Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28502
THIRD DIVISION Docket No. CL-28913
90-3-89-3-317
The Third Division consisted of the regular members and in
addition Referee Barry E. Simon when award was rendered.
(Transportation Communications International Union
PARTIES TO
DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10373) that:
(CARRIER'S FILE N0. TCU-D-2993/TCU FILE NO. 393-D8-136-R)
1. Carrier, acting arbitrarly (sic), violated Rule 24 and other
related rules of the Agreement when, by notice of November 4, 1988, it
assessed discipline of a letter of reprimand against Claimant, Mr. Anthony
Thomas.
2. Carrier shall now be required to rescind the letter of reprimand.
3. Carrier shall now expunge the charges and discipline from Claimant's record."
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.
On May 6, 1988, Claimant was driving an electric cart, delivering
commissary supplies, when the fiberglass cover on the cart fell and hit him on
the head. Following a Hearing, Claimant received a formal reprimand when the
Carrier concluded that he failed to report his injury until may 12, 1988.
Claimant, for his part, testified that he reported the injury at approximately
2:00 P.M. on May 7, 1988, although he began to experience pain that morning.
Carrier witnesses denied that Claimant mentioned being injured prior to May
12. Claimant did not prepare a written report of the injury until May 13,
1988, even though he stated at the Hearing that he understood that a report
should be filled out regardless of the extent of the injury.
Form 1 Award No. 28502
Page 2 Docket No. CL-28913
90-3-89-3-317
Our review of the record shows that there is substantial evidence to
support the Carrier's conclusion that Claimant failed to promptly report a
personal injury. The issuance of a reprimand in this case is not unreasonable. Accordingly, we will
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Ile
Nancy J. er - Executive Spry
Dated at Chicago, Illinois, this 7th day of August 1990.