Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27162
THIRD DIVISION Docket No. MW-27485
88-3-86-3-744
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
(Southern Region)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The thirty (30) days of suspension imposed upon Trackman P. J.
Ward for alleged
'...
falsification of Personal Injury Report, CJ-68
....'
was
arbitrary, capricious, on the basis of unproven charges and in violation of
the Agreement. (System File C-D-3105/MG-5511).
(2) The Claimant's record shall be cleared of the charge leveled
against him and he shall be compensated for all wage loss suffered."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employees involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant informed Carrier that he sustained an injury to his back
while throwing a switch on September 11, 1985, working on the Piney Creek
subdivision. He completed a Personal Injury Report to that effect. Carrier
maintained that Claimant falsified the report. Following an investigation, he
was issued a thirty-day suspension.
The Board has reviewed the entire record of this case, including the
transcript of the investigation. That review indicates the presence of sufficient probative evidence
In both written and oral reports, fellow employes indicated that Claimant had
complained about his back on the morning of September 11, 1985, as the result
of working under his trailer, repairing underground water lines, the previous
day.
As the Board has noted in Third Division Award 25527, "An accurate,
truthful accident report is of extreme significance. A false report not only
contributes to adverse financial liability for the Carrier, but also impedes
remedial efforts necessary to prevent further injury to fellow workers."
Form 1 Award No. 27162
Page 2 Docket No. MW-27485
88-3-86-3-744
Given all the facts of this case, the discipline imposed was
warranted.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of June 1988.