.NATIONAL RAILROAD ADJUSTMENT BARD
THIRD DIVISION Docket Number MW-25716
Stanley L. Aiges, Referee
(Brotherhood of Maintenance of Way flnployes
PARTIES TO DISPUTE:
(The National Railroad Passenger Corporation
( (Amtrak) - Northeast Corridor
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The discipline (reprimand) imposed upon Track Foreman R. T.
Green for alleged violation of "Rule #4000" was without just and sufficient
cause, unwarranted and on the basis of
unproven charges
(System File NECBMWESD-501D).
(2) The reprimand mentioned in Part (1) above shall be removed from
the claimant's record.
OPINION OF BOARD: Track Foreman R. T. Green was assigned to work near MP 126.3
in Lanham, Maryland on August 11, 1982. At approximately
1:00 p.m., he stepped rn a board. A nail imbedded in the board punctured his
shoe and the arch of his right foot. Several minutes later, Green called his
immediate Supervisor's office. The Employe who answered the telephone
advised him that neither of the two Supervisors was
L,2;
nor was the Clerk.
At around 3:00 p. m., Green appeared at the office. ,is Supervisor was not
present.
The following morning, Green reported the injury to his Supervisor.
He was subsequently charged with a violation of Safety Rule #4000, which
requires that any injury immediately be reported to a Supervisor. The
Carrier issued a letter of reprimand to Green, which is the focus of this
dispute.
The record reveals that Green attempted to report his injury within
minutes of its occurrence. He telephoned his Supervisor. Two hours later,
he sought him out. We are convinced that Green constructively complied with
the thrust of Safety Rule #4000. The discipline imposed was excessive. The
letter of reprimand should be removed from Green's record.
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;
Award Number 25580
Docket Number MW-25716
Page 2
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained.
By Or
ATTEST:
5~
Nancy J ~r - Executive Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
der of Third Division
Dated at Chicago, Illinois, this 22nd day of August 1985.
