Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32407
Docket No. MW-32900
98-3-96-3-257
The Third Division consisted
of
the regular members and in addition Referee John
H. Abernathy 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 discipline assessed Brush Cutter Operator W. E. McGriff for his
involvement with an injury he sustained on February 23, 1995 was
without just and sufficient cause, based on an unproven charge and
in violation
of
Rule 39 [System File 32(3)(95)/12(95-0562) SSY].
(2) As a consequence
of
the violation referred to in Part (1) above,
Brush Cutter Operator W. E. McGriff shall now have:
`.
. . the letter
of
charge and all matter relative thereto,
including Romaine's letter
of
April 17, be removed from Mr.
McGriffs personal file and he be made whole for all loss
suffered as a result
of
this Carrier's actions."'
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute are
respectively carrier and employee 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.
Form 1 Award No. 32407
Page 2 Docket No. MW-32900
98-3-96-3-257
Parties to said dispute were given due notice of hearing thereon.
On February 23, 1995, while working as a Brush Cutter Operator on the Dothan
Subdivision, Claimant sustained a personal injury to his finger. He reported the accident,
did not seek medical attention and continued to work. On March 8 Claimant requested
medical attention. The doctor determined Claimant's finger was fractured and applied
a splint. On March 13 the Safety Committee investigated the accident and determined
that Claimant may have violated Safety Rules. Claimant was notified on March 21 to
attend a formal Investigation on March 29. After that Investigation, Carrier issued
Claimant a letter of reprimand for placing his hand in a pinch point position.
Rule 39 requires that whenever charges are preferred against an employee, they
will be filed within ten days of the date that management learns
of
the alleged violation.
That was not done in this case. Carrier learned
of
the accident on February 23, but did
not charge the Claimant until 26 days later on March 21. This finding alone is sufficient
to sustain the claim. In addition, the record lacks persuasive evidence of guilt.
AWARD
Claim sustained.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 21st day
of
January 1998.