(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Terminal Railroad Association of St. Louis

1. Carrier violated the Clerks' Rules Agreement when it arbitrarily dismissed Mr. S. J. Thompson from its service, following investigation, without giving reasonable consideration to all circumstances involved. (Carrier File - C)

3. Carrier shall now be required to return Mr. Thompson to its service with all rights unimpaired and compensate him for all wage losses sustai'led due to Carrier's arbitrary, unjust and unreasonable action.

 OPINION OF BOARD: The Claimant, Samuel John Thompson, is a Yard Clerk at the
 Carrier's Madison Yard who has seniority since January 17,
 1964. As a result of an investigation, the Claimant was terminated from service
 with the Carrier for violation of Safety Rule F, General Rules 1107 and 1110.
 These rules are as follows:












The essential facts are undisputed. The Claimant was working the assignment of the Chief Clerk beginning at 11:00 P.M. on September 27 through 7:00 A.M., September 28, 1980. leaving the Clerk's office enroute to the Trainmaster's office in the Tower, the Claimant, in the act of delivering early morning turnover reports, bumped his elbow on a staircase support post. The time was approximately 6:05 A. M. He delivered the reports.

 At 3:09 P.M., September 28, 1980, Claimant called the Crewboard office and laid off sick, reporting the injury. As suggested, he immediately called the Trainmaster. Thereafter, it was determined to mark Claimant as off with a personal injury. The next day, Claimant filled out an appropriate personal injury report.

 The Organization argues Claimant did not know he sustained an injury until about 3:00 P.M, on September 28 when he woke up. Since Claimant was unaware of his injury until after leaving work, the Organization contends the delay in filing the personal injury is understandable and reasonable.

 Careful review of the record before us leads this Board to unmistakingly conclude the Carrier's assessment of the record correctly viewed the evidence as supporting a finding Claimant was aware he injured himself and simply did not comply with the understood rules. The Claimant acknowledged he was aware he bumped his elbow when it happened because he said it "hunt like-hell.." and "it almost brought me down to my knees because it hurt ..." There can be no doubt Claimant had the time and opportunity to properly report the injury as required.

 Under these circumstances, this Board agrees that Carrier was justified in disciplining Claimant, however, we do not view his single infraction as justifying discipline in the form of dismissal. That action was excessive and lacked proportion to the justifiable discipline involved. This Claimant has been out of service for a lengthy period. We hold this time shall serve as a suspension, which should, in its severity, constitute sufficient notice to Claimant he must in the future comply with the Carrier's rules dealing with the reporting of injuries.

        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 discipline was excessive.

Award Number 24220
 Docket Number CL-24320

 A W A R D
Claim sustained in accordance with the Opinion.

 Page 3

 NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division

 Attest: Acting Executive Secretary
 National Railroad Adjustment Board

 2By

 l.~
 Rosemarie BraBch - Administrative Assistant

 Dated at Chicago, Illinois, this 14th day of March 1983.