This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Claimant was working as a Machine Operator with a System Production Gang operating a Rail Positioner on June 20, 1995. At the end of his shift, Claimant advised his Supervisor that he had injured his back at about 11:15 A.M. that day. He did not fill out an injury report or request medical attention at the time of the accident or anytime later during his shift. Claimant did fill out a report of injury at his lodging facility that night and the next morning requested and received medical attention. Claimant was on medical leave of absence for several days thereafter.
An Investigation was held as scheduled on July 10, 1995. As a result of that Investigation, it was determined that Claimant failed to immediately report the injury suffered while on duty, as Rule 40 requires. Claimant was assessed a ten day suspension to be served upon return from medical leave of absence on September 27, 1995.
Claimant contends he was not aware he sustained an injury at 11:15 A.M. until after he was assigned duties at 4:00 P.M. which required bending and lifting. After that. Claimant reported the injury. The Organization further contends that the discipline was arbitrarv, unwarranted and unjust. and that Claimant was not afforded a fair and impartial Investigation.
The Board finds that the Investigation was fair and impartial; that the injury was a result of the Claimant manually pushing the equipment he was operating; that the evidence proves that he did not immediately report the accident; and that the penalty imposed was appropriate.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.