Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29161
THIRD DIVISION Docket No. MW-29526
92-3-90-3-461
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Seaboard System Railroad)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assessed Claimant
K. B. Page a five (5) day actual suspension for allegedly failing to properly
report a personal injury he sustained on August 23, 1989 [System File KBP89-54/12(89-865) SSY1.
(2) As a consequence of the violation referred to in Part (1) above,
the Claimant's record shall be cleared of the charges leveled against him and
he shall be compensatec:
'5 days fDr discipline pay $11.81 X 40
hours = X472.40
1 day pa
_v
for hearing attendance
$11.81 X 8 hrs. = $94.48
Travel to and from the hearing and
mileage and travel pay on October 2,
1989 from Brooksville, Florida to
Hialeah, '1orida and back based on
306 actua'_ miles of travel."
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 hereia.
Parties to said dispute waived right of appearance at hearing thereon.
Following an =nvestigation on a charge that Claimant had failed to
report a personal injury at the time he sustained the injury he was assessed
discipline of a five days suspension. On appeal the Organization alleged that
Carrier failed to render a timely denial at one stage of the procedure. Before this Board the Org
procedural and substantive grounds.
Form 1 Award No. 29161
Page 2 Docket No. MW-29526
92-3-90-3-461
The record before the Board supports the contentions of the Organization that Carrier was late in re
of the merits of the matter.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy
J./j,0Ver
- Executive Secretary
Dated at Chicago, Illinois, this 3rd day of April 1992.