NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25939
Herbert L. Marx, Jr., Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The five (5) days of suspension imposed upon Cook E. N. Hartley
for alleged 'Late report of injury sustained 8/6/82' was arbitrary and on the
basis of unproven charges (System Docket CR-59-D).
(2) The charge leveled against the claimant shall be removed from
his record and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: Claimant was subject to an investigative hearing on
August 18, 1982 based on the following charge:
"Late report of injury sustained 8/6/82,
reported 8/9/82."
Following the hearing, the Claimant was assessed a disciplinary
penalty of five days' suspension.
The substance of the brief investigative hearing is contained in the
two following exchanges:
"Hearing Officer: Mr. Hartley, you are being
charged with late report of injury sustained on
8/6/82 and reported on 8/9/82. Are you familiar
with Conrail's policy on reporting injuries?
A. You are supposed to tell someone when it
occurs. At the time, I didn't feel I needed
medical assistance, and even on Monday I talked to
Joe and that is when I reported Wertman's injury
and I told Joe at Lhat time that I felt a pullness
in my chest on Friday, the 6th but it was getting
better. And that I didn't feel I needed medical;
to go to the doctor and I was surprised when they
called and told
Its
both to go.
Organization Representative: Mr. Hartley,
when you reported to work on 8/9/82, did you have
any intention of reporting any injury for yourself?
Award Number 25969 Page 2
Docket Number MW-25939
A. no.
Q. Mr. Hartley, how in fact, did an injury
get reported from you?
A. I told J. Smak. Joe is the supervisor.
I told him about Mr. Wertman first, and I said I
had a pulling in my chest but I was not going to
do anything, it was getting better. I was
surprised when Mr. Wilson called me and told me to
take both of us to Holy Spirit Hospital and I
As to the physical examination referred to in the answer cited
above, the Carrier introduced no medical findings.
It appears that the Carrier, in imposing discipline, relied entirely
upon the Claimant's statement that he felt a "pullness in my chest". This is
not in itself evidence that such was related to any particular activity by the
Claimant or that there was any "injury". An employe's responsibility for
prompt report of injury is well established, in this instance by Safety Rule
3000. To hold an employe in violation of such requirement, however, there
must be some evidence of the existence of a traumatic event -- either as
reported by the employe or by independent observation of others. Such is
entirely lacking here.
In its Rebuttal Submission, the Carrier supplied an Accident Repor~
Form dated August 10, 1982 allegedly signed by the Claimant. Had this been
introduced at the investigative hearing, there may have been more substance to
the Carrier's action. Since it was not introduced at the hearing, and the
Board was not made aware that it was even referenced during the on-propertv
claim handling procedure, the Board is foreclosed from considering it at this
point.
The Carrier has failed to show that the Claimant was tardy in
reporting an injury, since :here was no evidence provided at the investigat:-..
hearing that there had been an injury.
FINDINGS: The Third Division of the Adjustment Board, upon the whole recor,!
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 Fmploves within the meaning of the Railway Labor ac:,
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over ;,r
dispute involved herein; and
That the Agreement was violated.
Award Number 25969 Page 3
Docket Number MW-25939
A WAR D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy J. e r - Executive Secretary
Dated at Chicago, Illinois, this 14th day of March 1986.