Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28357
THIRD DIVISION Docket No. MW-28069
90-3-87-3-622
The Third Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(former Louisville and Nashville Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Repairman W. L. Bass for alleged violation of
Rules 739,
frl
and
M
without just and sufficient cause [System File 17 (9)
(86)/12-27(86-314)
Q1.
(2) The claimant shall be reinstated with seniority and all other
rights unimpaired 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 employes 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.
In the facts of this case there is no dispute. Witnesses, Foreman
and Claimant are all in agreement. On the afternoon of June 12, 1986, while
positioning a tie under a rail, Claimant felt a distinct sharp pain in his
lower back. Claimant asked his Foreman not to report the injury so that he
could attempt to keep the accident from being noted on his personal record.
Claimant thereafter went to a chiropractor and was informed that the injury
was too serious to allow a return to work. At that time the injury became
known to his supervisors. After 4:00
P.M.
on June 13, 1986, a Personal Injury
Report was completed by the Assistant Roadmaster.
Form 1 Award No. 28357
Page 2 Docket No. MW-28069
90-3-87-3-622
Claimant was thereafter charged with and found guilty of violating
Rule 739 pertaining to promptly reporting and furnishing a written report of
an injury and Rule G-1 pertaining to dishonesty.
With respect to the instant case, Claimant was properly charged, his
rights were fully protected and the transcript provides substantial evidence
to support Carrier's conclusions of guilt. Claimant admits that he requested
his Foreman not to report the injury. Claimant further admits he at no time
filled out a Personal Injury Report. Claimant's guilt is self-admitted.
As for the discipline assessed, Carrier dismissed Claimant by letter
dated August 22, 1986, for violations of the above-cited Rules. The Carrier
utilized Claimant's past record in determining the quantum of discipline. Our
review of that record clearly supports Carrier's judgment. Dismissal under
these circumstances cannot be considered unreasonable, arbitrary or capricious. There is no proper b
instant case. This finding is consistent with numerous Awards of this Board
(Second Division Awards 11200, 11189, 6232; Third Division Awards 26920,
26663, 26483).
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. p v -Executive Secretary
Dated at Chicago, Illinois, this 27th day of April 1990.