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.. , AWARD N0. 63
. Case No. 73
PUBLIC LAW BOARD N0. 1582
PARTIES) THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATE'C-NT OF CLAIM: Claim in behalf of former Trackman B. Aguilar,
MiDivision, or reinstatement with seniority, vacation and
all other rights unimpaired and compensation for wage loss beginning January 3, 1976.
FINDINGS: This Public Law Board No. 1582 finds that the parties
herein are Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.
In this dispute the claimant was found guilty of violating Rules 2,
14 and 31 of the General Rules for the Guidance of Employees, 1975,
and Rule 9 of Safety Rules for Santa Fe Employees, Form 2629 Standard,
The Organization contends that the claimant slipped about 5:15 p.m.
on June 6, 1975 while assisting in the loading of an expander onto
a push car. The claimant did not report the injury he allegedly
On June 9 the claimant determined that he had better see a doctor
and went to the-doctor's office and was advised that he had "chipped
a bone around the socket in his joint." At that time the claimant
advised the doctor that he was injured by falling ins. hole while
mowing. his yard. The claimant testified that he had told the dcctor
this for the reason that his foreman had advised him that it was too
late to report it as an injury "on the job."
"Jhether the claimant was hurt on the job or mowing his yard is not ate.
issue
for -his Board to dete ,Liine. That is the-reason and valid=ty
and i-lportance of the rules of the Carrier requiring an employee to
report an injury before the end of their shift or tour of duty.
It is recognized that the claimant contended that he did not report
the injury because he thought he had just bumped his shin. It m::st
be oointed out that there 1.5 a substantial difference bet,,ieen b'._.^~ _a,
ones shin and chipping one's hip bone.
T'-era can be no doubt but that the claimant violated Rule 3? and t:
t::e violation was or' a
very
serious nature. Under tile circuiaSt.n
C33
t.::° -card finds n0 justification to overrule the decls_on of t^.=
'.~.:1rT1er.
_ _ - PL_
3 ~5~2·
Award DIo. 63
Page
AtT~!7D: Claim denied.
Preston J.,/_kdo re, Chairman
rganizaCibn Member
Carri Member