NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21+349
Herbert L. Marx, Jr., Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Pacific Lines)
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Pacific Transportation
Company (Pacific Lines):
That Signalman R. R. Dunivin be reimbursed for all time lost at pro
rata plus overtime rate as a result of investigation held August 19, 1980 (90
days), and that Mr. Dunivin's personal record be cleared of any notations as
a result of this
investigation." (Carrier
File: MofW-A-ORE-0-27)
OPINION OF BOARD: This matter involves a question of whether or not the
Claimant's discomfort and resulting disability to his knee
was or was not a job-related injury and, if so, whether the Claimant failed to
give Carrier prompt notice of such
injury.
Following an investigative hearing, which was conducted in a fair
and proper manner, the Carrier found the Claimant in violation of the following
rules:
"Rule M: Every personal injury suffered by an employe, and any
injury to another employe or person, of which an employe has
personal knowledge, must be reported without delay to his
immediate superior prior to completion. of tour of duty.
Employe and his immediate superior must thereafter, without
delay, and prior to completion of tour of duty, complete
required reports on prescribed forms and furnish other
required statements to proper authority."
"Rule 801: Employes will not be retained in the service who
are
XXX
dishonest
Any act of
X*-X
willful disregard or negligence affecting the
interests of the Company is sufficient cause for dismissal
and must be reported."
"Rule 802: Indifference to duty, or to the performance of
duty, will not be condoned."
As a result, the Claimant was assessed a 90-day disciplinary suspension.
Upon review of the extensive record, the Board finds that the Claimant failed
to advise the Carrier and complete the necessary forms "without delay", as
required by Rule M, in support for his allegation that his injury was jobrelated. In assessing this
Award Number
241165
Page 2
Docket Number
SG-24349
Carrier responded with an excessively harsh penalty. Claimant sought medical
attention and reported off duty on the day following the alleged injury. The
Carrier suffered no real loss owing solely to the tardy filing of an accident
report by the Claimant.
In view of this, the Board finds that the penalty was excessive and
should be reduced to a
suspension of
60 days.
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.
A W A R D
Claim sustained in accordance with the
Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
Rosemarie Brasch - Administrative Assistant
Dated at Chicag>, Illinois, this 14th day of July
1983.
- W
S.
G C
~J