Parties Brotherhood of Maintenance of Way Employes

to and

Dispute Norfolk and Western Railway Company

(former Wabash)

Statement

of Claim: S. A. Haggenjos-Dismissal - Failure to report and falsifying

injury.

Findings: The Board has jurisdiction by reason of the parties

Agreement establishing this Board therefor.

The Claimant, a Machine Operator, on December 2, 1991, was charged with:

"1. Violation of General Safety Rule 1000.

2. Falsifying an alleged on duty injury on May 21 or 22,

1991.

In that you claim an on duty injury occurred on May 21 or 22, 1991 at Lafayette, Indiana, and you subsequently received medical attention allegedly for the injury; but no injury report was made on May 21 or 22, 1991, and no supervisor was notified of your obtaining medical attention for an on duty injury."

Carrier concluded Claimant to be culpable and dismissed him from service as discipline therefor as a result of the investigation held on March 10, 1992.

The Claimant was accorded the due process to which entitled.

There was sufficient evidence adduced to support the Carrier's conclusion as to the Claimant's culpability. Clearly the Claimant had a herniated disc as diagnosed- in November 1991. What is not so clear is that an accident involving the Claimant was witnessed or was reported on May 21, or 22, 1991. True, his foreman did admit that the Claimant had spoken to him about his leg bothering him but that conversation occurred in early June 1991. The record showed that the Claimant did not want to fill out an injury report and continued to work without any restriction through November of 1991. Also, that the Claimant engaged in hiking and water skiing subsequent to May of 1991. The C1_aimant

sought treatment from a chiropractor on September 27, 1991 at his own expense. Thereafter, the Claimant contacted supervision about an on duty injury around November 18, 1991.

There is no question but that common sense, fairness and equity requires that injuries be promptly reported to proper authority to permit adequate treatment, speed up employee fitness and permit the awareness and protection of Carrier liability. Rule 1000 was published for furtherance of that purpose. Adequate treatment fitness and warranted liability.

The Claimant is a very productive employee. The Board, despite some doubtful impressions created by the evidence, will accord the Claimant a last chance opportunity. He will be reinstated to service with all rights unimpaired but without pay for time lost and will be subject to passing a return to work physical examination.

Award:

Order: Carrier is directed to make this Award effective within thirty (30) days of date of issuance shown below.

J-1a::z2

Arthur T. Van Wart, Chairman

and Neutral Member

Issued December 30, 1993.