NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25258
Marty E. Zusman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Eastern Lines)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The sixty (60) demerits imposed upon Track Laborer B. Roberts
for alleged violation of "Rule M· was arbitrary, unwarranted and on the basis
of unproven charges (System File MW-82-160/355-79-A).
(2) The claimant's record shall be cleared of the charge leveled
against him, the sixty demerits shall be removed from his record and he shall
be compensated for all wage loss suffered and reimbursed for all expenses incurred
attending the hearing held on July 30, 1982.
OPINION OF BOARD: Claimant B. Roberts, a Track Laborer, incurred a work related
injury on May 18, 1982, but did not file a report of said
injury on that date. On June 1, 1982, Claimant was assessed sixty demerits for
failure to complete the report of said accident and Claimant thereafter requested
a hearing. On June 21, 1982, Claimant was notified to attend a formal hearing
which after postponement was held on July 30, 1982, to investigate the charge
that he had failed to comply with Rule M of General Rules and Regulations of
General Notice which reads in pertinent part:
"Rule M. Every personal injury suffered by an employee,
and any injury to another employee or person, of which
an employee has personal knowledge, must be reported
without delay to his immediate superior prior to completion of tour of duty . ...
Employee and his immediate superior must thereafter without delay, and prior to completion of
complete required reports on prescribed forms and furnish
other required statements to proper authority."
While this Board notes numerous instances of conflict in the testimony,
the following facts are clear. The record as developed on property indicates
that the Claimant suffered a work related injury prior to the end of the work
day on May 18, 1982. That injury was reported verbally around closing, but the
appropriate forms were'not completed. The Claimant admitted to a complete
knowledge of the Rules during the hearing and although there is conflict as to
whether the appropriate Form 2611 was filled out and signed on May 21st or
26th, the weight of the evidence is clear to a violation of Rule M. There
appears to be no substantive mitigating circumstances to adequately, clearly
and substantially explain Claimant's failure to complete the required forms.
Claimant had a responsibility to do so and did not fulfill his responsibilities.
Since this is the weight of the evidence in the case at bar, there is no basis
for judging the discipline assessed by the Carrier as unreasonable, arbitrary
or capricious. As such, the Board will not disturb the Carrier's determination
in this matter.
Award Number 25249 Page 2
Locket Number MW-25258
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 Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: _ __ ~~ Z
~4
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 31st day of January 1985.