NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25963
Robert W. McAllister, 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 Camp Car Attendant
H. T. Wertman for alleged 'Late report of injury sustained 8/6/82, reported
8/9/82.' was without just and sufficient cause (System Docket CR61-D).
(2) The claimant's record shall be cleared of the charges leveled
against him and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: The Claimant is a Camp Car Attendant. He was injured on
August 6, 1982, at the Enola, Pennsylvania, Yard while on
duty. He did not report the injury until August 9, 1982. As a result, he was
issued a five (5) day suspension.
The Carrier contends the relevant facts are not in dispute and that
the Claimant acknowledged his guilt by admitting he did not report the injury
until August 9, 1982. Safety Rule 3000 reads:
"Injured employes must immediately:
(a) Obtain first aid or medical attention if
necessary.
(b) Inform immediate supervisor. When person
in charge is not in immediate vicinity, inform
him at earliest opportunity, but not later than
the quitting time of the day of the occurrence."
The Claimant without contradiction testified at his Trial that his
immediate Supervisor was not present on Friday, August 6, 1982. He said he
did not have the Supervisor's home telephone number. The Claimant also stated
he tried to contact J. Breen at 600 Corporate Circle, but got no answer.
The Board, upon review of the complete record, emphasizes that Rule
3000 requires the immediate supervisor to be notified of an injury. The Claimant attempted to do so,
exercised poor judgment when he left the property without informing someone in
Management he had injured-himself. Nevertheless, given the circumstances, the
Claimant's attempt to comply should not be overlooked. Given the above, the
Board finds the discipline imposed was too harsh and is to be reduced to a
letter of warning. The Claimant is to be made whole for any wages lost.
Award Number 26505
Docket Number MW-25963
Page 2
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:
~i( , ~L~
Nancy . F7Ever - Executive Secretary
Dated at Chicago, /Illinois, this 9th day of September 1987.