NATIONAL RAILROAD ADJUSTMENT BOP-%D
THIRD DIVISION Docket Number MS-25366
Marty E. Zusman, Referee
(Mark A. Jones
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
(Lake Region)
STATEMENT OF CLAIM:
"I, Mark A. Jones was wrongfully discharged from my employment without just cause
or proven facts based on an alleged General Safety Rule 1001 Violation and as
such am entitled to be reinstated with full seniority, all other rights unimpaired,
my record cleared and compensation for all wages lost."
OPINION OF BOARD: On March 2, 1982, Claimant Jones was sent a letter of notification
to report for a formal investigaticn to determine his responsibilit.
in failing to report a personal injury in violation o_` General Safety Rule 1001.
On March 25, 1982 following consideration of the investigation, Claimant was
notified that he had been found guilty as charged and that he was dismissed from
service with Carrier.
The record before.this Board shows that while Claimant may or may not
have been injured at work on January 21, 1982, this much is clear. Claimant was
aware of the Rules, including Safety Rule 1001, and the requirement to report all
personal injuries to the "immediate Supervisor" before leaving work. If that was
not possible, then according to the Rule the injury "must be reported as soon as
possible by the quickest available means of communication...". Claimant reported
no injury to his Foreman and therefore violated the Agreement. Claimant maintains
that no claim of injury was ever made and therefore dismissal is unjustified.
The record of this case as handled on property substantiates Carrier arguments
that Claimant did maintain a possible injury in discussions with a Clerk on January
26, 1982, whereby Claimant stated he told her that "I didn't know if I hurt my
back on the job or not'. In addition, a District Claim Agent reported that Claimant
phoned on February 1, 1982, and indicated "that he had been injured in the vicinity
of Euclid, Ohio on January 21st, 1982'. Claimant first denied and then after
hearing testimony admitted contacting the Claim Agent's Office fully eleven (11)
days later.
The accepted norm in discipline cases is that there be substantial
evidence defined as "such relevant evidence as a resonable mind might accept as
adequate to support a 'conclusion" (Consol. Ed. vs. Labor Bd. 305 U. S. 197,
229). With regard to. the evidence in the instant case a review of the record
indicates that the requirements of this Rule have clearly been met. Carrier
finding of guilt is substantiated.
Award Number 25315 Page 2
Locket Number ,uS-25366
It has been established in previous Awards that this Board does not
presume to substitute its judgment in discipline cases for that of Carrier when
there is substantial evidence to warrant the conclusion of guilt, as there is in
the case at bar. Carrier has the right to expect its employes to comply with its
Gperating Rules. The discipline imposed in the instant case is justified considering
the testimony presented at the investigatstn and t.'^.e serious nature of the offense.
Finding no evidence that the Carrier's assessed discipline was unreasonable or
unrelated to the seriousness of the issue, this Board will leave the Carrier's
action undisturbed.
FINDINGS: The Third Division of the Adjust.-ent Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole recors
and all the evidence, finds and holds:
That t.:e Carrier and the Employes involved in this dispute are respectz~ely
Carrier and Employes within the meaning of the Railway Labor Act, as approved
June 21, 1934;
That this Division of the Adjust.-ent Board has jurisdiction over the
dispute involved herein; and
. That the Agreement was not vio-_iated.
A W A ~ R D
Caim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J ~r - Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1985.