·:o. 22550 stated:


      "A Safety Rule, by definition, is not designed to proscribe willful infractions only, it is also careilly designed to address careless or indifferent behavior as .cell."


As exemplarily as continuing to work may seem, it is careless and indifferent behavior as concerns an injury.

 The Board considers railroad safety of the highest order. Violation of a safety rule even if no adverse consequence occurs manot be toleraned. ::ere where apparently the violation led to adrerse consequences the Carrier had a right to discipline Claimant.

        P1:=1GS: The Third Division of to adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived ors: hearing;


That the Carrier and the '·aployes involve. in this arg
 r°_srec:i'.'°_ZV -^rie_ and .'_~"'.cr=~_Je5 w-h -:1 - -ea-""-g of the .___'.1=_ mho='
 .~Ct, 3s ap='"O:'ed ~.,:.e 21, ~3=';

 this :)i._ ion _ ..___ :,d_:,a-..__ _~ -o. _ x:3r L.-a '_ z'lte ~nV01"°: ..,._°_in; 3n.=
 Award Number 24031
 Docket Number Nd-23954

 That the Agreement was not violated.

 A W A R D
Claim denied.

 At"TEEST: Acting Executive Secretary
 National Railroad Adjustment Board

 Page 3

 ?1ATIONAL RAILROAD ALUUS= BOARD
 By Order of Third Division

 ~semarie Brasch - Administrative Assistant

 Dated at Chicago., Illinois, this 15th day of November 1982.