Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28837
THIRD DIVISION Docket No. MW-29289
91-3-90-3-186
The Third- Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
(CSX Transportation, Inc. (formerly The Seaboard Coast Line
( Railroad Company)
PARTIES TO DISPUTE:
(Brotherhood of Maintenance of Way Employes
STATEMENT OF CLAIM:
"(1) The Agreement was violated when the Carrier assessed C. K.
Osborne a 15 day suspension for his failure to report an alleged on duty
injury. [Carrier's file 12 (89-806), Organization's file CKO-89-49].
(2) As a consequence of the aforesaid violation, Mr. C. K.
Osborne's personal service record be cleared of this incident and that he be
compensated for any loss resulting from the suspension if actually served."
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.
The Claimant was notified of an Investigation concerning his alleged
failure to report an injury, in violation of Carrier Rules which require that
any personal injury (while on duty or on Company property) be reported immediately to appr
do so.
Subsequent to the Investigation, the Carrier imposed a fifteen (15)
day suspension.
Form 1 Award No. 28837
Page 2 Docket No. MW-29289
91-3-90-3-186
The record shows that the Claimant was injured on the morning of May
25, 1989, while he was carrying a cross-tie. He testified that he felt a
pull, "...kind of a shocking sensation go from the lower part of my back down
the left leg." However, because he thought that it was no "major problem" he
did not make any written or oral report that day prior to leaving work to
drive home.
When the Claimant reached his home, after a lengthy drive, he did
feel discomfort, but minimized the pain. The pain persisted on the following
day, but once again he dismissed the matter and did not attempt to make a
report. Finally, on May 27, 1989, he notified a Headmaster for whom he worked
previously, since he could not make contact with his Supervisor. He was advised to seek medical assi
We have limited our review to matters properly raised on the property
and find no procedural error, nor do we feel that the Carrier acted in an arbitrary manner when it f
Certainly all of us have experienced momentary and fleeting discomfort which would hardly be classif
state that every instance of slight pain would fall within the immediate notification proscriptions
silent in such a circumstance, he assumes a risk, and each individual event
must be viewed in its own context. Here, the Claimant described something
other than a mere trivial jolt to his body. Even if we could justify his
silence on May 25, 1989, his continued suppression of the information after
the distress continued can hardly be tolerated in light of the rather clear
and precise Rule.
The letter of charges advised that the Claimant's personal record
would be reviewed, and, in fact, it was. That document shows a February 16,
1988 Letter of Reprimand for failure to report an injury. Certainly the
Claimant had been forewarned in this type of circumstance.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: ,
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 25th day of June 1991.